SCTSPRINT3

Thursday 17th November 2022

 

Issue No. 39

 

 

C O N T E N T S

 

 

 
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 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 - 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

 

 

 

______________

 

 

 

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

 

 

_________________

 

 

 

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

 

 

_________________

 

 

 

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

 

 

LORD TURNBULL – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Tuesday 22nd November

 

Proof (4 days)

 

A72/18 Andrew Craig-Wood v Bristow Helicopters LtdBalfour + 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 GrantBrodies LLP Balfour + Manson LLP  

Starred Motion

 

COS/F71-22 Louise Whyte v Murray Whyte BTO Solicitors LLPBlackadders 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 CouncilDrummond Miller LLP Plexus Law  

Oral Hearing

 

P802/22 Pet:  NTSP for Judicial ReviewDrummond 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 & MacKenzieDLA 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 SVHarper MacLeod   
AD15/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re SKHarper MacLeod   
AD16/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re STHarper MacLeod   
AD17/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re SSHarper MacLeod   
AD18/22 MJB for an Adoption Order under section 30 of the Adoption and Children (Scotland) Act 2007 re SSHarper 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 BoardLevy & McRae NHS Scotland Central Legal Office 

 

Thursday 24th November

 

Starred Motion

 

P100/22 Pet:  Alpha Panareti Public Ltd for Registration of a JudgementTLT 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) LtdKennedys 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 LtdLefevres 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 interimThompsons CMS  

Continued By Order

at 9.00am

 

GP1/22 Colin McEachran v James Finlay (Kenya) LtdThompsons 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 LLPClyde & 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 CouncilPlexus 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 LtdThompsons 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 

 

 

_________________

 

 

 

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 2007Harper 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 CommissionDrummond 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 ActParty Ledingham Chalmers LLP  

Single Bill

at 10.30am

 

XA39/22 Edwin McLaren for leave to appeal against a decision of the Scottish Legal Complaints CommissionParty 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 1986Curries Gilmour & CoTLT LLP BLM Solicitors

 


 

Friday 25th November

 

Procedural Hearing

 

XA42/22 Mina Chowdhury for appeal against the decision of the Medical Practitioners Tribunal ServiceBTO Solicitors LLPAnderson Strathern LLP  

 

 

_________________