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Wednesday 22nd May 2024

 

Issue No. 168

 

 

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

 

 

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.

 

 

 

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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COURT OF SESSION

 

 

CALLING LIST

 

Wednesday 22nd May

 

1 COS-CA27/24 Linear Design & Construct Ltd v Lindsays LLP Burness Paull LLP

 

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Wednesday 22nd May

 

1 Petition Martha Smith for leave to bring proceedings against Upper Clyde Shipbuilders Ltd 86/27
 
Thompsons
2 Petition Rakshanda Khalid for Judicial Review of decisions by the Secretary of State for the Home Department
 
Drummond Miller LLP (for RH & Co, Glasgow)
3 Petition Abubaker Jama Adam for Judicial review of an age assessment decision of Dundee City Council dated 23rd February 2024 Drummond Miller LLP (for Mukhtar & Co, Glasgow)
 
4 Petition Fred Olsen Renewables Limited for Judicial Review of a Decision by the Scottish Ministers dated 23 February 2024 refusing consent under section 36 of the Electricity Act 1989 and deemed planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997 for the construction and operation of Lethen Wind Farm north-west of Grantown-on-Spey within The Highland Council planning authority area Harper Macleod LLP
 
5 Petition Orb Properties Limited for an order in terms of the Insolvency Act 1986 to wind up Viva Italia Limited Drummond Miller LLP
 
6 Note Robert Meenan for leave to raise an action against Upper Clyde Shipbuilders Limited 86/27 (in liq) Thompsons

 

 

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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 BRAID – N Marchant, Clerk

 

Court 6 - Parliament House

 

Friday 24th May

 

By Order

between 09.00am and 09.30am

 

CA2/22 Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd Morton Fraser MacRoberts LLP DAC Beachcroft Scotland LLP  

 

Oral Hearing

At 10.00am

 

P22/24 Gail Stewart for JR Drummond Miller LLP Anderson Strathern LLP  

 

Starred Motion

At 11.00am

 

A90/21 Greater Glasgow Health Board v Multiplex Construction &c Morton Fraser MacRoberts LLP Brodies LLP  

 

 

 

LORD LAKE – D Bowie, Clerk

 

Parliament House

 

Friday 24th May

 

Judicial Review – Oral Hearing

at 9.30am

 

COS-P899/23 Pet:  Lynos Rwodzi for Judicial Review Drummond Miller LLP Office of the Advocate  

 

 

 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Friday 24th May

 

Pre-Proof By Order

at 9.30am

 

COS-F62/23 Robert Ritchie v Caroline Ritchie Wright, Johnston & MacKenzie LLP Balfour + Manson LLP  

 

Pre-Proof By Order

at 10.00am

 

COS-F78/23 Elena Bythell v Shaun Bythell SKO Family Law Specialists Aberdein Considine & Co  

 

 

 

TO BE ALLOCATED

 

Friday 24th May

 

By Order

In terms of Rule of Court 43.6(3)

 

COS-PD564/23 Michael Gartshore v Fife Health Board &c
 
Jackson Boyd LLP NHS Scotland Central Legal Office MDDUS

 

By Order

 

COS-PD540/22 Lisa Conlon &c v NHS Grampian Health Board Thompsons NHS Scotland Central Legal Office  

 

By Order

 

COS-PD99/23 Andrew Laing &c v Heggie & Aitchison Ltd Thompsons Bonnar Accident Law Ltd DAC Beachcroft Scotland LLP

 

Starred Motion

 

COS-PD292/22 Joanne Nicolson v. Henry Berg Digby Brown LLP BTO Solicitors LLP  

 

 

 

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INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Friday 24th May

 

Single Bill

 

COS-P1065/23 Pet:  The Scottish Legal Complaints Commission for orders under section 17 of the Legal Profession & Legal Aid Act re:  G Ahmed and Meliora Legal Party Harper MacLeod LLP  

 

 

 

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