Friday 25th November 2022
Issue No. 45
C O N T E N T S
Notices |
---|
Fixing Notice |
Calling List |
Walling List |
Outer House Rolls (Adjustment) |
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
With effect from 01 April 2022, as advised in the article dated 30th March 2022 posted on our Scottish Courts and Tribunals (SCTS) website, Robin Macpherson WS has been appointed Auditor of the Court of Session, All Scotland Personal Injury Court and Sheriff Appeal Court. Please see below link to our website for the full article on this appointment.
Auditor of the Court of Session Appointment (scotcourts.gov.uk)
Following this appointment of the Auditor and the change to feeing the account of expenses when lodged the court will now proceed with making a change to the feeing of cancellation fees and the fee fund dues.
With effect from Monday 05 December 2022, staff within the offices of the Court of Session, All Scotland Personal Injury Court and the Sheriff Appeal Court will begin feeing for the lodging of cancellation fees and the fee fund dues through the usual invoice system for paying fees.
Any additional/other fees charged by the Auditor will continue to be feed by the Office of the Auditor of the Court of Session by way of an invoice.
If you have any queries in relation to this matter please do not hesitate to contact Gillian Abbott the on the contact details below.
Many thanks,
Gillian Abbott, Office Manager, Court of Session
gabbott@scotcourts.gov.uk
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.
_______________
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
Friday 25th November
1 | A296/21 Multiplex Construction Europe Ltd v J&D Pierce (Contracts) Ltd | Brodies LLP |
2 | A299/21 Multiplex Construction Europe Ltd v Nightingale Architects Ltd | Brodies LLP |
3 | A300/21 Multiplex Construction Europe Ltd v WSP UK Ltd | Brodies LLP |
4 | A243/22 ARM Retail Ltd (in liq) &c v Zaib-Un-Nisa Saddiq | Brodies LLP |
5 | PD485/22 JF v South Lanarkshire Council | Jones Whyte |
_________________
COURT OF SESSION
WALLING LIST
Friday 25th November
1 | Note | Robert Dennistoun for leave to proceed with an action against Upper Clyde Shipbuilders Limited 86/27 | Digby Brown LLP |
_________________
OUTER HOUSE ROLLS
Adjustment in the undernoted cases commenced on Wednesday 23rd November 2022 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 18th January 2023.
1 | A273/22 Jason Mackay v The Chief Constable of Police Scotland | Slater & Gordon Scotland Ltd | Morton Fraser LLP | |
2 | A249/22 Duncan Macdonald v Greater Glasgow Health Board | Thompsons | NHS Scotland Central Legal Office | |
3 | A213/22 Caroline Samuel &c v Grampian Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
4 | A182/22 Aisha Shafi v Greater Glasgow Health Board | Anderson Strathern LLP | NHS Scotland Central Legal Office | |
_________________
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 BRAILSFORD – L Cranston, Clerk
Court 4 - Parliament House
Monday 28th November
Starred Motion
at 9.00am
F33/21 Ian Hodge v Rachel Hodge | Millard Law | Thorley Stephenson | |
Tuesday 29th November
Pre-Proof By Order
at 9.00am
AD1/22 Note: Variation to a permanence order re: West Lothian Council | Morton Fraser LLP | Drummond Miller LLP | |
LORD CLARK – C Munn, Clerk
Court 6 - Parliament House
Tuesday 29th November
Proof (4 days)
COS/PD482-20 Donald McGregor v British Airways Plc | Allan McDougall | BLM | |
LORD ERICHT – D Facchini, Clerk
Court 8 - Parliament House
Tuesday 29th November
Starred Motion
A179/18 Tyrone Haughey &c v Greater Glasgow Health Board &c | Anderson Strathern LLP | NHS Scotland Central Legal Office | The Medical and Dental Defence Union for Scotland |
Starred Motion
A303/20 George Gorman v NHS Greater Glasgow and Clyde Health Board | The Conway Accident Law Practice | NHS Scotland Central Legal Office | |
LORD BRAID – R Hamilton, Clerk
Court 7 - Parliament House
Tuesday 29th November
Pre-Proof Hearing
between 9.00am and 10.00am
CA12/22 Arnold Clark Automobiles Ltd v Keyline Civil Specialists Ltd | DAC Beachcroft Scotland LLP | DWF LLP | |
Debate
CA70/22 Lagan Construction Group Ltd &c v Scot Roads Partnership Project Ltd &c | Morton Fraser LLP | Burness Paull LLP | |
_______________
INNER HOUSE ROLLS
FIRST DIVISION
Tuesday 29th November
Summar Roll (2 days)
XA3/22 Giovanni Guidi against a decision of the Sheriff Principal of Edinburgh Sheriff Court | Addleshaw Goddard | Gilson Gray LLP | |
SECOND DIVISION
Tuesday 29th November
By Order
P23/20 Reclaiming Motion (Lady Wise) Pet: Andrew Brown for Judicial Review | Drummond Miller LLP | SGLD | |
EXTRA DIVISION
Tuesday 29th November
Summar Roll
at 10.30am
P804/22 Pet: Matthew McKimmie for application of Trusts under section 1 | Turcan Connell | | |
_________________