Wednesday 28th December 2022
Issue No. 66
C O N T E N T S
| Notices |
|---|
| Fixing Notice |
| Calling List |
| Walling List |
| Notice |
| Inner House Rolls |
N O T I C E
Motions etc. intimated and enrolled by email in accordance with Parts 2 and 4 of Chapter 23 of the Rules of the Court of Session 1994
Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays
| Intimation Date | Opposition Date | Motion Lodged Date |
|---|
| 20/12/22 | 22/12/22 | 23/12/22 |
| 21/12/22 | 23/12/22 | 28/12/22 |
| 22/12/22 | 28/12/22 | 29/12/22 |
| 23/12/22 | 29/12/22 | 30/12/22 |
| 28/12/22 | 30/12/22 | 04/01/23 |
| 29/12/22 | 04/01/23 | 05/01/23 |
| 30/12/22 | 05/01/23 | 06/01/23 |
| Intimation, opposition and enrolment dates to return to normal thereafter |
**PLEASE NOTE THAT MOTIONS WILL NOT BE ACCEPTED AFTER 09:30AM ON FRIDAY 23 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
| Date motion enrolled | Can be opposed until 12.30pm on… | Date opposed motion dealt with |
|---|
| 22/12/22 | 23/12/22 | 28/12/22* |
| 23/12/22 | 28/12/22 | 04/01/23 |
| 28/12/22 | 29/12/22 | 04/01/23 |
| 29/12/22 | 30/12/22 | 04/01/23 |
| 30/12/22 | 04/01/23 | 10/01/23** |
| 04/01/23 | 05/01/23 | 10/01/23** |
| 05/01/23 | Normal Service Resumes |
| 06/01/23 |
**PLEASE NOTE THAT MOTIONS WILL NOT BE ACCEPTED AFTER 12:30PM ON FRIDAY 23 DECEMBER 2022 DUE TO A COURT PUBLIC HOLIDAY **
Normal Service Resumes Thereafter
Please Note:
The vacation courts on 28 December 2022 and 4 January 2023 should be for urgent business only.
* If the motion is opposed you will be contacted by the Vacation Clerk during the period of vacation. If the motion is not opposed it will be processed within the standard timescales.
** If the motion is opposed you will be contacted by the Keeper’s Office to arrange the opposed motion hearing date as per current practice.
Cases lodged for Calling
| Cases Lodged for Calling | Case Calls |
|---|
| Up until 12:30pm on Friday 23/12/22 | Wednesday 28/12/2022 |
| Up until 12:30pm on Wednesday 28/12/2022 | Friday 30/12/2022 |
| After 12:30pm on Wednesday 28/12/2022 - up until 12:30pm Friday 30/12/2022 | Wednesday 04/01/2023 |
| After 12:30pm on Friday 30/12/2022 | Thursday 05/01/2023 |
| Up until 12:30pm on Wednesday 04/01/2023 | Friday 06/01/2023 |
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 – 1st August 2023
Personal Injury Proofs requiring more than 4 days - 29th August 2023
Ordinary Action Proofs requiring more than 4 days - 28th February 2023
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COURT OF SESSION
CALLING LIST
Wednesday 28th December
| 1 | CA91/22 Ashtenne Caledonia Ltd v Acorn Express Logistics Ltd | Brodies LLP |
| 2 | PD501/22 Chloe Johnstone v Co-op Insurance Services Ltd | Digby Brown LLP |
| 3 | PD534/22 James Smith v Hall Russell Ltd | Digby Brown LLP |
| 4 | PD496/22 Michael Doherty v Co-op Insurance Services Ltd | Digby Brown LLP |
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COURT OF SESSION
WALLING LIST
Wednesday 28th December
| 1 | Petition | Hassan Ghazal for Judicial review of failure to provide timescale for deciding the petitioner’s asylum claim | Drummond Miller LLP (for Latta & Co, Glasgow) |
| 2 | Petition | Tahir Mahmood for Judicial Review by the Secretary of State to refuse to recognise the Petitioner has made a fresh human rights claim | Drummond Miller LLP (for RH & Co, Glasgow) |
| 3 | Petition | Jameela Ashraf for Judicial Review of a decision of the Secretary of State for the Home Department to refuse to grant the Petitioner a visa to visit the UK | Drummond Miller LLP (for RH & Co, Glasgow) |
| 4 | Petition | Harunur Rashid for Judicial review of the Upper Tribunal’s refusal of permission to appeal from the First-tier Tribunal to the Upper Tribunal notified 3 October 2022 | Drummond Miller LLP |
| 5 | Petition | Peter Ralph Averbuch, Dickins Edinburgh Ltd, Reserve Travel Ltd and Edinburgh SC (Self Catering) Ltd for Judicial Review of The City of Edinburgh Council Short Term Lets Licensing Policy | Gilson Gray LLP |
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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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INNER HOUSE ROLLS
EXTRA DIVISION
Friday 30th December
Single Bill
At 10.30am
| CA87/22 Capita Business Services Ltd v The Common Services Agency for the Scottish Health Service | Addleshaw Goddard | CMS | |
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