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 | |
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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.
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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.
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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 – 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
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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 |
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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
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 JC | Brodies 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 Romanelli | Party | 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 LLP | Russel & Aitken LLP | |
Thursday 28th 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 | |
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 & Co | Balfour + 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 Ltd | Stronachs | 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 LLP | CMS | |
Proof Before Answer (day 2)
| CA109/21 Christopher Frizell v Martin Aitken Financial Services Ltd | Stronachs | DWF LLP | |
LADY CARMICHAEL – N Marchant, Clerk
Tuesday 26th April
Proof (16 days)
| A212/19 Craig Walker v Inner Duncan &c | Thorntons 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 LLP | TLT 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 Ltd | Gilson Gray LLP | CMS | |
Preliminary Proof (4 days)
| CA85/21 Oil States Industries (UK) Ltd v Space Solutions | Brodies LLP | DAC Beachcroft Scotland LLP | Kennedys 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 LLP | Pollock & McLean | |
By Order
between 9.30am and 10.00am
| CA103/21 Maureen Taylor v South Lanarkshire Council | DAC Beachcroft Scotland LLP | Leddingham 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 LLP | Party | |
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 &c | Anderson Strathern LLP | BTO Solicitors LLP | |
Proof (8 days)
| PD95/20 Richard Stewart v Euan Hendry | Digby Brown LLP | DWF LLP | |
Proof (3 days)
| A300/19 City Property Glasgow v Arnold Clark Automobiles | Harper MacLeod LLP | DAC 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 Strategy | Thompsons | Clyde & Co (Scotland) LLP | |
Wednesday 27th April
Procedural Hearing
| A292/18 Shona Foreman v Forth Valley Health Board | DAC Beachcroft Scotland LLP | NHS Scotland Central Legal Office | |
Procedural Hearing
| A384/19 Pamela Shankland v Greater Glasgow & Clyde Health Board | Jones Whyte Law | NHS Scotland Central Legal Office | |
By Order Adjustment
| A172/19 Myra Boyle v Lanarkshire Health Board | Drummond 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 & Ors | Digby Brown LLP | Anderson Strathern LLP | |
By Order
| PD194/20 Steven Cargill v Nicol & Andrew (MSPE) Ltd | Digby Brown LLP | DWF LLP | |
By Order
| A149/21 Morag McMilan v Grampian Health Board | Lindsays LLP | NHS Scotland Central Legal Office | |
Thursday 28th April
Substantive Hearing
| P1015/21 Sean Elliot for Judicial Review | A&W Urquhart | Clyde & Co (Scotland) LLP | |
Substantive Hearing
| P927/21 Pet: Munshi Shinwari for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
Case Management Hearing
| A47/18 Timothy Lea v Bristow Helicopters Ltd | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | |
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 | |
Friday 29th April
Substantive Hearing
| P898/21 Pet: Hoang Phan for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
Procedural Hearing
| A647/15 Kaur Gurjit v Greater Glasgow & Clyde NHS Board | Waterman’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 Ltd | Digby Brown LLP | BLM | |
By Orders
| A176/20 Keir McCormack v Scott McKinnon &c | Harper MacLeod LLP | Blacklocks | Brodies LLP |
| A177/20 Keir McCormack v Scott McKinnon &c | Harper 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 Office | Brodies 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 & Co | Party | |
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 | |