Thursday 18th April 2024
Issue No. 144
C O N T E N T S
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| Notices |
| Fixing Notice |
| Further Procedure Warning List Personal Injury |
| Calling List |
| Walling List |
| 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 - 12th November 2024
Personal Injury Proofs requiring more than 4 days - 10th June 2025
Ordinary Action Proofs requiring more than 4 days - 16th July 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 | PD471/16 Gerard Glynn &c v BHC Ltd
| Digby Brown LLP | DAC Beachcroft Scotland LLP
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| 2 | PD288/17 Tony Martin v Fife Council
| Digby Brown LLP | Clyde & Co (Scotland) LLP
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| 3 | PD397/18 Iain Bell v David Bell
| Balfour + Manson LLP | BTO Solicitors LLP
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| 4 | PD399/17 Daniel Bates v Craig Stack
| Slater & Gordon Scotland Ltd
| DAC Beachcroft Scotland LLP | |
| 5 | PD58/18 Fatmah Albuloushi v John Barr
| Digby Brown LLP | Clyde & Co (Scotland) LLP
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| 6 | PD309/18 Barry Millar v Onesubsea UK Ltd
| Balfour + Manson LLP | Clyde & Co (Scotland) LLP
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| 7 | PD263/19 Fiona Allan &c v Leonardo Bora &c | Slater & Gordon Scotland Ltd
| DAC Beachcroft Scotland LLP | |
| 8 | PD281/19 Melanie Anderson v Marjory Stewart &c
| Gillespie MacAndrew LLP
| BTO Solicitors LLP | |
| 9 | PD453/19 Ann Byrne &c v Babcock Rail Ltd
| Digby Brown LLP | Brodies LLP | |
| 10 | PD473/19 Gina Brown &c v John Woodward
| Balfour + Manson LLP | DAC Beachcroft Scotland LLP
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| 11 | PD560/19 Archibald Young v Jasvinder Singh
| Thorntons Law LLP | Clyde & Co (Scotland) LLP
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| 12 | PD38/20 Susan Wylie v Thomas McGuigan &c
| Jackson Boyd LLP | DAC Beachcroft Scotland LLP
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| 13 | PD68/20 Alexis Martin v Western Buses Ltd
| The Conway Accident Law Practice
| Clyde & Co (Scotland) LLP | |
| 14 | PD69/20 Teresa Brownlie &c v Cemex UK Operations Ltd
| The Conway Accident Law Practice
| Clyde & Co (Scotland) LLP | |
| 15 | PD133/20 Margaret Lithgow v Glasgow City Council
| Balfour + Manson LLP | Morton Fraser MacRoberts LLP
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| 16 | PD141/20 Barry Watson v DTT Deliveries Ltd
| Slater & Gordon Scotland Ltd
| DWF LLP | |
| 17 | PD241/20 Tracey McDowall &c v Julie Banks &c
| Digby Brown LLP | CMS | BTO Solicitors LLP
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| 18 | PD306/20 Keith Appleby v Alfred CoiCiola &c
| Balfour + Manson LLP | Clyde & Co (Scotland) LLP
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| 19 | PD359/20 Elaine Caird v Barchester Healthcare Ltd
| Digby Brown LLP | DAC Beachcroft Scotland LLP
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COURT OF SESSION
CALLING LIST
Thursday 18th April
| 1 | COS/A96-24 Alan McLean v Scottish Woodlands Ltd
| Balfour + Manson LLP
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| 2 | COS/A98-24 Gordon Barron &c v McKenzie Care Ltd &c
| Slater & Gordon Scotland Ltd |
| 3 | COS/PD45-24 Jane Palfreman v Greater Glasgow Health Board
| DAC Beachcroft Scotland LLP |
| 4 | COS/PD99-24 Jozef Ligaj v R J Solutions Ltd
| Thompsons |
| 5 | COS/PD116-24 Linda Marshall v UK Insurance Ltd
| Gildeas Limited |
| 6 | COS/PD142-24 Nicola Reid v The University Court of the University of Glasgow and Subsidiary Companies
| Digby Brown LLP |
| 7 | COS/PD154-24 Tyler Finnigan v Abellio Scotrail Ltd
| Jones Whyte |
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COURT OF SESSION
WALLING LIST
Thursday 18th April
| 1 | Petition | Kaucher Rashid Kanon for Judicial Review of a decision by the Secretary of State for the Home Department to refuse indefinite leave to remain
| Drummond Miller LLP |
| 2 | Petition | Stobo Residents Action Group Limited for Judicial Review of a screening decision by Scottish Forestry dated 18 January 2024 under the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 in relation to a proposed forestry project known as “Stobo Woodland Creation”
| Balfour+Manson LLP |
| 3 | 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 12 months to 29 May 2025
| N/A |
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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 ERICHT – C Wright, Clerk
Court 11 - Parliament House
Wednesday 24th April
By Order (Adjustment) Roll
| COS/A345-23 ARB Aviation Ltd v James Watt &c | Brodies LLP | Gilson Gray LLP
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By Order
In terms of Rule of Court 43.6(3)
| COS/PD340-23 Ann McEwan &c v Cairntoul Medical Practice &c | Lindsays LLP | BTO Solicitors LLP
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Thursday 25th April
By Order
In terms of Rule of Court 43.6(3)
| COS/PD435-22 Barry Kinch &c v The Advocate General as representing The Ministry of Defence | Digby Brown LLP | Morton Fraser MacRoberts LLP
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By Order
| COS/PD531-20 William Smith v MAFF Assurances SA | Thompsons | DAC Beachcroft Scotland LLP
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Friday 26th April
By Order (Adjustment) Roll
| A326/20 Alasdair MacKenzie &c v Scottish Water &c | DAC Beachcroft Scotland LLP
| MacRoberts LLP
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By Order
| A16/16 Martin Darroch &c v DTA Chartered Architects Ltd | BTO Solicitors LLP | Clyde & Co (Scotland) LLP
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By Order
COS/PD63-22 Arthur Milne v Subsea7 Crewing Services PTE Ltd &c
| Burness Paull LLP | | |
LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Tuesday 23rd April
By Order
at 9.00am
| COS/F56-23 CT v The Adoptive parents of the child K | Drummond Miller LLP
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| COS/F57-23 CT v The Adoptive parents of the child P | Drummond Miller LLP
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Pre-Proof Hearing
at 9.30am
| COS/F86-23 Elizabeth Swan v Charles MacDonald | SKO Family Law Specialists
| Balfour + Manson LLP | |
Proof (8 days)
| COS/F50-22 James Lygate v Lesley Lygate | Brodies LLP | Blackadders LLP
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Wednesday 24th April
Case Management Hearing
at 9.00am
| COS/F6-24 Brian Thomson v Michael Bradley | Harper MacLeod LLP
| Balfour + Manson LLP | |
Case Management Hearing
at 9.30am
| COS/F10-24 Ruth Fletcher v Dale Munro | Brodies LLP | Lindsays LLP | |
Thursday 25th April
Judicial Review – Procedural Hearing
at 9.00am
| COS/P122-24 Pet: A for Judicial Review | Drummond Miller LLP | Anderson Strathern LLP
| Balfour + Manson LLP |
| | SGLD | Millard Law
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Judicial Review – Procedural Hearing
at 9.30am
| COS/P111-24 Pet: XY for Judicial Review | Balfour + Manson LLP | City of Edinburgh Council
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Continued Case Management Hearing
at 10.00am
| COS/F70-23 Sarudzai Zinoro v Chenjeral Zinoro | BTO Solicitors LLP
| Brodies LLP
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In terms of Rule of Court 49, a Proof has been allowed in the following action:
| COS/F98-23 David Thomson v Gayle Thomson | Brodies LLP | SKO Family Law Specialists
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LADY POOLE – S Alexander, Clerk
Court 10 - Parliament House
Wednesday 24th April
By Order
In terms of Rule of Court 43.6(3)
| COS/PD530-23 Linda Wallace &c v William Beardmore & Co Ltd | Thompsons | Clyde & Co (Scotland) LLP
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By Order
| COS/A298-23 Amy Callin v PKF Geoffrey Martin & Co Ltd | Addleshaw Goddard (HBJ Gateley)
| Thorntons Law LLP
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Thursday 25th April
By Order
| COS/PD58-21 Alan Capps &c v Foster Wheeler (London) Ltd | Thompsons | DAC Beachcroft Scotland LLP
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By Order
| A311/21 Matthew Black &c v Forth Valley Health Board | Thorntons Law LLP | NHS Scotland Central Legal Office
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By Order
| COS/PD179-23 James Wiper v Lorna Bruce | Digby Brown LLP | Kennedys Scotland
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Friday 26th April
Case Management Hearing
| COS/A246-22 Mary Lawson v NHS Lanarkshire | Drummond Miller LLP | NHS Scotland Central Legal Office
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By Order
| COS/A249-22 Duncan MacDonald v Greater Glasgow Health Board | Thompsons | NHS Scotland Central Legal Office
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By Order
| COS/PD324-22 Gabor Varga v Pedro Fernandes &c | Morton Fraser MacRoberts LLP
| DAC Beachcroft Scotland LLP | |
LORD BRAID – N Marchant, Clerk
Court 7 - Parliament House
Tuesday 23rd April
Debate
COS/CA93-23 B&M Retail Ltd v LXI Cowdenbeath Ltd
| Brodies LLP | DWF LLP | |
Wednesday 24th April
Case Management Hearing
between 9.00am and 10.00am
A94/21 Nikki Grant v NHS Lanarkshire Health Board
| Digby Brown LLP | NHS Scotland Central Legal Office
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Thursday 25th April
Continued By Order
between 9.00am and 9.30am
COS/CA84-23 Kevan Jones &c v Craighton Holdings Ltd
| Gillespie Macandrew LLP
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Case Management Hearing
between 9.30am and 10.00am
COS/A60-24 Ian Mirfin v Lanarkshire Health Board
| Harper MacLeod LLP | NHS Scotland Central Legal Office
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Proof (1 day)
A12/20 Taurean Drayak &c v NHS Grampian
| Drummond Miller LLP | NHS Scotland Central Legal Office
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Friday 26th April
By Order
between 9.00am and 9.30am
| CA2/22 Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd | Morton Fraser MacRoberts LLP
| DAC Beachcroft Scotland LLP | |
Continued By Order
between 10.00am and 1.00pm
P263/21 Pet: Carolyn Sumner for Orders under section 994 and 996 of the Companies Act 2006 re: OPCC06 Ltd
| Harper MacLeod LLP | Blackwater Law Ltd | |
COS/P1102-23 Pet: Neil Hogarth for Orders under section 994 and 996 of the Companies Act 2006 re: OPCC06 Ltd
| Shoosmiths LLP R&L Services | Blackwater Law Ltd | Harper MacLeod LLP |
COS/CA35-24 Robert Wilson v Gordon Beurskens
| Blackwater Law Ltd | Party | |
LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
Tuesday 23rd April
Continued Procedural Hearing
between 9.00am and 10.00am
COS/CA78-23 Deepmatter Ltd v The University Court of the University of Glasgow
| Pinsent Masons LLP | CMS | |
Starred Motion
between 10.00am and 11.30am
| COS/P172-24 Pet: Finsbury Growth & Income Trust Plc for Confirmation of Reduction of Share Premium | Eversheds Sutherland (International) LLP
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Wednesday 24th April
By Orders
between 9.00am and 10.00am
| A410/14 James McArthur &c v Arthur Horsey &c | Kennedys Scotland | Aberdein Considine & Co
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| A707/14 Peter Burns &c v John Horsey &c | Kennedys Scotland | Aberdein Considine & Co
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| A289/16 Margaret Gallagher v Arthur Horsey &c | Kennedys Scotland | MBM Commercial LLP
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A89/17 Nancy Stewart v Lorraine McKenzie &c
| Kennedys Scotland | Addleshaw Goddard | |
COS/A81-24 Elizabeth Fyfe v Lauren McCarthy
| Kennedys Scotland | | |
By Order
between 10.00am and 10.30am
| COS/P211-24 Pet: Network Rail Infrastructure Ltd for Judicial Review | Dentons UK and Middle East LLP | Anderson Strathern LLP
| Pinsent Masons LLP |
Continued Starred Motion
between 2.00pm and 4.00pm
| COS/CA94-23 Mex Group Worldwide Ltd v Stewart Ford &c | Clyde & Co (Scotland) LLP
| BTO Solicitors LLP | Harper MacLeod LLP |
| | CMS
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| COS/P911-23 Mex Group Worldwide Ltd for section 1 Order | Clyde & Co (Scotland) LLP
| BTO Solicitors LLP | |
Thursday 25th April
Case Management Hearing
between 9.00am and 10.00am
COS/P724-23 Pet: Note: MCR Oil Tools LLC for orders under Insolvency Rules 2018
| Ledingham Chalmers LLP | CMS | |
By Order
| COS/A266-22 Medical Devices Scotland v Grampian Health Board | Balfour + Manson LLP | NHS Scotland Central Legal Office
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Friday 26th April
Continued Preliminary Hearing
between 9.00am and 9.30am
COS/CA101-23 Anderson Commercial Ltd v Scania (GB) Ltd
| Brodies LLP | Dentons UK and Middle East LLP
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LORD RICHARDSON – D Allen, Clerk
Court 6 - Parliament House
Tuesday 23rd April
Pre-Proof By Order
between 9.00am and 9.30am
| COS/CA70-23 Keiron Paterson v Blackadders LLP | Burness Paull LLP
| Brodies LLP | |
Continued Starred Motion
between 9.30am and 10.30am
| COS/A232-22 Anna Walls v Alistair Whittingham &c | Morton Fraser MacRoberts LLP
| Flexlaw Ltd | Weightmans (Scotland) LLLP |
| | Clyde & Co (Scotland) LLP
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Wednesday 24th April
Continued Procedural Hearing
between 9.30am and 10.00am
| COS/CA71-23 Kieran Corley &c v Watches of Switzerland Co Ltd | Wright, Johnston & MacKenzie LLP
| Gillespie Macandrew LLP | |
LORD YOUNG – L Bell Cunningham, Clerk
Parliament House
Tuesday 23rd April
Judicial Review – Oral Hearing
at 9.15am
| COS/P973-23 Pet: Ionut Hadadea for Judicial Review | Drummond Miller LLP | Office of the Advocate General
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LORD LAKE – L Miller, Clerk
Parliament House
Thursday 25th April
Judicial Review – Procedural Hearing
at 9.30am
| COS/P1142-23 Pet: Thanh Nguyen for Judicial Review | Drummond Miller LLP | Ledingham Chalmers LLP
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LORD SCOTT – A Harkins, Clerk
Parliament House
Tuesday 23rd April
Judicial Review – Oral Hearing
at 9.00am
| COS/P1193-23 Pet: Gordon Burns for Judicial Review | Drummond Miller LLP
| SGLD | |
LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Monday 22nd April
By Order
| COS/F90-23 Gordon MacIver v Dawn MacIver | Harper MacLeod LLP
| Brodies LLP | |
Tuesday 23rd April
Proof (2 days)
| COS/F48-23 Robert Pass v Helen Pass | Thorntons Law LLP | Balfour + Manson LLP
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Wednesday 24th April
By Order
at 9.30am
| COS/F100-22 Sarah Di Ganci v Anthony Di Ganci | Drummond Miller LLP | SKO Family Law Specialists
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Thursday 25th April
Continued Pre-Proof Hearing
at 9.15am
| COS/F52-23 Aileen Curle v Gareth Curle | Brodies LLP | BTO Solicitors LLP
| |
First Hearing Child Abduction
at 9.30am
| COS/P218-24 Pet: SG for Child Abduction Orders | SKO Family Law Specialists
| Lindsays LLP | |
Pre-Proof Hearing
| COS/F62-23 Robert Ritchie v Carol Ritchie | Wright, Johnston & MacKenzie LLP
| Balfour + Manson LLP | |
Pre-Proof Hearing
| F33/21 Ian Hodge v Rachel Hodge | Party
| Conroy Storrie Gosney
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Friday 26th April
Pre-Proof Hearing
at 9.30am
| COS/F44-23 Thomas Corsan v Linda Corsan | Morton Fraser MacRoberts LLP
| TC Young LLP | |
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INNER HOUSE ROLLS
EXTRA DIVISION
Tuesday 23rd April
Procedural Hearings
COS/XA58-23 Charles Antelme &c for Appeal against a Decision of the Scottish Land Court
| Lindsays LLP | Shepherd & Wedderburn LLP | |
COS/XA59-23 Charles Antelme &c for Appeal against a Decision of the Scottish Land Court
| Lindsays LLP | Shepherd & Wedderburn LLP | |
Wednesday 24th April
Single Bill
at 10.30am
COS/XA4-24 Krishnda Powers-Duff for Appeal against a decision of the Nursing and Midwifery Council
| Party | Shepherd & Wedderburn LLP | |
Thursday 25th April
Single Bill
at 10.30am
COS/XA50-23 Ruth Suleiman for Leave to Appeal against a decision of the Secretary of State for the Home Department
| Drummond Miller LLP | Office of the Advocate General | |
Friday 26th April
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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