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Friday 5th July 2024

 

Issue No. 200

 

 

C O N T E N T S

 

 

Notices
Fixing Notice
Calling List
Walling List
Outer House (Adjustment) Roll
Notice
Outer House Rolls
Inner House Rolls

 


 

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 - 18 February 2025

Personal Injury Proofs requiring more than 4 days - 1 July 2025

Ordinary Action Proofs requiring more than 4 days - 8 October 2024

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Friday 5th July

 

1 COS-PD283/24 Angus Thomson &c v Duncan Lamond &c
 
Digby Brown LLP
 
2 COS-A192/23 Ewart Aberdeen Properties Ltd v McAleer & Rushe Contracts UK Ltd
 
Burness Paull LLP
 
3 COS-PD274/24 Jackie Elkington v Liverpool Victoria Insurance Co Ltd
 
Digby Brown LLP
 
4 COS-PD286/24 Keith MacLean v Lanarkshire Health Board
 
Thompsons
 
5 COS-PD242/24 MZ v The Roman Catholic Diocese of Motherwell
 
Drummond Miller LLP
 
6 COS-GP5/24 Peugeot, Citroën, DS Automobiles NOx Emissions Group Proceedings
 
Lefevres
 
7 COS-A213/23 Scottish Water v Morrison Water Services Ltd &c
 
Brodies LLP
 
8 COS-PD285/24 Susan Lawrie v On the Beach Ltd Digby Brown LLP

 

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Friday 5th July

 

1 Petition McGill’s Bus Service Limited for Judicial review of the lawfulness of the consultation by the Strathclyde Partnership for Transport in relation to the proposed “Strathclyde Regional Bus Strategy”
 
DLA Piper Scotland LLP
2 Petition His Majesty’s Secretary of State for Business and Trade for disqualification and compensation orders in terms of sections 6 and 15A of the Company Directors Disqualification Act in respect of Shaun Frederick Dawson Fraser
 
Burness Paull LLP
 
3 Petition Muhammad Jaber Mustafa Omar for Judicial Review of decisions by the Secretary of State for the Home Department Drummond Miller LLP (for Berlow, Rahman, Hassan Solicitors, Glasgow

 

 

 

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OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 3rd July 2024 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 28th August 2024.

 

1 A122/23 John Bird &c v H-C One &c
 
Slater & Gordon Scotland Ltd
 
Clyde & Co Scotland LLP
 
BTO Solicitors LLP
 
    NHS Scotland Central Legal Office
 
Keoghs Scotland LLP
 
CMS
 
2 A59/24 Jane Morland &c v Greater Glasgow & Clyde Health Board
 
Levy & McRae
 
NHS Scotland Central Legal Office
 
 
3 A142/24 Gemma Crickmore v Forth Valley Health Board
 
Digby Brown LLP
 
NHS Scotland Central Legal Office
 
 
4 A381/23 Karl Furst Von Graf Von Wurtemberg &c v Craik & McRae &c
 
Levy & McRae
 
DAC Beachcroft Scotland LLP
 
TLT LLP
 
5 A382/23 Duggan Forestry v Craik & McRae &c
 
Levy & McRae DAC Beachcroft Scotland LLP TLT 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

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 8 - Parliament House

 

Tuesday 9th July

 

Case Management Hearing

at 9.30am

 

COS-F98/23 David Thomson v Gayle Thomson Brodies LLP SKO Family Law Specialists  

 

 

LORD SANDISON – S Alexander, Clerk

 

Court 12 - Parliament House

 

Tuesday 9th July

 

Continued Procedural Hearing

between 10.00am and 10.30am

 

COS-P1173/23 Pet:  Mark Kelly for orders pursuant to sections 994 and 996 of the Companies Act 2006 Blackadders LLP    

 


 

LORD RICHARDSON – D Allen, Clerk

 

Court 7 - Parliament House

 

Tuesday 9th July

 

Continued Preliminary Hearings

between 9.30am and 10.30am

 

COS-CA47/24 LCI Quartermile Propco Ltd v Sir Robert McAlpine Ltd &c
 
Brodies LLP Pinsent Masons LLP  
COS-CA48/24 LCI Quartermile Propco Ltd v Charles Henshaw & Sons Ltd Brodies LLP DLA Piper Scotland LLP  

 

 

 

TO BE ALLOCATED

 

Tuesday 9th July

 

Proof Before Answer (4 days)

 

A249/18 Graeme Roger &c v Grampian Health Board Balfour + Manson LLP NHS Scotland Central Legal Services  

 

Proof (4 days)

 

COS-PD30/22 Syd McDermott v Hall & Tawse Ltd Thompsons Clyde & Co (Scotland) LLP  

 

 

 

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INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Tuesday 9th July

 

Summar Roll

 

COS-XA52/23 Jonathan Weiss for appeal against a decision of the Scottish Ministers Party SGLD  

 

 

 

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