SCTSPRINT3

Tuesday 5th July 2022

 

Issue No. 196

 

 

C O N T E N T S

 

 

 
 
Notice
Fixing Notice
Calling List
Walling List
Notice
Outer House Rolls
Inner House Rolls

 

 

 

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.

 

 

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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 – 14th February 2023

Personal Injury Proofs requiring more than 4 days - 30th May 2023

Ordinary Action Proofs requiring more than 4 days – 30th August 2022

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Tuesday 5th July

 

1 COS/PD163-22 Alexander Thain v North Star Shipping (Aberdeen) LtdDigby Brown LLP
2 COS/PD218-22 AW v The Daughters of Charity of St Vincent De PaulThompsons
3 COS/PD242-22 Gary Ballantyne v Highland Council Drummond Miller LLP
4 COS/PD232-22 Roland Oertel v Alessandro Verdigi &cThompsons

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Tuesday 5th July

 

1 Petition Emmanuel Obiazi for Judicial review of the Secretary of State for the Home Department’s decision of 5 April 2022 that the Petitioner was not entitled to indefinite leave to remain.Drummond Miller LLP
2 Petition Shakeel Azam and others for Judicial review of a decision of the Secretary of State for the Home Department that the petitioner has not made a fresh claim to remain in the United Kingdom in terms of paragraph 353 of the Immigration RulesDrummond Miller LLP

 

 

 

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 – H Groves, Clerk

Court 5 - Parliament House

 

Thursday 7th July

 

Case Management Hearing

at 9.30am

 

COS/F42-22 Phyllis McLeish v Alan McLeishFrazer Coogans Ltd Gilson Gray LLP  

 

 

 

LORD CLARK – L Cranston, Clerk

Court 7 - Parliament House

 

Thursday 7th July

 

By Order

Between 9.30am and 10.00am

 

CA23/22 Privilege PHA Ltd v Italian Servest AMK Ltd MacRoberts LLP DAC Beachcroft Scotland LLP 

Continued Proof

 

CA53/20 Christopher Moran Holdings Ltd v Roderick ScarboroughBrodies LLP Rradar (Scotland) Ltd  

 

 

 

LADY CARMICHAEL – N Marchant, Clerk

Court 11 - Parliament House

 

Thursday 7th July

 

Starred Motion

 

A340/21 Tom Welo &c v Gordon Mitchell (Contractors) Ltd Brodies LLPLedingham Chalmers LLP 

 

 

 

LORD HARROWER – S Alexander, Clerk

Court 6 - Parliament House

 

Thursday 7th July

 

Procedural Hearing

between 9.30am and 10.00am

 

CA88/21 Edward MacKay Contractor Ltd v WOW Heavy Haulage LtdDAC Beachcroft Scotland LLP Brodies LLP  

 

 

 

LORD RICHARDSON – C Munn, Clerk

Court 12 - Parliament House

 

Thursday 7th July

 

Starred Motion

 

A214/20 William Gray v Stephen McCallion &cHarper MacLeod LLPBrodies LLP 

By Order

 

A242/20 Michael Wilson v Graeme W Cheyne (Builders) LtdDAC Beachcroft Scotland LLPBeveridge & Kellas 

By Order

 

COS/PD254-21 Mary Henry &c v Union Insulation Co Ltd &cThompsons Clyde & Co (Scotland) LLP 

 

 

 

TO BE ALLOCATED

 

 

Thursday 7th July

 

By Order

 

A181/17 Kenneth MacKay &c v Euan Fraser &cLindsays LLP Turcan Connell 

 

 

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INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Thursday 7th July

 

Summar Roll

 

CA3/21 Reclaiming Motion (Lady Wolffe) Keiron Paterson v Angelline (Scotland) LtdBlackadders LLP Morton Fraser LLP  

 

 

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