Tuesday 17th January 2022
Issue No. 78
C O N T E N T S
| Notice |
|---|
| Fixing Notice |
| Calling List |
| Walling List |
| Notice |
| Outer House Rolls |
COURT OF SESSION
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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F I X I N G 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 – 22nd August 2023
Personal Injury Proofs requiring more than 4 days - 29th August 2023
Ordinary Action Proofs requiring more than 4 days - 14th March 2023
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COURT OF SESSION
CALLING LIST
Tuesday 17th January
| 1 | PD565/22 Alex Finnigan &c v NHS Lanarkshire &c | Thompsons |
| 2 | CA114/22 Auchinbee Care Ltd v North Lanarkshire Council | MacRoberts LLP |
| 3 | PD492/22 DBJX v The Managers of St Ninians | Digby Brown LLP |
| 4 | CA111/22 Energiekontor UK Ltd v Donald McArthur &c | Harper Macleod LLP |
| 5 | PD515/22 James Miller v Algo Blairgowrie Ltd &c | Digby Brown LLP |
| 6 | PD568/22 Louise Cunningham &c v NHS Greater Glasgow & Clyde Health Board | Thompsons |
| 7 | A285/22 Peter Gasper v Tain & Fearns Medical Practice &c | Slater & Gordon Lawyers |
| 7 | A7/22 E4D&G Project Co Ltd v Unincorporated Joint Venture Ltd &c | MacRoberts LLP |
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COURT OF SESSION
WALLING LIST
Tuesday 17th January
| 1 | Petition | Jordan McCormick, presently a prisoner at HMP Glenochil, King O Muir Road, Tullibody, Clackmannanshire, FK10 3AD for Judicial review of the continuing failure by the Scottish Ministers and Clackmannanshire Council to assess him | Drummond Miller LLP |
| 2 | Petition | Amir Amiri for Judicial review of failure to provide timescale for deciding the petitioner’s asylum claim | Drummond Miller LLP (for Katani & Co Solicitors, Glasgow) |
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OUTER HOUSE ROLLS
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
LADY CARMICHAEL – N Marchant, Clerk
Court 11 - Parliament House
Thursday 19th January
By Orders
at 9.00am
| AD19/22 Application for a Permanence Order under Section 80 of the Adoption Children (Scotland) Act 2007 re: CGRG | Morton Fraser LLP | TC Young LLP | Drummond Miller LLP |
| AD20/22 Application for a Permanence Order under Section 80 of the Adoption Children (Scotland) Act 2007 re: SEG | Morton Fraser LLP | TC Young LLP | Drummond Miller LLP |
| AD21/22 Application for a Permanence Order under Section 80 of the Adoption Children (Scotland) Act 2007 re: ASG | Morton Fraser LLP | TC Young LLP | Drummond Miller LLP |
By Order
at 9.30am
| P538/22 Pet: Nils Kemmerling to enforce a Part One Order | Balfour + Manson LLP | Gibson Kerr Law & Property | |
LORD ARTHURSON – C Munn, Clerk
Thursday 19th January
Continued Starred Motion
At 9.00am
| COS-F71/22 Louise Whyte v Murray Whyte | BTO Solicitors LLP | Gilson Gray LLP | |
LORD HARROWER – S Alexander, Clerk
Court 6 - Parliament House
Thursday 19th January
By Order
| A415/19 Archibald McArthur &c v Central Sabha &c | BLM | Pinsent Masons LLP | Horwich Farrelly Scotland |
| | BTO Solicitors LLP | DWF LLP | |
By Order
| COS/PD419-20 Thomas O’Donnell v Scott Miller &c | Jones Whyte | Horwich Farrelly Scotland | |
LORD SANDISON – D Facchini, Clerk
Court 8 - Parliament House
Thursday 19th January
Judicial Review - Substantive Hearing
| P576/22 Pet: Abdulfattah Chamoune for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
LORD RICHARDSON – C Scott, Clerk
Court 12 - Parliament House
Thursday 19th January
Procedural Hearings
between 9.00am and 9.30am
| CA117/20 Donald MacDonald &c v Roderick MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
| CA4/21 Donald MacDonald &c v Roderick MacDonald aka Ruaridh MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
| CA5/21 Donald MacDonald &c v Roderick MacDonald aka Ruaridh MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
By Order
In terms of Rule of Court 43.6(3)
| COS/PD377-22 Sarah Lauchlan &c v The Chief Constable of Police Scotland | Allan McDougall | Morton Fraser LLP | |
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