Wednesday 23^rd November 2022

 

Issue No. 43

 

 

C O N T E N T S

 

 

 

 

N O T I C E

 

 

Please note the Offices of the Court of Session will be closed for a public holiday on Monday 5^th 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 6^th December 2022 must be enrolled no later than 4.00pm on Thursday 1^st December 2022 and may be opposed until 12:30pm on Friday 2^nd December 2022.

 

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

 

Opposition and enrolment dates return to normal.  Thereafter.

 

 

Cases lodged for calling;

 

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

 

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

 

Cases lodged for calling up to 12:30pm on Tuesday 6^th December 2022 will call on Thursday 8^th 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 5^th December 2022.

 

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

 

 

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 ahead.  Can 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.

 

 

 

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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 - 27^th June 2023

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

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

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Wednesday 23^rd November

 

1

COS/PD488-22 Dacia Degen v Harvey McIntosh

Digby Brown LLP

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Wednesday 23^rd November

 

 

 

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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 TURNBULL – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Friday 25^th 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 25^th 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 Ltd

Thompsons

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 25^th 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 25^th November

 

Procedural Hearing

between 9.30am and 10.00am

 

CA55/22 Peter Reynolds &c v Hampton Legal Ltd

Lefevres

DWF LLP

 

 

LORD WEIR – E Brown/D Swords, Clerk

 

Court TBC - Parliament House

 

Friday 25^th 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 interim	Thompsons	CMS

Continued By Order

at 9.00am

 

GP1/22 Colin McEachran v James Finlay (Kenya) Ltd

Thompsons

CMS

 

 

LORD BRAID – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Friday 25^th 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

 

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INNER HOUSE ROLLS

 

EXTRA DIVISION

 

Friday 25^th November

 

Procedural Hearing

 

XA42/22 Mina Chowdhury for appeal against the decision of the Medical Practitioners Tribunal Service

BTO Solicitors LLP

Anderson Strathern LLP

 

 

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