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 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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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 Board | Balfour + 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 2023 | N/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 Scotland | Drummond Miller LLP |
| 3 | Petition | Kieran Adams (FE) for Judicial review of the continuing failure by the Scottish Ministers and Clackmannanshire Council to assess him | Drummond Miller LLP |
| 4 | Petition | Christopher Lang (FE) for Judicial review of a decision in relation to his transfer between prisons by the Scottish Ministers | Drummond Miller LLP |
| 5 | Petition | Mark Cornwell (FE) for Judicial review of the continuing failure by the Scottish Ministers and Clackmannanshire Council to assess him | Drummond Miller LLP |
| 6 | Petition | Frank O’Ceallaigh for Judicial review of the actions of the Scottish Ministers in interfering with his mail | Balfour + 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 Docherty | Anderson 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 LLP | Burness 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 LLP | CMS | |
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 LLP | Drummond 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 LLP | Brodies 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 LLP | Gilson 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 &c | Balfour + 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 LLP | Morton 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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