Thursday 17th November 2022
Issue No. 39
C O N T E N T S
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|---|
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| Notices |
| Fixing Notice |
| Calling List |
| Undefended Consistorial Causes |
| Decrees |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
N O T I C E
Please note the Offices of the Court of Session will be closed for a public holiday on Monday 5th 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;
Motions for Tuesday 6th December 2022 must be enrolled no later than 4.00pm on Thursday 1st December 2022 and may be opposed until 12:30pm on Friday 2nd December 2022.
Motions for Wednesday 7th December 2022 must be enrolled no later than 4.00pm on Friday 2nd December 2022 and may be opposed until 12:30pm on Tuesday 6th December 2022.
Opposition and enrolment dates return to normal. Thereafter.
Cases lodged for calling;
Cases lodged for calling up to 12:30pm on Friday 2nd December 2022 will call on Tuesday 6th December 2022.
Cases lodged for calling after 12:30pm on Friday 2nd December 2022 and until 4.00pm that day, will call on Wednesday 7th December 2022.
Cases lodged for calling up to 12:30pm on Tuesday 6th December 2022 will call on Thursday 8th December 2022.
Normal service will resume thereafter.
N O T I C E
The CMT Office will be closed due to a Public Holiday on Monday 5th December 2022.
Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays listed above.
| Intimation date | Opposition Date | Motion Lodged Date |
| 30/11/2022 | 02/12/2022 | 06/12/2022 |
| 01/02/2022 | 06/12/2022 | 07/12/2022 |
| 02/12/2022 | 07/12/2022 | 08/12/2022 |
| 06/12/2022 | 08/12/2022 | 09/12/2022 |
Intimation, opposition and enrolment dates return to normal, thereafter.
N O T I C E
With effect from 01 April 2022, as advised in the article dated 30th March 2022 posted on our Scottish Courts and Tribunals (SCTS) website, Robin Macpherson WS has been appointed Auditor of the Court of Session, All Scotland Personal Injury Court and Sheriff Appeal Court. Please see below link to our website for the full article on this appointment.
Auditor of the Court of Session Appointment (scotcourts.gov.uk)
Following this appointment of the Auditor and the change to feeing the account of expenses when lodged the court will now proceed with making a change to the feeing of cancellation fees and the fee fund dues.
With effect from Monday 05 December 2022, staff within the offices of the Court of Session, All Scotland Personal Injury Court and the Sheriff Appeal Court will begin feeing for the lodging of cancellation fees and the fee fund dues through the usual invoice system for paying fees.
Any additional/other fees charged by the Auditor will continue to be feed by the Office of the Auditor of the Court of Session by way of an invoice.
If you have any queries in relation to this matter please do not hesitate to contact Gillian Abbott the on the contact details below.
Many thanks,
Gillian Abbott, Office Manager, Court of Session
gabbott@scotcourts.gov.uk
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 - 20th June 2023
Personal Injury Proofs requiring more than 4 days – 15th August 2023
Ordinary Action Proofs requiring more than 4 days - 17th January 2023
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COURT OF SESSION
CALLING LIST
Thursday 17th November
| 1 | A278/21 Sir Robert Mcalpine Ltd v Gig Fassaden Gmbh | Shepherd & Wedderburn LLP |
| 2 | PD481/22 Fiona Lindsay v Scottish Power UK Plc | Balfour + Manson LLP |
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UNDEFENDED CONSISTORIAL CAUSES
Decree of Divorce was Granted on Wednesday 16th November 2022
| 1 | F80/20 Marjorie Gill v Brian Gill |
| 2 | F40/21 John Clark v Jacqueline Clark |
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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 TURNBULL – R Hamilton, Clerk
Court 12 - Parliament House
Tuesday 22nd November
Proof (4 days)
| A72/18 Andrew Craig-Wood v Bristow Helicopters Ltd | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | |
LORD BRAILSFORD – L Cranston, Clerk
Court 4 - Parliament House
Wednesday 23rd November
Pre-Proof Hearing and Starred Motion
at 9.00am
| F12/22 Stephanie Grant v George Grant | Brodies LLP | Balfour + Manson LLP | |
Starred Motion
| COS/F71-22 Louise Whyte v Murray Whyte | BTO Solicitors LLP | Blackadders LLP | |
Continued Proof (2 days)
at 11.00am
| F93/21 Barbara Lyburn v Graeme Lyburn | Lindsays LLP | Gillespie Macandrew LLP | |
LORD CLARK – C Munn, Clerk
Court 6 - Parliament House
Tuesday 22nd November
Proof (6 days)
| COS/PD154-21 Rachel Sutherland v Shetland Islands Council | Drummond Miller LLP | Plexus Law | |
Oral Hearing
| P802/22 Pet: NTSP for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
Wednesday 23rd November
By Order
between 9.00am and 9.30am
| A142/19 James McCaw v Greater Glasgow & Clyde Health Board | Friends Legal | NHS Scotland Central Legal Office | |
By Order
| A268/20 Vikki Wilson v Forth Valley Health Board | Slater & Gordon Lawyers | NHS Scotland Central Legal Office | |
Thursday 24th November
Procedural Hearing
between 9.00am and 9.30am
| CA117/20 Donald MacDonald &c v Roderick MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
| CA4/21 Donald MacDonald &c v Roderick MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
| CA5/21 Donald MacDonald &c v Roderick MacDonald | Balfour + Manson LLP | DAC Beachcroft Scotland LLP | |
LORD ERICHT – D Facchini, Clerk
Court 8 - Parliament House
Thursday 24th November
By Order
between 9.00am and 9.30am
| P384/21 Pet: Lakemanse Ltd for Interdict | Wright, Johnston & MacKenzie | DLA Piper Scotland LLP | |
Continued Procedural Hearing
between 9.30am and 10.00am
| CA54/18 Silverburn Trustee Ltd v Lendlease Construction (Europe) | Brodies LLP | Pinsent Masons LLP | |
LADY CARMICHAEL – N Marchant, Clerk
Court 12 - Parliament House
Thursday 24th November
By Orders
at 9.00am
| AD14/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re SV | Harper MacLeod | | |
| AD15/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re SK | Harper MacLeod | | |
| AD16/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re ST | Harper MacLeod | | |
| AD17/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re SS | Harper MacLeod | | |
| AD18/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re SS | Harper MacLeod | | |
In terms of Rule of Court 49, a proof has been allowed in the following action:
| COS/F67-22 Gwen Carr v Ibrahim Opebiyi | TC Young LLP | SKO Family Law Specialists | |
Friday 25th November
Pre-Proof Hearing
at 9.30am
| F18/22 Lynsey Bertram v Duncan Bertram | Brodies LLP | Blackadders LLP | |
LORD ARTHURSON – A Galloway, Clerk
Court 11 - Parliament House
Tuesday 22nd November
Continued Proof
| A291/19 Violet Paterson &c v Lanarkshire Health Board | Levy & McRae | NHS Scotland Central Legal Office | |
Thursday 24th November
Starred Motion
| P100/22 Pet: Alpha Panareti Public Ltd for Registration of a Judgement | TLT LLP | Lindsays LLP | |
LORD HARROWER – S Alexander, Clerk
Court 7 - Parliament House
Tuesday 22nd November
Starred Motion
between 9.00am and 9.30am
| A286/19 Michael Costello v Scott-Moncrieff &c | Brodies LLP | Clyde & Co (Scotland) LLP | |
Procedural Hearing
between 9.30am and 10.00am
| CA85/22 Sime Ltd v City Technical Services (UK) Ltd | Kennedys Scotland | Brodies LLP | |
Thursday 24th November
Judicial Review- Oral Hearing
between 9.00am and 9.30am
| P484/22 Pet: Hoang Huy Phan for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
Continued Debate
between 2.00pm and 4.00pm
| CA95/21 Ashtenne Caledonia Ltd v Mahmood Saleem | Brodies LLP | Harper MacLeod LLP | |
| CA96/21 Ashtenne Caledonia Ltd v Denny Enterprises International Ltd | Brodies LLP | Harper MacLeod LLP | |
| CA97/21 Ashtenne Caledonia Ltd v Denny Enterprises International Ltd | Brodies LLP | Harper MacLeod LLP | |
Friday 25th November
Procedural Hearing
between 9.30am and 10.00am
| CA55/22 Peter Reynolds &c v Hampton Legal Ltd | Lefevres | DWF LLP | |
LORD WEIR – E Brown/D Swords, Clerk
Court TBC - Parliament House
Friday 25th November
Case Management Hearings
at 9.00am
| P305/22 Pet: Hugh Campbell for Interdict | Thompsons | CMS | |
| P657/22 Pet: Hugh Campbell for Interdict and ad interim | Thompsons | CMS | |
Continued By Order
at 9.00am
| GP1/22 Colin McEachran v James Finlay (Kenya) Ltd | Thompsons | CMS | |
LORD BRAID – R Hamilton, Clerk
Court 12 - Parliament House
Wednesday 23rd November
By Order
between 10.00am and 12.00pm
| CA74/22 Elite Sports Group Ltd v The Rangers Football Club Ltd | Burness Paull LLP | Anderson Strathern LLP | |
Thursday 24th November
By Order
between 9.00am and 9.30am
| CA22/22 Consort Healthcare v Engie Services Ltd | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | |
Friday 25th November
Preliminary Hearing
between 9.00am and 9.30am
| CA121/21 Fairlie Boifuels Ltd v Locogen Consulting Ltd | DAC Beachcroft Scotland LLP | Anderson Strathern LLP | |
TO BE ALLOCATED
Wednesday 23rd November
Continued Judicial Review - Procedural Hearing
| P555/21 Pet: Danh Khac Nguyen for Judicial Review | Drummond Miller LLP | Ledingham Chalmers LLP | |
Procedural Hearing
| A165/20 Rosalind Callander v Natasha Usher &c | Balfour + Manson LLP | BTO Solicitors LLP | |
By Order Adjustment
| A278/20 O’Hare & McGovern Ltd v Alan Murray Architects Ltd &c | Anderson Strathern LLP | Clyde & Co (Scotland) LLP | BTO Solicitors LLP |
By Order Adjustment
| A149/21 Morag McMillan v Grampian Health Board | Lindsays LLP | NHS Scotland Central Legal Office | |
By Order
| A288/16 Fraser Hall v Peter Boyle &c | Kennedys Scotland | Aberdein Considine & Co | |
Thursday 24th November
Case Management Hearing
| A260/20 Carole Barker v Lothian Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order
| A289/16 Margaret Gallagher v Arthur Horsey &c | Kennedys Scotland | MBM Commercial LLP | |
By Order
| A61/20 Rona Gow &c v John Lamb | BTO Solicitors LLP | | |
By Order
| A86/22 Shield (Insurance Consultants) Ltd v Dundee City Council | Plexus Law | Clyde & Co (Scotland) LLP | |
Friday 25th November
By Order
| P860/22 Pet: Sylvia Borst for Judicial Review | Balfour + Manson LLP | | |
By Order
| COS/PD2-21 John Goddard v Shetland Diving Services Ltd | Thompsons | Kennedys Scotland | |
By Order
| COS/PD444-21 Michael Snowdon v JB McCormick Electrical Contractors | Thompsons | Clyde & Co (Scotland) LLP | |
By Order
| COS/PD148-22 Stephen Edwards v Lothian NHS Board | Lindsays LLP | NHS Scotland Central Legal Office | |
Starred Motion
| COS/PD265-21 Florentina Dinca &c v Ageas Insurance Ltd | Digby Brown LLP | DAC Beachcroft Scotland LLP | |
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INNER HOUSE ROLLS
SECOND DIVISION
Thursday 24th November
Inner House – By Order
at 9.45am
| P58/22 Pet: The Scottish Legal Complaints Commission re: section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007 | Harper MacLeod LLP | TC Young LLP | |
EXTRA DIVISION
Tuesday 22nd November
Single Bill
| XA38/22 James Stirling for leave to appeal against a decision of the Scottish Legal Complaints Commission | Drummond Miller LLP | Brodies LLP | Adrian Russo Solicitor |
Wednesday 23rd November
Procedural Hearing
| P578/21 Reclaiming Motion (Lord Clark) Pet: Robert Bartosik for orders und section 167 of Data Protection Act | Party | Ledingham Chalmers LLP | |
Single Bill
at 10.30am
| XA39/22 Edwin McLaren for leave to appeal against a decision of the Scottish Legal Complaints Commission | Party | Brodies LLP | |
Thursday 24th November
Procedural Hearing
| P922/21 Reclaiming Motion (Lord Clark) Pet: Note - West Larkin Ltd for orders in terms of the Insolvency Act 1986 | Curries Gilmour & Co | TLT LLP | BLM Solicitors |
Friday 25th November
Procedural Hearing
| XA42/22 Mina Chowdhury for appeal against the decision of the Medical Practitioners Tribunal Service | BTO Solicitors LLP | Anderson Strathern LLP | |
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