Tuesday 26^th April 2022

 

Issue No. 149

 

 

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 2^nd May 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 3^rd May 2022 must be enrolled no later than 4.00pm on Thursday 28^th April 2022 and may be opposed until 12:30pm on Friday 29^th April 2022.

 

Motions for Wednesday 4^th May must be enrolled no later than 4.00pm on Friday 29^th April 2022 and may be opposed until 12:30pm on Tuesday 3^rd May 2022.

 

Opposition and enrolment dates return to normal thereafter.

 

 

Cases lodged for calling:

 

Cases lodged for calling up to 12:30pm on Friday 29^th April 2022 will call on Tuesday 3^rd May 2022.

 

Cases lodged for calling after 12:30pm on Friday 29^th April 2022 and until 4.00pm that day, will call on Wednesday 4^th May 2022.

 

Cases lodged for calling up to 12:30pm on Tuesday 3^rd May 2022 will call on Thursday 5^th May 2022.

 

Normal service will resume thereafter.

 

 

The CMT Office will be closed due to a Public Holiday on Monday 2^nd May 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 - 22^nd November 2022

Personal Injury Proofs requiring more than 4 days - 7^th February 2023

Ordinary Action Proofs requiring more than 4 days - 14^th June 2022

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Tuesday 26^th April

 

1	CA32/22 Earls Gate Energy Centre Ltd v CNIM (Earls Gate) Ltd	Pinsent Masons LLP
2	A90/21 Greater Glasgow Health Board v Multiplex Construction Europe Ltd	MacRoberts LLP
3	A58/22 Moyra Johnston v AXA Insurance UK Plc	Thompsons
4	A79/21 Lothian Health Board v Mott MacDonald Ltd	MacRoberts LLP
5	A37/22 Amie McCann v Harper Macleod LLP	Digby Brown LLP
6	A26/22 Sky UK Ltd v David Crosbie	Burness Paull LLP
7	A325/21 Elizabeth Steven v Johnson & Johnson Medical Ltd	Thompsons
8	A45/22 Stewart Wilson v J Chandler & Company (Buckfast) Ltd	Harper Macleod LLP
9	COS/PD74-22 George Houston v TBAC Ltd &c	Digby Brown LLP
10	COS/PD135-22 Kevin Hirons v Pauline Glautier	Digby Brown LLP
11	COS/PD126-22 Margaret Williamson (née Forsyth) v Congregation of the Sisters of Nazareth &c	Digby Brown LLP
12	COS/PD113-22 Pauline Campbell &c v Forth Valley Health Board	Slater & Gordon Scotland Ltd
13	COS/PD139-22 Steven Reid v Lee MacDonald	Digby Brown LLP
14	COS/PD144-22 Thomasina Mackie &c v Crudens (Milton Keynes) Ltd	Thompsons

 

 

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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 DOHERTY - TBC, Clerk

 

Thursday 28^th April

 

Oral Hearing

at 9.30am

 

P291/22 Pet:  Craig Day for Judicial Review

Drummond Miller LLP

Anderson Strathern LLP

 

 

LORD BRAILSFORD – N Marchant, Clerk

 

Thursday 28^th April

 

By Orders

at 9.00am

 

AD4/22 Pet:  Edinburgh City Council for a Permanence Order re:  LK	Anderson Strathern LLP	Thorley Stephenson
AD5/22 Pet:  Edinburgh City Council for a Permanence Order re:  AK	Anderson Strathern LLP	Thorley Stephenson

Starred Motion

at 9.30am

 

F14/22 Claire Gallagher v Philip Gallagher

BTO Solicitors LLP

Harper MacLeod LLP

 

 

LADY WISE – H Groves, Clerk

 

Thursday 28^th April

 

By Order

In terms of Rule of Court 43.6(3)

 

PD281/20 Graham Thomson v Norman Burns

Digby Brown LLP

DAC Beachcroft Scotland LLP

By Order

 

PD244/19 Tyla Wascoe &c v Carron Allan &c

Harper MacLeod LLP

DAC Beachcroft Scotland LLP

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Thursday 28^th April

 

Case Management Hearing

at 9.30am

 

F13/22 Harris Papachristopoulos v Beverley Bruce

Gilson Gray LLP

Turcan Connell

Substantive Hearing

 

P1015/21 Sean Elliot for Judicial Review

A & W M Urquhart

Clyde & Co (Scotland) LLP

Case Management Hearing

 

A47/18 Timothy Lea v Bristow Helicopters Ltd

Balfour + Manson LLP

Clyde & Co (Scotland) LLP

 

 

LORD BRAID – L Cranston, Clerk

 

Thursday 28^th April

 

By Order

between 9.00am and 9.30am

 

CA42/21 Dragados UK Ltd v DC Eikefet Aggregates AS

CMS

DAC Beachcroft Scotland LLP

 

 

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INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Thursday 28^th April

 

Procedural Hearing

 

A448/16 Reclaiming Motion (Lord Uist) Carolyn Almond-Roots v Muftah Eljamel &c

Thompsons

MDDUS

NHS Scotland Central Legal Office

 

 

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