Friday 25^th November 2022

 

Issue No. 45

 

 

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 1st 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 2nd 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

 

 

With effect from 01 April 2022, as advised in the article dated 30^th 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.

 

 

 

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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

 

Friday 25^th 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

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Friday 25^th November

 

 

 

 

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OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 23^rd 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 18^th 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

 

 

 

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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 BRAILSFORD – L Cranston, Clerk

 

Court 4 - Parliament House

 

Monday 28^th November

 

Starred Motion

at 9.00am

 

F33/21 Ian Hodge v Rachel Hodge

Millard Law

Thorley Stephenson

 

Tuesday 29^th 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 29^th 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 29^th 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 29^th 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

 

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INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Tuesday 29^th 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 29^th November

 

By Order

 

P23/20 Reclaiming Motion (Lady Wise) Pet:  Andrew Brown for Judicial Review

Drummond Miller LLP

SGLD

 

 

 

EXTRA DIVISION

 

Tuesday 29^th November

 

Summar Roll

at 10.30am

 

P804/22 Pet:  Matthew McKimmie for application of Trusts under section 1

Turcan Connell

 

 

 

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