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Tuesday 9th April 2024

 

Issue No. 137

 

 

C O N T E N T S

 

 

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

 


 

N O T I C E

 

 

Parties should liaise with the Keeper’s office prior to enrolling a motion seeking to assign or re-assign a date for a hearing in the Outer House (this excludes commercial and family actions).

 

Please can parties communicate with the Keeper’s office inbox:  keepers@scotcourts.gov.uk

 

This change is being implemented to avoid overloading of the court rolls, and to avoid hearings in actions which are not being case managed, being assigned for unsuitable dates and times.

 

 

UPDATED 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 the motion to call 2 days ahead from the enrolment of the opposed or starred motion.

 

Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.

 

Parties should liaise with the Keeper’s office in relation to the allocation of these motions.  Following the allocation of the motion, the clerk will liaise with parties to agree the time the motion will call.  This is to ensure an opportunity is provided for representations to be made about the format of the hearing.

 

All communications with the Keeper’s Office should be made to:

keepers@scotcourts.gov.uk

 

 

 

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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 – 12th November 2024

Personal Injury Proofs requiring more than 4 days – 10th June 2025

Ordinary Action Proofs requiring more than 4 days – 16th July 2024

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Tuesday 9th April

 

1 COS/PD123-24 Caroline Laurie v Nathan Leggat
 
Watermans Solicitors Limited
 
2 COS/A81-24 Elizabeth Fyfe v Lauren McCarthy
 
Kennedys Scotland
 
3 COS/PD47-24 Erica Mclennan v Aldi Stores Ltd
 
Digby Brown LLP
 
4 COS/PD134-24 Graeme Marshall v Dunsmore and Sons Ltd
 
Digby Brown LLP
5 COS/CA28-23 India Buildings Ltd &c v The Liquid Room Ltd
 
Gillespie Macandrew LLP
6 COS/PD128-24 Kenneth Fallon v Balfour Beatty Construction Ltd
 
Thompsons
7 COS/CA24-23 Nicol’s Worstrds Ltd v HLT Stakis Operator Ltd
 
Brodies LLP
8 COS/PD94-24 Stephen Cappie &c v Lanarkshire NHS Board
 
Jones Whyte

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Tuesday 9th April

 

1 Petition Health and Care Professions Council for an extension in terms of Article 31(8) and 31(9) of the Health Professions Order 2001
 
Anderson Strathern
2 Petition Jurgent Rakipi for Judicial Review of a decision of the Secretary of State for the Home Department to certify the Petitioner’s claim as ‘clearly unfounded’ pursuant to section 94 of the Nationality, Immigration and Asylum Act 2002
 
Drummond Miller LLP as agents for A J Bradley Solicitors, Glasgow
 
3 Petition Abrdn Diversified Income and Growth Plc for confirmation of the cancellation of the entire amount standing to the credit of its share premium account, a reduction in the nominal value of its ordinary shares and the cancellation of the entire amount standing to the credit of its capital redemption reserve
 
Gilson GrayLLP
4 Petition Clowes Developments (Scotland) Limited for an order under section 46 of the Court of Session Act 1988 and for interdict and interdict ad interim
 
Morton Fraser MacRoberts LLP
5 Petition Osborne & Company Argyle Street Limited for Orders under s.1 of the Administration of Justice (Scotland) Act 1972
 
DAC Beachcroft (Scotland) LLP
6 Petition William Lindsay (A/P) for Judicial Review Drummond Miller LLP
 
7 Petition The Nursing and Midwifery Council 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 5 months to 18 October 2024
 
N/A
8 Petition The Nursing and Midwifery Council 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 7 months to 16 December 2024
 
N/A
9 Petition Shahnaz Waheed for Judicial Review of decisions by the Secretary of State for the Home Department Drummond Miller LLP as agents for RH and Co Solicitors, Glasgow
 

 

 

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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 SANDISON – S Alexander, Clerk

 

Court 12 - Parliament House

 

Thursday 11th April

 

Procedural Hearing

between 9.00am and 9.30am

 

COS/CA22-24 Flemming Hansen v Close Invoice Finance Ltd
 
DHM Law Ltd Addleshaw Goddard  

Case Management Hearing

 

A176/21 Iain Cuthbert &c v Lanarkshire NHS Board Lindsays NHS Scotland Central Legal Office
 
 

 

 

LORD RICHARDSON – E Hunter, Clerk

 

Court 7 - Parliament House

 

Thursday 11th April

 

Case Management Hearing

 

COS/A154-22 F v Gordon Chalmers &c A & WM Urquhart Keoghs Scotland LLP Clyde & Co (Scotland) LLP
 

By Order

 

COS/PD299-22 David Aspley v Babcock International Ltd Digby Brown LLP Clyde & Co (Scotland) LLP
 
 

By Order

 

COS/PD398-23 James Campbell v Goodyear Tyres UK Ltd Digby Brown LLP BTO Solicitors LLP
 
 

 


 

LORD YOUNG – L Miller, Clerk

 

Court 11 - Parliament House

 

Thursday 11th April

 

Case Management Hearing

 

A53/22 Joan Madden &c v Scottish Ambulance Service Board Jackson Boyd LLP NHS Scotland Central Legal Office
 
 

Case Management Hearing

 

COS/A166-22 Laura Lindsay &c v Lanarkshire Health Board &c Allan McDougall NHS Scotland Central Legal Office
 
 

By Order

 

COS/A323-23 Julie Corrigan v Alexander Corrigan
 
TC Young LLP    

 

 

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INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Thursday 11th April

 

Continued Procedural Hearing

 

COS/XA52-23 Jonathan Weiss for appeal against a Decision of Scottish Minister
 
Party SGLD  

 

 

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