SCTSPRINT3

Thursday 12th May 2022

 

Issue No. 160

 

 

C O N T E N T S

 

 

 
Notices
Fixing Notice
Calling List
Walling List
Undefended Consistorial Causes
Decrees
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.

 

 

N O T I C E

 

 

With effect from 1st April 2022, as advised in the article dated 30th March 2022 posted on our Scottish Courts and Tribunals (SCTS) website, Robin Macpherson WS has been appointed Auditor of the Court of Session, All Scotland Personal Injury Court and Sheriff Appeal Court.  Please see below link to our website for the full article on this appointment.

 

Auditor of the Court of Session Appointment (scotcourts.gov.uk)

 

Following this appointment the Auditor is now part of the SCTS which will result in a change of practice in relation to the feeing of an account of expenses when it is lodged.

 

With effect from Monday 16th May 2022, staff within the offices of the Court of Session, All Scotland Personal Injury Court and the Sheriff Appeal Court will begin feeing for the lodging of Account of Expenses through the usual invoice system for paying fees.

 

Any additional/other fees charged by the Auditor will continue to be feed by the Office of the Auditor of the Court of Session by way of an invoice.

 

If you have any queries in relation to this matter please do not hesitate to contact myself on the contact details below.

 

Many thanks,

 

John Hutchison, Office Manager, Court of Session

Tel:  0131 240 6667

jhutchison3@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 - 13th December 2022

Personal Injury Proofs requiring more than 4 days - 14th February 2023

Ordinary Action Proofs requiring more than 4 days - 5th July 2022

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Thursday 12th May

 

1 A74/22 Edward Cannie v Ayrshire and Arran Health Board Balfour + Manson LLP
2 A138/21 Mclaughlin & Harvey Ltd v Saint-Gobain Glass (United Kingdom) Ltd Balfour + Manson LLP
3 COS/PD134-22 Alex Sutherland v The Aberdeen Electrical Engineering Company Ltd Digby Brown LLP
4 COS/F44-22 Pamela Mitchell v Roy Mitchell SKO Family Limited
5 COS/PD159-22 Sarah McGrory v The Advocate General for Scotland as representing the Department for Business, Energy & Industrial StrategyDigby Brown LLP

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Thursday 12th May

 

1 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 11 months to 22 May 2023N/A

 

 

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UNDEFENDED CONSISTORIAL CAUSES

 

 

Decree of Divorce was Granted on 11th May 2022

 

1 F56/18 Alison Pettigrew v Garry Pettigrew

 

 

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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.

 

 

 

_________________

 

 


 

OUTER HOUSE ROLLS

 

 

LADY WISE – H Groves, Clerk

 

Court 4 – Parliament House

 

Friday 20th May

 

Starred Motion

at 9.30am

 

A76/15 Sarah Duncan v Grampian Health Board Balfour + Manson LLPNHS Scotland Central Legal Office 

 

 

LORD BRAILSFORD – N Marchant, Clerk

 

Court 12 – Parliament House

 

Wednesday 18th May

 

Continued Starred Motion & By Order

at 9.00am

 

A244/21 W & S Frew &c v Jack FrewDavidson Chalmers Stewart LLPRussel & Aitken LLP  

 


 

LORD CLARK – L Cranston, Clerk

 

Court 7 – Parliament House

 

Tuesday 17th May

 

Debate

 

CA116/21 SSE Energy Supply Ltd v Stag Hotel Ltd Kennedys ScotlandLefevres  

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 – Parliament House

 

Tuesday 17th May

 

By Order

between 10.00am and 1.00pm

 

P733/21 Pet:  Philomina Ezemonye for Judicial Review Drummond Miller LLP Harper MacLeod LLP 

 

Thursday 19th May

 

Continued Procedural Hearing

between 9.00am and 9.30am

 

CA135/21 Ved Parkash v The Royal Bank of Scotland Drummond Miller LLP Addleshaw Goddard 

 

Friday 20th May

 

By Order

between 9.00am and 10.00am

 

CA109/21 Christopher Frizell v Martin Aitken Financial Services Ltd Stronachs LLPDWF LLP  

Substantive Hearing

 

P748/21 Pet:  Victoria Reid for Judicial Review Drummond Miller LLPSGLD  

 

 

LADY CARMICHAEL– A Harkins, Clerk

 

Court 5 – Parliament House

 

Tuesday 17th May

 

Starred Motion

at 11.30am

 

P749/21 Pet:  Thomas Wainwright for Judicial ReviewDrummond Miller LLP SGLD 

 

Thursday 19th May

 

Starred Motion

at 9.00am

 

F65/20 Christine Parra v Laurent Parra Brodies LLP T C Young LLP 

Case Management Hearing

at 9.30am

 

F22/22 James Durno v Joy Durno Patience & Buchan Johnson Legal 

Procedure Roll

 

AD10/21 West Lothian Council for variation of a permanence order re:  JLHMorton Fraser LLP Allcourt Solicitors Ltd 

 

Friday 20th May

 

Case Management Hearing

at 9.00am

 

F26/22 Benedicte Duban v Edouard Duban DAC Beachcroft Scotland LLPBurness Paull LLP  

 

 

LORD HARROWER – S Alexander, Clerk

 

Court 6 – Parliament House

 

Tuesday 17th May

 

Procedural Hearing

between 9.00am and 9.30am

 

CA88/21 Edward MacKay Contractor Ltd v WOS Heavy Haulage Ltd DAC Beachcroft Scotland LLPBrodies LLP  

 

Wednesday 18th May

 

Continued Procedural Hearing

between 9.00am and 9.30am

 

CA144/21 Imran Ahmad v The Chief Constable of Police Scotland Pinsent Masons LLP SGLD Ledingham Chalmers LLP

 

Thursday 19th May

 

Procedural Hearing

between 9.30am and 10.00am

 

CA105/20 DMWSHNZ Ltd v Bank of Scotland Anderson Strathern LLPAddleshaw Goddard  

 

Friday 20th May

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA33/22 James Barnett &c v Genoyer SAS CMS MacRoberts LLP 

By Order

between 9.30am and 10.00am

 

CA79/20 Argyll and Bute Council v Keith Punler &c Brodies LLP Anderson Strathern LLP 

 

 

LORD WEIR – L Miller, Clerk

 

Court 1 – Parliament House

 

Friday 20th May

 

Substantive Hearing

 

P117/20 Pet:  Neil Robertson for Judicial Review Drummond Miller LLPSGLD 

 

 

LORD BRAID – R Hamilton, Clerk

 

Court 10 – Parliament House

 

Tuesday 17th May

 

Oral Hearing

between 9.00am and 9.30am

 

P178/22 Pet:  Alexander Partrick for Judicial Review Drummond Miller LLPSGLD  

By Order

between 9.30am and 10.00am

 

CA64/21 Vista Seafoods Ltd v Airo‑Tech Solutions Ltd Burness Paull LLP Stronachs LLP 

 

Wednesday 18th May

 

By Order

between 9.00am and 9.30am

 

CA126/18 Clydebank Housing Association Ltd v CCG (Scotland) Ltd Lindsays LLP DAC Beachcroft Scotland LLPPlexus Law

By Order

between 9.30am and 10.00am

 

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

 

Thursday 19th May

 

By Order

between 9.00am and 9.30am

 

CA104/21 Mayfly GWR Offshore Containers Industria Comercio LTDA v Swire Oilfield Services Do Brasil LTDALindsays LLP Brodies LLP  

By Order

between 9.00am and 10.00am

 

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

 

Friday 20th May

 

By Order

between 9.00am and 9.30am

 

CA75/21 Matera SA v Volvo Construction Equipment Haulers LtdLindsays LLP Burness Paull LLP  

Procedural Hearing

between 9.30am and 10.00am

 

CA12/22 Arnold Clark Automobiles Ltd v Keyline Civil Specialists Ltd DAC Beachcroft Scotland LLPDWF LLP  

 

 

TO BE ALLOCATED

 

Tuesday 17th May

 

Proof (4 days)

 

PD283/20 Morag Steele v Iain MacLean &c Digby Brown LLP Clyde & Co (Scotland) LLP 

 

Wednesday 18th May

 

Procedural Hearing

 

A197/19 Morag Mitchelson &c v Dare Seriki &c DAC Beachcroft Scotland LLP BTO Solicitors LLP Clyde & Co (Scotland) LLP

By Order (Adjustment) Roll

 

A346/21 Jonathan McInnes v Jill McInners Addleshaw Goddard Burness Paull LLP 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD28-22 Christine Connelly &c v Babcock International Thompsons Clyde & Co (Scotland) LLP 

By Order

 

A110/18 Network Rail Infrastructure Ltd v MacRoberts LLP Dentons UK and Middle East LLPClyde & Co (Scotland) LLP  

By Order

 

A142/21 Elaine Anderson v The Chief Constable of Police Scotland Slater & Gordon ScotlandLedingham Chalmers LLP  

 

Thursday 19th May

 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD422-21 Jacqueline Bain &c v The Advocate General for Scotland as representing the Secretary of State for Business, Energy and Industrial StrategyThompsons Harper MacLeod LLP 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD15-21 Shaun Edgar v Aberdeen City Council Thompsons Clyde & Co (Scotland) LLP 

Starred Motion

 

P305/22 Pet: Colin McEachran for InterdictThompsons BLM 

 

Friday 20th May

 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD132-21 Hugh Anderson v Turner Property Services Ltd DAC Beachcroft Scotland LLPKennedys Scotland 

By Order

 

A315/17 David Mills &c v Greater Glasgow & Clyde Health BoardDrummond Miller LLP NHS Scotland Central Legal Office 

By Order

 

A309/18 The Scottish Ministers v MacTaggart & Mickel Homes Ltd Clyde & Co (Scotland) LLP DAC Beachcroft Scotland LLP 

By Order

 

PD489/18 Wendy Fisher &c v Hugh M Fulton Ltd &c Thompsons Clyde & Co (Scotland) LLPBTO Solicitors LLP

By Order

 

PD180/19 William McLean v United Kingdom Atomic Energy Authority Thompsons Harper MacLeod LLP 

 

 

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INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Court 2 – Parliament House

 

Wednesday 18th May

 

Single Bill

at 10.30am

 

XA39/21 Peter Dymoke &c for leave to appeal against a decision of the Upper TribunalParty Turcan Connell  

Single Bill

at 10.30am

 

XA71/21 AW for leave to appeal against a decision of the Sheriff Appeal CourtThorley Stephenson Anderson Strathern LLP  

Single Bill

at 12.00pm

 

XA13/22 Alan Mickel against a decision of the Scottish Solicitors Disciplinary TribunalAnderson Strathern LLP T C Young LLP  

 

 

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