Thursday 23rd May 2024
Issue No. 169
C O N T E N T S
| Notices |
|---|
| Fixing Notice |
| Further Procedure Warning List Personal Actions |
| Calling List |
| Walling List |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
N O T I C E
Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays of the 6th and 20th May 2024.
Motions etc. intimated and enrolled by email in accordance with Parts 2 and 4 of Chapter 23 of the Rules of the Court of Session 1994.
| Intimation Date | Opposition Date | Motion Lodged Date |
|---|
| Information for Public Holiday on 6th May 2024 |
| 01/05/2024 | 03/05/2024 | 07/05/2024 |
| 02/05/2024 | 07/05/2024 | 08/05/2024 |
| 03/05/2024 | 08/05/2024 | 09/05/2024 |
| Intimation, opposition and enrolment dates to return to normal thereafter |
| |
| Information for Public Holiday on 20th May 2024 |
| 15/05/2024 | 17/05/2024 | 21/05/2024 |
| 16/05/2024 | 21/05/2024 | 22/05/2024 |
| 17/05/2024 | 22/05/2024 | 23/05/2024 |
| Intimation, opposition and enrolment dates to return to normal thereafter |
Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994
| Date motion enrolled | Can be opposed until 12.30pm on… | Date opposed motion dealt with |
|---|
| Information for Public Holiday on 6th May 2024 |
| 02/05/2024 | 03/05/2024 | 07/05/2024 |
| 03/05/2024 | 07/05/2024 | 08/05/2024 |
| Intimation, opposition and enrolment dates between dates to run as normal |
| |
| Information for Public Holiday on 20th May 2024 |
| 16/05/2024 | 17/05/2024 | 21/05/2024* |
| 17/05/2024 | 21/05/2024 | 22/05/2024* |
Intimation, opposition and enrolment dates between dates to run as normal
|
* If the motion is opposed you will be contacted by the Keeper’s Office to arrange the opposed motion hearing date as per current practice
N O T I C E
Parties should liaise with the Keeper’s office prior to enrolling a motion seeking to assign or re-assign a date for a hearing in the Outer House (this excludes commercial and family actions).
Please can parties communicate with the Keeper’s office inbox: keepers@scotcourts.gov.uk
This change is being implemented to avoid overloading of the court rolls, and to avoid hearings in actions which are not being case managed, being assigned for unsuitable dates and times.
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UPDATED N O T I C E
OPPOSED AND STARRED MOTIONS
The procedure for the allocation of opposed and starred motions will now be as follows:
When an opposition to a motion or an automatic starred motion is lodged during term time, the Keeper’s Office will allocate the motion to call 2 days ahead from the enrolment of the opposed or starred motion.
Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.
Parties should liaise with the Keeper’s office in relation to the allocation of these motions. Following the allocation of the motion, the clerk will liaise with parties to agree the time the motion will call. This is to ensure an opportunity is provided for representations to be made about the format of the hearing.
All communications with the Keeper’s Office should be made to:
keepers@scotcourts.gov.uk
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FIXING N O T I C E
The Keeper’s office is currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs:
Personal Injury 4 day Proofs – 7th January 2025
Personal Injury Proofs requiring more than 4 days – 8th July 2025
Ordinary Action Proofs requiring more than 4 days – 27th August 2024
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FURTHER PROCEDURE WARNING LIST
PERSONAL INJURY ACTIONS
Following a trawl of Personal Injury cases lodged within the Offices of the Courts of Session, the following cases have been identified as requiring further procedure in the undernoted cases. Within some of the undernoted cases, intimation has been given to the Keeper of the Rolls regarding the case has settled.
Accordingly the cases will be put out By Order in the near future.
| 1 | PD58/18 Fatmah Albuloushi v John Barr | Digby Brown LLP | Clyde & Co (Scotland) LLP
| |
| 2 | PD38/20 Susan Wylie v Thomas McGuigan &c | Jackson Boyd LLP | DAC Beachcroft Scotland LLP
| |
| 3 | PD241/20 Tracey McDowall &c v Julie Banks &c | Digby Brown LLP | CMS | BTO Solicitors LLP
|
| 4 | PD359/20 Elaine Caird v Barchester Healthcare Ltd | Digby Brown LLP | DAC Beachcroft Scotland LLP
| |
_________________
COURT OF SESSION
CALLING LIST
Thursday 23rd May
| 1 | COS/PD166-24 Judith Todd v Cosmedicare UK Ltd &c
| Levy & McRae Solicitors LLP
|
| 2 | COS/PD195-24 Mark Brehmer v Matheson's Ltd
| Harper Macleod LLP
|
| 3 | COS/PD188-24 Patrice Kinloch v Renfrewshire Council
| Balfour + Manson LLP
|
| 4 | COS/PD127-24 Paul Fleming v Lanarkshire Health Board
| Lefevres |
| 5 | COS/PD185-24 SAM v Aberdeen City Council
| Digby Brown LLP
|
| 6 | COS/PD117-24 TAE v Aberdeenshire Council
| Thompsons |
| 7 | COS/PD86-24 Executors nominate of William Carlyle &c v British Telecommunications PLC &c
| Thompsons |
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COURT OF SESSION
WALLING LIST
Thursday 23rd May
| 1 | Petition | Stewart Gill to restore Thomas C Watson Limited (75/535) to the register of companies
| Digby Brown LLP |
| 2 | Petition | (FIRST) Mr Asif Hassan Sheikh and (SECOND) Mrs Munnazza Sheikh for Judicial review of decision of the Home Office dated 13th March 2024 rejecting the petitioners’ reconsideration request
| Drummond Miller LLP |
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N O T I C E
INNER HOUSE
All substantive business in the Inner House i.e. hearings not dealing with procedural business as defined by Rule 37A.1(2) of the Court of Session Rules will be conducted in person, however the court may allow parties to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Inner House, such as leave/permission to proceed hearings, will be conducted virtually or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
OUTER HOUSE
All first instance hearings in the Outer House including proofs, debates and judicial review hearings will be conducted in-person, however the court may allow parties or their witnesses to be heard remotely on cause shown. A party seeking a remote, or hybrid, hearing should apply to do so by motion.
Procedural hearings in the Outer House, including applications for permission to proceed in judicial review petitions, and preliminary and procedural hearings in the Commercial court, will be conducted using Webex or dealt with on the basis of written submissions, however the court may allow the hearing or part thereof to be conducted in person “on cause shown”. A party seeking an in person or hybrid procedural hearing should apply to do so by motion.
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OUTER HOUSE ROLLS
LORD CLARK – L Miller, Clerk
Court 6 - Parliament House
Wednesday 29th May
Case Management Hearing
| A310/19 Fiona Bradshaw &c v NHS Lothian | Balfour + Manson LLP | NHS Scotland Central Legal Office
| |
By Order
| PD249/20 Steven Wakeley v Gefion Insurance AS | Reid Solicitors
| Keoghs Scotland LLP
| |
Thursday 30th May
Procedure Roll (2 days)
PD301/20 Natalie Munroe v Graeme Henderson &c
| Drummond Miller LLP | A & WM Urquhart | NHS Scotland Central Legal Office
|
LORD ERICHT – C Wright, Clerk
Court 11 - Parliament House
Wednesday 29th May
Continued Judicial Review – Oral Hearing
| COS/P96-24 Pet: Alan Houston for Judicial Review | Party | Office of the Advocate General
| |
LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Friday 31st May
Starred Motion
COS/F100-23 Jamie Hargreaves v Melissa Cooney
| Balfour + Manson LLP | TC Young LLP | |
LORD ARTHURSON – A Galloway, Clerk
Parliament House
Thursday 30 May
By Order
COS/AD29-22 Aberdeen Council for Permanence Order re JRG
| Aberdeen City Council | Rutherford Sheridan Ltd | |
COS/AD30-22 Aberdeen Council for Permanence Order re KG
| Aberdeen City Council | Rutherford Sheridan Ltd | |
LORD FAIRLEY – E Brown, Clerk
Parliament House
Friday 31st May
Judicial Review – Procedural Hearing
COS/P868-23 Pet: Simon McLean for Judicial Review
| Drummond Miller LLP | Brodies LLP | |
LADY HALDANE – C Grant, Clerk
Court 10 - Parliament House
Tuesday 28th May
Case Management Hearing
| A297/21 June Bradley &c v Glasgow Council | Drummond Miller LLP | Harper MacLeod LLP
| |
Wednesday 29th May
By Order Adjustment
| COS/A256-23 Saddiq Ahmed v Kamall Ahmed | BTO Solicitors LLP
| Party Litigant | |
By Order
| A119/22 Freedom Fish Ltd &c v Johnston Carmichael LLP | MacKinnons
| BTO Solicitors LLP
| |
By Order
COS/PD535-23 Sean Neilson &c v Cape Insulation Ltd
| Thompsons
| Brodies LLP | |
Thursday 30th May
Case Management Hearing
| A251/21 Awfa Paulina v Serco Group Plc &c | The Conway Accident Law Practice | DWF LLP | NHS Scotland Central Legal Office
|
Case Management Hearing
| COS/A189-22 Fiona Black &c v Grampian Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office
| |
By Order
| COS/PD386-22 Kyle McAvoy &c v Ian Stalker | Digby Brown LLP
| DAC Beachcroft Scotland LLP
| |
LORD RICHARDSON – D Allen, Clerk
Court 7 - Parliament House
Wednesday 29th May
By Order
between 9.30am and 10.00am
| COS/CA41-23 Leonardo Hotel Management (UK) Ltd v Galliford Try Building 2014 Ltd | Morton Fraser MacRoberts LLP
| Clyde & Co (Scotland) LLP | Kennedys Scotland |
Thursday 30th May
Preliminary Hearing
between 9.30am and 10.00am
COS/CA10-23 Smith Cogeneration (Bangladesh) PVT Ltd v Bangladesh Power Development Board
| Shepherd & Wedderburn LLP | Anderson Strathern LLP | |
LADY DRUMMOND – C Anderson, Clerk
Court 12 - Parliament House
Tuesday 28th May
By Orders
| COS/P821-23 Pet: DCC (Designate) Fiona Taylor for Judicial Review | Clyde & Co (Scotland) LLP | Morton Fraser MacRoberts LLP
| |
| COS/P823-23 Pet: DCC (Designate) Fiona Taylor for Judicial Review | Clyde & Co (Scotland) LLP | Morton Fraser MacRoberts LLP
| |
LORD STUART – N Marchant, Clerk
Court 4 - Parliament House
Monday 27th May
Proof (3 days)
| COS/AD10-23 Application for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re: EO | SKO Family Law Specialists | | |
Wednesday 29th May
By Order
at 9.30am
| COS/F52-23 Aileen Curle v Gareth Curle | Brodies LLP | BTO Solicitors LLP
| |
Thursday 30th May
Judicial Review – Substantive Hearing
| COS/P1046-23 Pet: A for Judicial Review | Drummond Miller LLP | Brodies LLP | |
TO BE ALLOCATED
Friday 31st May
Judicial Review – Procedural Hearing
| COS/P99-24 Maqsooda Bibi for Judicial Review | Drummond Miller LLP | Office of the Advocate General
| |
By Order
COS/PD432-23 James Robertson v Meldrum House Estates Ltd
| Jackson Boyd | DAC Beachcroft Scotland LLP | |
Continued Case Management Hearing
| COS/A137-22 Charlotte Cooper &c v Lanarkshire Health Board | Levy & McRae Solicitors LLP | NHS Scotland Central Legal Office
| |
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INNER HOUSE ROLLS
FIRST DIVISION
Thursday 30th May
Single Bill
CA105/20 Reclaiming Motion (Lord Braid) DMWSHNZ Ltd v Bank of Scotland Plc
| Anderson Strathern LLP | Addleshaw Goddard | |
EXTRA DIVISION
Tuesday 28th May
Single Bill
| COS/XA4-24 Krishinda Powers-Duff for appeal against a decision of the Nursing and Midwifery Council | Party | Shepherd & Wedderburn LLP
| |
Wednesday 29th May
Single Bill
at 10.30am
COS/XA46-23 Maria Forrest-Muir for leave to appeal, against a decision of the Scottish Legal Complaints Commission
| Party | Brodies LLP | |
Single Bill
at 2.00pm
COS/XA19-24 Maria Forrest-Muir to appeal, against a decision of the Scottish Legal Complaints Commission
| Party | Brodies LLP | |
Thursday 30th May
Procedural Hearing
COS/P484-23 Reclaiming Motion (Lord Summers) Pet: Cecilia Amihere for Judicial Review
| Drummond Miller LLP | Office of the Advocate General | |
Friday 31st May
Procedural Hearing and Single Bill
| COS/PD490-22 Reclaiming Motion (Lord Harrower) Roderick Finlayson &c v Alban Wine Ltd | The Conway Accident Law Practice | Clyde & Co (Scotland) LLP
| Keoghs Scotland LLP |
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