SCTSPRINT3

Thursday 21st April 2022

 

Issue No. 146

 

 

C O N T E N T S

 

 

Erratum
Notices
Fixing Notice
Walling List
Notice
Outer House Rolls
Inner House Rolls

 

 


E R R A T U M

 

 

Please note that the undernoted entry should have appeared for calling on Issue No. 145 of the Rolls of Court published on Wednesday 20th April 2022

 

 

1 COS/PD116-22 Margaret MacPhee &c v The Advocate General for Scotland for and on behalf of the Secretary of State for Business, Energy and Industrial Strategy &c 

 

 

_________________

 

 


N O T I C E

 

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff

Appeal Court Rules Amendment) (Miscellaneous) 2022

 

This Act of Sederunt amends the Rules of the Court of Session 1994 as a consequence of the enactment of the Economic Crime (Transparency and Enforcement) Act 2022 (c.10). That Act amends the Proceeds of Crime Act 2002 (c.29) to insert sections 396DA and 396DB which make provision concerning the period for which an interim freezing order has effect. 

 

This Act of Sederunt also makes court rule amendments to the Sheriff Appeal Court Rules 2021 and 2015 to correct a cross-referencing error in those Rules.

 

This Act of Sederunt comes into force on 19th May 2022. 

 

 

_________________

 

 


N O T I C E

 

 

Please note the Offices of the Court of Session will be closed for a public holiday on Monday 2nd 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 3rd May 2022 must be enrolled no later than 4.00pm on Thursday 28th April 2022 and may be opposed until 12:30pm on Friday 29th April 2022.

 

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

 

Opposition and enrolment dates return to normal thereafter.

 

 

Cases lodged for calling:

 

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

 

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

 

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

 

Normal service will resume 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 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.

 

 

 

_________________

 

 

 


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 – 22nd November 2022

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

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

 

 

 

_________________

 

 


COURT OF SESSION

 

 

WALLING LIST

 

Thursday 21st April

 

1 Petition William Lauchlan for Judicial Review of the actions of prison officers in relation to his correspondence Drummond Miller LLP
2 Petition The Nursing and Midwifery Council for an extension of the period of an Interim Conditions of Practice Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 10 months to 26 March 2023. 
3 Petition The Nursing and Midwifery Council for an extension of the period of an Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 12 months to 29 May 2023. 
4 Petition The Nursing and Midwifery Council for an extension of the period of an Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 9 months to 25 February 2023. 
5 Petition Maria Neto for Judicial Review of a decision of the Secretary of State for the Home Department to refuse to grant the Petitioner permission to work.Drummond Miller LLP as agents for A J Bradley & Co Solicitors, Glasgow
6 Petition Lucrecia Kaombo Mupahua for Judicial Review of decision by the Upper Tribunal (Immigration and Asylum Chamber) dated 2nd February 2022 rejecting an application by the petitioner for permission to appeal against a decision of the First Tier Tribunal (Immigration and Asylum Chamber) dated 8th August 2021.Drummond Miller LLP as agents for Gray & Co Solicitors Glasgow
7 Petition Paramjit Singh 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 as agents for RH & Co Solicitors, Glasgow

 

 

_________________

 

 


 

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.

 

 

_________________

 

 

 


 

OUTER HOUSE ROLLS

 

 

LADY WISE – H Groves, Clerk

 

Tuesday 26th April

 

Continued Proof (4 days)

 

A76/15 Sarah Duncan v Grampian Health Board Balfour + Manson LLP NHS Scotland Central Legal Office 

 

 

 

LORD BRAILSFORD – N Marchant, Clerk

 

Monday 25th April

 

By Order

at 9.00am

 

AD3/22 Pet:  Argyll and Bute Council for a Permanence Order re JCBrodies LLP   

 

Tuesday 26th April

 

Pre-Proof Hearing

at 9.00am

 

F10/21 Stephanie Prabaharan v Robert Gavin Lisa Rae & Co Gibson Kerr Law 

Procedure Roll

 

F84/20 Juanita Plo v Allesandro RomanelliParty Millard Law  

 

Wednesday 27th April

 

By Order

at 9.00am

 

P17/22 Pet:  HS for orders re Child Abduction Family Law Matters Drummond Miller LLP  

Continued Starred Motion

at 9.15am

 

A244/21 W&S Frew &c v Jack Frew Davidson Chalmers Stewart LLPRussel & Aitken LLP  

 

 

Thursday 28th April

 

By Orders

at 9.00am

 

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

Starred Motion

at 9.30am

 

F14/22 Claire Gallagher v Philip Gallagher BTO Solicitors LLPHarper MacLeod LLP  

 

Friday 29th April

 

By Order

at 9.00am

 

AD2/22 Pet:  Application for an Adoption Order re AMC SKO Family Law  

 

 

LORD CLARK – L Cranston, Clerk

 

Wednesday 27th April

 

Oral Hearing

between 9.30am and 10.00am

 

P968/21 Pet:  Asongacha Leke for Judicial Review Drummond Miller LLP Office of the Advocate General 

 

Thursday 28th April

 

Continued Procedural Hearing

between 9.30am and 10.00am

 

CA106/19 Jet Logic Ltd v The Private Jet Boutique Ltd &c Aberdein Considine & CoBalfour + Manson LLP  

 

 

LORD ERICHT – D Facchini, Clerk

 

Tuesday 26th April

 

Hearing on Petition and Answers

between 10.00am and 1.00pm

 

P158/22 Pet:  BMO Managed Portfolio Trust for Confirmation of the reduction of its share premium account Gilson Gray LLP   

 

Wednesday 27th April

 

Continued Procedural Hearing

between 9.00am and 10.00am

 

A207/21 Novamedia B.V. &c v Super Marketing Worldwide Ltd Thorntons Law LLP Burness Paull LLP 

Proof Before Answer (day 1)

 

CA109/21 Christopher Frizell v Martin Aitken Financial Services LtdStronachs DWF LLP  

 

Friday 29th April

 

Continued Procedural Hearing

between 9.00am and 10.00am

 

CA43/21 SRB Civil Engineering UK Ltd v Ramboll UK Ltd BTO Solicitors LLPCMS  

Proof Before Answer (day 2)

 

CA109/21 Christopher Frizell v Martin Aitken Financial Services LtdStronachs DWF LLP  

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Tuesday 26th April

 

Proof (16 days)

 

A212/19 Craig Walker v Inner Duncan &cThorntons Law LLP MDDUS NHS Scotland Central Legal Office

By Order

 

F22/19 Lee Kelly v Marc McCabe Balfour + Manson LLP Thorley Stephenson 

 

Wednesday 27th April

 

Case Management Hearing

at 9.00am

 

F11/22 Danielle MacGregor v Roderick MacGregor Gilson Gray LLP Harper MacLeod LLP 

 

Thursday 28th April

 

Case Management Hearing

at 9.30am

 

F13/22 Harris Papachristopoulos v Beverley Bruce Gilson Gray LLP Turcan Connell 

 

Friday 29th April

 

By Order

at 9.30am

 

F60/20 William Coffey v Micaela Morgan Burness Paull LLPTLT LLP  

Starred Motion

at 11.00am

 

F9/22 Salaha Ahmad v Zulifqar Balfour + Manson LLP SKO Family Law 

 

 

LORD BRAID – L Cranston, Clerk

 

Tuesday 26th April

 

Continued Prelimary Hearing

between 9.00am and 9.30am

 

A341/21 Weekett Ltd v Smarter Applications LtdGilson Gray LLP CMS  

 

Preliminary Proof (4 days)

 

CA85/21 Oil States Industries (UK) Ltd v Space Solutions Brodies LLP DAC Beachcroft Scotland LLPKennedys Scotland

 

Wednesday 27th April

 

By Order

between 9.00am and 9.30am

 

CA11/22 The Firm of C&L Mair v Mike Dewis Farm Systems Ltd DAC Beachcroft Scotland LLPPollock & McLean  

By Order

between 9.30am and 10.00am

 

CA103/21 Maureen Taylor v South Lanarkshire Council DAC Beachcroft Scotland LLPLeddingham Chalmers LLP 

 

Thursday 28th April

 

By Order

between 9.00am and 9.30am

 

CA42/21 Dragados UK Ltd v DC Eikefet Aggregates AS CMS DAC Beachcroft Scotland LLP 

 

Friday 29th April

 

By Order

between 9.00am and 9.30am

 

A335/21 Sky Ltd &c v Scott Thomson &c Burness Paull LLPParty  

By Order

between 9.30am and 10.00am

 

CA18/21 Cour Ltd v Murray Beith Murray Shepherd & Wedderburn LLP BTO Solicitors LLP 

 

 

LADY HALDANE – H Groves, Clerk

 

Thursday 28th April

 

By Order

 

PD454/19 Avril Cruickshanks &c v Linda McWilliam Digby Brown LLP BTO Solicitors LLP 

 

 

TO BE ALLOCATED

 

Tuesday 26th April

 

Proof (8 days)

 

A78/19 James Nicholson v Margaret Angus &cAnderson Strathern LLPBTO Solicitors LLP  

Proof (8 days)

 

PD95/20 Richard Stewart v Euan HendryDigby Brown LLP DWF LLP 

Proof (3 days)

 

A300/19 City Property Glasgow v Arnold Clark Automobiles Harper MacLeod LLPDAC Beachcroft Scotland LLP  

 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD35-21 Alexander Breen v Secretary State for Business, Energy & Industrial StrategyThompsons Clyde & Co (Scotland) LLP 

 

Wednesday 27th April

 

Procedural Hearing

 

A292/18 Shona Foreman v Forth Valley Health BoardDAC Beachcroft Scotland LLP NHS Scotland Central Legal Office 

Procedural Hearing

 

A384/19 Pamela Shankland v Greater Glasgow & Clyde Health BoardJones Whyte Law NHS Scotland Central Legal Office 

By Order Adjustment

 

A172/19 Myra Boyle v Lanarkshire Health BoardDrummond Miller LLP NHS Scotland Central Legal Office 

By Order

In terms of Rule of Court 43.6(3)

 

PD383/20 Valerie Brown & Ors v Evelyn Skelton & OrsDigby Brown LLP Anderson Strathern LLP 

By Order

 

PD194/20 Steven Cargill v Nicol & Andrew (MSPE) LtdDigby Brown LLP DWF LLP  

By Order

 

A149/21 Morag McMilan v Grampian Health BoardLindsays LLP NHS Scotland Central Legal Office 

 

Thursday 28th April

 

Substantive Hearing

 

P1015/21 Sean Elliot for Judicial ReviewA&W Urquhart Clyde & Co (Scotland) LLP 

Substantive Hearing

 

P927/21 Pet:  Munshi Shinwari for Judicial ReviewDrummond Miller LLP Office of the Advocate General 

Case Management Hearing

 

A47/18 Timothy Lea v Bristow Helicopters LtdBalfour + Manson LLP Clyde & Co (Scotland) LLP 

By Order

In terms of Rule of Court 43.6(3)

 

PD281/20 Graham Thomson v Norman BurnsDigby Brown LLP DAC Beachcroft Scotland LLP 

By Order

 

PD244/19 Tyla Wascoe &c v Carron Allan &cHarper MacLeod LLP DAC Beachcroft Scotland LLP 

 

Friday 29th April

 

Substantive Hearing

 

P898/21 Pet:  Hoang Phan for Judicial ReviewDrummond Miller LLP Office of the Advocate General 

 

Procedural Hearing

 

A647/15 Kaur Gurjit v Greater Glasgow & Clyde NHS BoardWaterman’s Solicitors NHS Scotland Central Legal Office 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD27-21 Zbigniew Szpoper-Potocki v A&G King Timber LtdDigby Brown LLP BLM 

By Orders

 

A176/20 Keir McCormack v Scott McKinnon &cHarper MacLeod LLPBlacklocks Brodies LLP
A177/20 Keir McCormack v Scott McKinnon &cHarper MacLeod LLP Blacklocks Brodies LLP

 

INNER HOUSE ROLLS

 

 

SECOND DIVISION

 

Friday 29th April

 

Single Bill

at 10.30am

 

XA34/21 Joanne Kyle for leave to appeal against a decision of the Sheriff Appeal Court Civil Legal Assistance OfficeBrodies LLP  

 

 

EXTRA DIVISION

 

Tuesday 26th April

 

Procedural Hearing

 

CA100/21 Reclaiming Motion (Lord Ericht) Ventgrove Ltd v Kuehne + Nagel Ltd Burness Paull LLP Brodies LLP  

 

Wednesday 27th April

 

Procedural Hearing

 

XA70/21 Mark Pattinson v John Matheson Currie Gilmour & CoParty  

 

Thursday 28th April

 

Procedural Hearing

 

A448/16 Reclaiming Motion (Lord Uist) Carolyn Almond-Roots v Muftah Eljamel &c Thompsons MDDUS NHS Scotland Central Legal Office

 

Friday 29th April

 

By Order

 

P813/21 Pet:  Highland Law Practice for Judicial Factor Balfour + Manson LLP A & WM Urquhart