SCTSPRINT3

Wednesday 23rd November 2022

 

Issue No. 43

 

 

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 note the Offices of the Court of Session will be closed for a public holiday on Monday 5th December 2022.

 

 

Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994;

 

Motions for Tuesday 6th December 2022 must be enrolled no later than 4.00pm on Thursday 1st December 2022 and may be opposed until 12:30pm on Friday 2nd December 2022.

 

Motions for Wednesday 7th December 2022 must be enrolled no later than 4.00pm on Friday 2nd December 2022 and may be opposed until 12:30pm on Tuesday 6th December 2022.

 

Opposition and enrolment dates return to normal.  Thereafter.

 

 

Cases lodged for calling;

 

Cases lodged for calling up to 12:30pm on Friday 2nd December 2022 will call on Tuesday 6th December 2022.

 

Cases lodged for calling after 12:30pm on Friday 2nd December 2022 and until 4.00pm that day, will call on Wednesday 7th December 2022.

 

Cases lodged for calling up to 12:30pm on Tuesday 6th December 2022 will call on Thursday 8th December 2022.

 

Normal service will resume thereafter.

 


 

N O T I C E

 

 

The CMT Office will be closed due to a Public Holiday on Monday 5th December 2022.

 

Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays listed above.

 

Intimation date Opposition Date Motion Lodged Date
30/11/2022 02/12/2022 06/12/2022
01/12/2022 06/12/2022 07/12/2022
02/12/2022 07/12/2022 08/12/2022
06/12/2022 08/12/2022 09/12/2022

 

Intimation, opposition and enrolment dates return to normal, thereafter.

 

 

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 a date for the motion to call a minimum of 2 days aheadCan all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.

 

An email will be sent to parties setting out the proposed date, Judge and clerk.  The clerk will then liaise with parties to agree a time for the motion to call.  This is to ensure opportunity is provided for representations to be made about the form of the hearing.

 

 

 

_______________

 

 


 

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 - 27th June 2023

Personal Injury Proofs requiring more than 4 days - 15th August 2023

Ordinary Action Proofs requiring more than 4 days - 17th January 2023

 

 

 

______________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Wednesday 23rd November

 

1 COS/PD488-22 Dacia Degen v Harvey McIntoshDigby Brown LLP

 

 

_________________

 

 


 

COURT OF SESSION

 

 

WALLING LIST

 

Wednesday 23rd November

 

1 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 4 months to 17 May 2023N/A

 

 

_________________

 

 

 

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 TURNBULL – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Friday 25th November

 

By Order

 

COS/PD444-21 Michael Snowdon v JB McCormick Electrical Contractors Thompsons Clyde & Co (Scotland) LLP 

By Order

 

COS/PD148-22 Stephen Edwards v Lothian NHS Board Lindsays LLP NHS Scotland Central Legal Office 

 


 

LORD ERICHT – D Facchini, Clerk

 

Court 8 - Parliament House

 

Friday 25th November

 

By Order

 

P860/22 Pet:  Sylvia Borst for Judicial Review Balfour + Manson LLP  

By Order

 

COS/PD2-21 John Goddard v Shetland Diving Services LtdThompsons Kennedys Scotland  

Starred Motion

 

COS/PD265-21 Florentina Dinca &c v Ageas Insurance Ltd Digby Brown LLP DAC Beachcroft Scotland LLP 

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 12 - Parliament House

 

Friday 25th November

 

Pre-Proof Hearing

at 9.30am

 

F18/22 Lynsey Bertram v Duncan Bertram Brodies LLP Blackadders LLP 

 


 

LORD HARROWER – S Alexander, Clerk

 

Court 7 - Parliament House

 

Friday 25th November

 

Procedural Hearing

between 9.30am and 10.00am

 

CA55/22 Peter Reynolds &c v Hampton Legal LtdLefevres DWF LLP  

 

 

LORD WEIR – E Brown/D Swords, Clerk

 

Court TBC - Parliament House

 

Friday 25th November

 

Case Management Hearings

at 9.00am

 

P305/22 Pet:  Hugh Campbell for Interdict Thompsons CMS  
P657/22 Pet:  Hugh Campbell for Interdict and ad interimThompsons CMS  

Continued By Order

at 9.00am

 

GP1/22 Colin McEachran v James Finlay (Kenya) LtdThompsons CMS  

 


 

LORD BRAID – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Friday 25th November

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA121/21 Fairlie Boifuels Ltd v Locogen Consulting Ltd DAC Beachcroft Scotland LLP Anderson Strathern LLP 

 

_______________

 

INNER HOUSE ROLLS

 

EXTRA DIVISION

 

Friday 25th November

 

Procedural Hearing

 

XA42/22 Mina Chowdhury for appeal against the decision of the Medical Practitioners Tribunal ServiceBTO Solicitors LLPAnderson Strathern LLP  

 

 

_________________