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Tuesday 11th June 2024

 

Issue No. 182

 

 

C O N T E N T S

 

 

 
 
Notices
Fixing Notice
Calling List
Walling List
Notice
Outer House Rolls
Inner House Rolls

 


 

N O T I C E

 

 

With immediate effect the administration office will adopt an appointment system for issuing photo passes at its public counter.  Should any customer wish to arrange for a photo pass to be issued, an in-person appointment should be made in advance.  This will ensure that a staff member is available to meet with the customer at a time that is mutually suitable.  It may not be possible to guarantee that a member of staff will be available to meet in-person if an appointment is not made in advance.

 

The administration team can be contacted at administrationunit@scotcourts.gov.uk

 

 

 

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.

 

 

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

 

 

 

_________________

 

 

 

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 - 28th January 2025

Personal Injury Proofs requiring more than 4 days - 15th July 2025

Ordinary Action Proofs requiring more than 4 days - 17th September 2024

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Tuesday 11th June

 

1 COS/F43-23 Abid Rasul v Afiah Rasul
 
Aberdein Considine and Company
 
2 COS/PD234-24 Irene Scarfe v L Rowland & Company (Retail) Ltd t/a Rowlands Pharmacy
 
Slater & Gordon Scotland Ltd
3 COS/PD200-24 JM v Scouts Scotland
 
Digby Brown LLP
 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Tuesday 11th June

 

1 Petition General Dental Council for an extension in terms of section 32(8) and (9) of the Dentists Act 1984
 
Anderson Strathern LLP
2 Petition The Nursing and Midwifery Council for an extension of the period of an Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 6 months to 23 January 2025
 
N/A
3 Petition MK for Judicial Review of an age assessment decision of Renfrewshire Council dated 10th March 2024
 
Drummond Miller LLP as agents for Mukhtar & Co. Solicitors, Glasgow
 
4 Petition General Dental Council for an extension in terms of section 32(8) and (9) of the Dentists Act 1984
 
Anderson Strathern LLP
5 Petition The Nursing and Midwifery Council for an extension of the period of a n Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 7 months to 22 February 2025
 
N/A
6 Petition Khoa Xuan Tran (AP) for Judicial Review of a decision of the Secretary of State for the Home Department to issue a Reasonable Grounds Decision on 11 March 2023, that the Petitioner was not a victim of trafficking in the UK
 
Drummond Miller LLP as agents for JustRight Scotland, Solicitors, Glasgow
 

 

 

_________________

 

 

 

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.

 

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

LORD ERICHT – C Wright, Clerk

 

Court 11 - Parliament House

 

Thursday 13th June

 

Procedural Hearing

 

A42/20 Patricia Dailly &c v Nicholas Townell &c Balfour + Manson LLP
 
Clyde & Co (Scotland) LLP NHS Scotland Central Legal Services
 

By Order

 

A348/18 Tahira Jamshid v Tahie Jamshid
 
Drummond Miller LLP MBS Solicitors  

 

 

LADY CARMICHAEL – E Hunter, Clerk

 

Court 8 - Parliament House

 

Thursday 13th June

 

Starred Motion

at 9.00am

 

COS/F60-23 James Lithgow v Claire Lithgow
 
BTO Solicitors LLP
 
Brodies LLP  

 

 

LORD BRAID – N Marchant, Clerk

 

Court 6 - Parliament House

 

Thursday 13th June

 

JUDGMENT

(No appearance of counsel necessary)

 

CA31/23 Forthwell Ltd v Pontegadea UK Ltd
 
Brodies LLP Burness Paull LLP  

By Order

between 9.30am and 10.00am

 

CA87/17 The Coal Authority v Pegasus Fire Protection Co Ltd &c Davidson Chalmers Stewart LLP Morton Fraser MacRoberts LLP
 
Brodies LLP

Continued Starred Motion

between 10.00am and 11.00am

 

CA72/22 Ayr Waste Management Ltd v Enva Scotland Ltd Kennedys Scotland Shepherd & Wedderburn LLP
 
 

Hearing on Note and Answers

between 2.00pm and 4.00pm

 

COS/P406-24 Note:  Stephen Hunt as the administrator of Goals Soccer Centres Plc for an order under paragraph 79 of Schedule B1 to the Insolvency Act 1986
 
Aberdein Considine & Co Addleshaw Goddard (HBJ Gateley)  

 

 

LORD SANDISON – L Morgan, Clerk

 

Court 12 - Parliament House

 

Thursday 13th June

 

Procedural Hearing

between 9.30am and 10.00am

 

COS/CA20-24 Love Investment Properties Ltd v Primark Stores Ltd
 
Brodies LLP Addleshaw Goddard  

Judicial Review – Substantive Hearing

 

COS/P14-24 Pet:  Caz Rae for Judicial Review Drummond Miller LLP Shepherd & Wedderburn LLP
 
 

 

 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Thursday 13th June

 

Case Management Hearing

at 9.30am

 

F30/21 Ian MacPherson v Elaine MacPherson Wright, Johnston & MacKenzie LLP
 
Blackadders LLP  

Continued Starred Motion

at 11.00am

 

COS/F8-24 Amanda Walker v Paul Walker BTO Solicitors LLP
 
Party  

 

 

TO BE ALLOCATED

 

Thursday 13th June

 

Starred Motion

 

COS/PD181-22 David McNeil v Fernbrooke Scotland LLP Watermans Solicitors Ltd Clyde & Co (Scotland) LLP
 
 

Starred Motion

 

COS/A84-23 East Renfrewshire Council v William Wright Clyde & Co (Scotland) LLP
 
Thompsons  

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Thursday 13th June

 

Summar Roll

 

COS/P276/23 Reclaiming Motion (Lady Haldane) Pet:  Safeena Abbas &c for Judicial Review
 
Drummond Miller LLP Office of the Advocate General  

 

 

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