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.
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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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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 | |
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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 | |
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 &c | Anderson Strathern LLP | BTO 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 LLP | Kennedys Scotland |
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 |
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 Strategy | Thompsons | 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 Ltd | Burness Paull LLP | Brodies LLP | |