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Friday 22nd April 2022

 

Issue No. 147

 

 

C O N T E N T S

 

 

Notices
Fixing Notice
Outer House Rolls (Adjustment)
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 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

 

 

The CMT Office will be closed due to a Public Holiday on Monday 2nd May 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
27/04/22 29/04/22 03/05/22
28/04/22 03/05/22 04/05/22
29/04/22 04/05/22 05/05/22

 

 

Intimation, opposition and enrolment dates return to normal, 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

 

 

 

_________________

 

 

 


OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commences on Wednesday 20th April 2022 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 15th June 2022.

 

 

1 A43/22 PSGS Trust Corporation Limited v MacRoberts LLP CMS Cameron McKenna LLP BTO Solicitors LLP 
2 A75/22 Marian Piotr Graff v Grampian Health Board Balfour + Manson LLP NHS Scotland Central Legal Office Brodies LLP
3 A76/22 Claire Caie &c v NHS Grampian Thompsons NHS Scotland Central Legal Office 

 

 

_________________

 

 


 

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  

 


 

LORD CLARK – D Facchini, Clerk

 

Tuesday 26th April

 

Preliminary Hearing and Starred Motion

between 9.00am and 10.00am

 

CA23/22 Privilege PHA Ltd v Italian Servest AMK Ltd MacRoberts LLP DAC Beachcroft Scotland 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    

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Tuesday 26th April

 

Proof Before Answer (8 days)

 

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

By Order

 

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

 

 

LORD BRAID – D Facchini/L Cranston, Clerk

 

Monday 25th April

 

Starred Motion

 

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

 

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

 

 

TO BE ALLOCATED

 

Tuesday 26th April

 

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 

 


 

INNER HOUSE ROLLS

 

EXTRA DIVISION

 

Tuesday 26th April

 

Procedural Hearing

 

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