Monday 28^th November 2022

 

Issue No. 46

 

 

C O N T E N T S

 

 

Notices
Fixing Notice
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 5^th December 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 6^th December 2022 must be enrolled no later than 4.00pm on Thursday 1st December 2022 and may be opposed until 12:30pm on Friday 2^nd December 2022.

 

Motions for Wednesday 7^th December 2022 must be enrolled no later than 4.00pm on Friday 2nd December 2022 and may be opposed until 12:30pm on Tuesday 6^th December 2022.

 

Opposition and enrolment dates return to normal thereafter.

 

Cases lodged for calling:

 

Cases lodged for calling up to 12:30pm on Friday 2^nd December 2022 will call on Tuesday 6^th December 2022.

 

Cases lodged for calling after 12:30pm on Friday 2^nd December 2022 and until 4.00pm that day, will call on Wednesday 7^th December 2022.

 

Cases lodged for calling up to 12:30pm on Tuesday 6^th December 2022 will call on Thursday 8^th December 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 5^th December 2022.

 

Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays listed above.

 

 

Intimation, opposition and enrolment dates return to normal, thereafter.

 

 

 

N O T I C E

 

 

With effect from 1^st April 2022, as advised in the article dated 30^th 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 of the Auditor and the change to feeing the account of expenses when lodged the court will now proceed with making a change to the feeing of cancellation fees and the fee fund dues.

 

With effect from Monday 5^th December 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 cancellation fees and the fee fund dues 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 Gillian Abbott the on the contact details below.

 

Many thanks,

 

Gillian Abbott, Office Manager, Court of Session

gabbott@scotcourts.gov.uk

 

 

 

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 – 4^th July 2023

Personal Injury Proofs requiring more than 4 days - 15^th August 2023

Ordinary Action Proofs requiring more than 4 days - 24^th January 2023

 

 

 

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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 BRAILSFORD – L Cranston, Clerk

 

Court 4 - Parliament House

 

Wednesday 30^th November

 

Case Management Hearing

at 9.30am

 

COS-F89/22 Nicholas Fiddes v Adele Fiddes

Gilson Gray LLP

MHD Law LLP

 

 

 

LORD CLARK – C Munn, Clerk

 

Court 6 - Parliament House

 

Wednesday 30^th November

 

Continued Procedural Hearing

between 9.30am and 10.00am

 

CA124/21 Pitmain and Glenbanchor Ltd v Adrian Laycock Ltd

Anderson Strathern LLP

Clyde & Co (Scotland) LLP

 

Starred Motion and By Order, in terms of Rule of Court 43.6(3)

 

COS-PD491/20 Kim Jay v Astro Gymnastics West Lothian &c

Digby Brown LLP

BTO Solicitors LLP

Clyde & Co (Scotland) LLP

 

By Order

 

A287/20 Rederij K&T Holland CV XII v Thomas Muir (Rosyth) Ltd

Clyde & Co (Scotland) LLP

Kennedys Scotland

 

By Order

 

COS-PD396/21 John Kidd v Dawson Energy Ltd

Digby Brown LLP

Plexus Law

 

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 - Parliament House

 

Wednesday 30^th November

 

By Order

 

P289/22 Pet:  Chianti Restaurant Ltd to Wind Up

TLT LLP

 

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 10 - Parliament House

 

Wednesday 30^th November

 

Case Management Hearing

at 9.30am

 

F82/21 Susana Fito v Stephen Drury

Drummond Miller LLP

Watermans Legal Ltd

 

Continued Judicial Review - Procedural Hearing

 

P555/21 Pet:  Danh Nguyen for Judicial Review

Drummond Miller LLP

Ledingham Chalmers LLP

 

Procedural Hearing

 

A238/19 Louise Wood v Lothian Health Board

Drummond Miller LLP

NHS Scotland Central Legal Office

 

Case Management Hearing

 

A78/21 Louise Eills v Greater Glasgow Health Board

Drummond Miller LLP

NHS Scotland Central Legal Office

 

 

 

LORD HARROWER – S Alexander, Clerk

 

Court 7 - Parliament House

 

Wednesday 30^th November

 

Preliminary Hearing

between 9.30am and 10.00am

 

A36/21 Simply Construct (UK) LLP v Orca LGS Solutions Ltd &c	T C Young LLP	Brodies LLP	DWF LLP
COS/CA100-22 Simply Construct (UK) LLP v Orca LGS Solutions Ltd &c	T C Young LLP	Brodies LLP	DWF LLP

 

 

 

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INNER HOUSE ROLLS

 

 

SECOND DIVISION

 

Wednesday 30^th November

 

Summar Roll

at 10.30am

 

A58/21 Reclaiming Motion (Lord Brailsford) Leslie Currie v Susan Blair

Drummond Miller LLP

Anderson Strathern LLP

 

 

 

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