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Tuesday 3rd May 2022

 

Issue No. 153

 

 

C O N T E N T S

 

 

Notice
Fixing Notice
Calling List
Walling List
Notice
Outer House Rolls
Inner House Rolls

 


 

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.

 

 

 

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F I X I N G  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 – 6th December 2022

Personal Injury Proofs requiring more than 4 days - 7th February 2023

Ordinary Action Proofs requiring more than 4 days – 28th June 2022

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Tuesday 3rd May

 

1 CA46/21 Ian Cooke v Blackadders LLP MacRoberts LLP
2 F34/22 Bethanie Durrani v Omar Durrani DAC Beachcroft Scotland LLP
3 A63/22 June Weisz v Highland Health board Digby Brown LLP
4 COS-PD56/22 Angela Muir v Anna Hayes Slater & Gordon Lawyers
5 COS-PD157/22 Jodie Johnston v Fife Health BoardBalfour + Manson LLP
6 COS-F36/22 June McConnell v Coli McConnell DAC Beachcroft Scotland LLP

 

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Wednesday 3rd May

 

1 Petition The Nursing and Midwifery Council Purpose of the petition 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 8 June 2023N/A
2 Petition Kenneth Wood (AP) for Judicial Review of the ongoing delay and failure of NHS Greater Glasgow and Clyde Board to implement orders of the Mental Health Tribunal for ScotlandDrummond Miller LLP
3 Petition Kieran Adams (FE) for Judicial review of the continuing failure by the Scottish Ministers and Clackmannanshire Council to assess himDrummond Miller LLP
4 Petition Christopher Lang (FE) for Judicial review of a decision in relation to his transfer between prisons by the Scottish MinistersDrummond Miller LLP
5 Petition Mark Cornwell (FE) for Judicial review of the continuing failure by the Scottish Ministers and Clackmannanshire Council to assess himDrummond Miller LLP
6 Petition Frank O’Ceallaigh for Judicial review of the actions of the Scottish Ministers in interfering with his mailBalfour + Manson LLP
7 Petition The General Optical Council for Extension in terms of the Opticians Act 1989, section 13L(6) and (7), of an interim order in respect of Mary Elizabeth DochertyAnderson Strathern LLP
8 Petition Dumfries and Galloway Hosing Partnership Limited for an order for specific performance ordaining the respondent to fulfil the obligation incumbent upon him at common law to refrain from causing a nuisance to the Petitioners' Property Brodies LLP

 

 

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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 CLARK – L Cranston, Clerk

 

Court 7 – Parliament House

 

Thursday 5th May

 

Starred Motions

between 9.00am and 10.30am

 

CA15/20 Sportsdirect.com Retail Ltd v William Gow &c Brodies LLP Dentons UK and Middle East LLPBurness Paull LLP

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 – Parliament House

 

Thursday 5th May

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA21/22 Intu Braehead Ltd v SF Ops Ltd &c Anderson Strathern LLPCMS  

 

 


 

LADY CARMICHAEL– A Harkins, Clerk

 

Court 5 – Parliament House

 

Thursday 5th May

 

In terms of Rule of Court 49, a proof has been allowed in the following action:

 

F51/21 David Hogg v Megan Hogg Balfour + Manson LLPDrummond Miller LLP  

 

 

LORD HARROWER – S Alexander, Clerk

 

Court 12 – Parliament House

 

Thursday 5th May

 

Procedural Hearing

between 9.30am and 10.00am

 

CA8/22 North Lanarkshire Council v Viridis Energy (Norgen) Ltd Ledingham Chalmers LLPBrodies LLP  

 

 

LORD BRAID – TBC, Clerk

 

Court 10 – Parliament House

 

Thursday 5th May

 

By Order

between 9.00am and 9.30am

 

P877/20 Pet:  Colin Nicholson for orders under section 994 & 996 MBM Commercial LLPGilson Gray LLP  

 


 

TO BE ALLOCATED

 

Thursday 5th May

 

Procedural Hearing

 

A155/18 Elizabeth Cruickshank v Fife Health Board Gilson Gray LLP NHS Scotland Central Legal Office 

Case Management Hearing

 

A303/20 George Gorman v NHS Greater Glasgow & Clyde The Conway Accident Law Practice NHS Scotland Central Legal Office 

By Order (Adjustment) Roll

 

A165/20 Rosalind Callander v Natasha Usher &cBalfour + Manson LLP BTO Solicitors LLP  

By Order

 

PD46/19 Alan Nicholson v The Lord Advocate Thompsons Morton Fraser LLP 

By Order

 

A62/21 Scotland Gas Networks Plc v QBE Insurance (Europe) Ltd Addleshaw Goddard T C Young LLP 

 

 

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INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Thursday 5th May

 

Single Bill

 

P1176/19 Reclaiming Motion (Lord Tyre) Energiekontor UK Ltd for Judicial Review Wright Johnston & MacKenzie LLPMorton Fraser LLP CMS

 

 

EXTRA DIVISION

 

Thursday 5th May

 

Procedural Hearings

at 9.30am

 

CA86/19 Reclaiming Motion (Lord Tyre) David Grier v The Chief Constable, Police Service of Scotland Kennedys Scotland Ledingham Chalmers LLP 
CA72/20 Reclaiming Motion (Lord Tyre) David Grier v The Lord Advocate Kennedys Scotland SGLD  

 

 

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