SCTSPRINT3

Thursday 1st December 2022

 

Issue No. 49

 

 

C O N T E N T S

 

 

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

 

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

 

Opposition and enrolment dates return to normal thereafter.

 

Cases lodged for calling:

 

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

 

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

 

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

 

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

 

Intimation date Opposition Date Motion Lodged Date
30/11/2022 02/12/2022 06/12/2022
01/12/2022 06/12/2022 07/12/2022
02/12/2022 07/12/2022 08/12/2022
06/12/2022 08/12/2022 09/12/2022

 

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

 

 

 

N O T I C E

 

 

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules)

(Amendment) 2022

 

This Act of Sederunt amends the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991.  Paragraph 2 amends rule 9 by revoking the requirement for an officer of court (messenger-at-arms or sheriff officer) to be covered by a bond of caution, omits rule 11 and schedule 2 and makes related consequential amendments.  Paragraph 3 revokes the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005.

 

This Act of Sederunt comes into force on 28th December 2022.

 

 


 

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 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 5th 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 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 – 4th July 2023

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

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

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Thursday 1st December

 

1 COS-CA89/22 Alexander Noble & Sons Ltd v Gareloch Support Services (Plant) Ltd Burness Paull LLP
2 COS-A247/22 Martin Cassels v Envirosan Ltd &c MBM Commercial LLP
3 COS-A248/22 Pamela Cochrane &c v Ruth Close &cTC Young LLP
4 COS-PD497/22 Ryan Crookston v SM Bayne & Co Ltd Digby Brown LLP
5 COS-PD478/22 William Smith v Angus Council &c Digby Brown LLP
6 A307/21 Multiplex Construction Europe Ltd v Hlmad Ltd Brodies LLP

 

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Thursday 1st December

 

1 Petition James Murdoch To restore Thomas Graham & Sons Limited to the register of companiesThompsons
2 Petition Ben Slee for Judicial ReviewDrummond Miller LLP
3 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 9 months to 2 November 2023.N/A
4 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 9 months to 1 November 2023N/A
5 Petition Semih Avsar Vazgecen for Judicial review of failure to provide timescale for deciding the petitioner’s asylum claimDrummond Miller LLP (for Katani and Co, Glasgow)
6 Petition Mohamad Sadiq Moludi for Judicial review of failure to provide timescale for deciding the petitioner’s asylum claimDrummond Miller LLP (or Latta and Co, Glasgow)
7 Petition Rajaa F Redhwan Al Obaidi for Judicial review of a decision of an Entry Clearance Officer dated 5 September 2022 refusing the petitioner’s entry clearance as visitorDrummond Miller LLP
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 12 months to 26 January 2024N/A
9 Petition Samuel Oludare Oluyemi Yerokun for Judicial review of a decision of the Upper Tribunal (Immigration and Asylum Chamber) dated 5th September 2022 refusing permission to appeal to itself Drummond Miller LLP a(for Latta and Co, Glasgow)

 

 

 

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UNDEFENDED CONSISTORIAL CAUSE

 

 

Decree of Divorce was Granted on Monday 28th November 2022.

 

1 F83/21 Valerie Butcher v Peter Butcher

 

 

 

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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 TYRE – N Marchant, Clerk

 

Court 11 - Parliament House

 

Tuesday 6th December

 

Accelerated Proof (4 days)

 

COS-PD289/22 Michael Reilly v Bae Systems Marine (YSL) Limited Digby Brown LLP Clyde & Co (Scotland) LLP  

 

Wednesday 7th December

 

By Order

 

A182/16 Drumpark Properties Ltd &c v Glasgow City CouncilBLM Harper MacLeod LLP Morton Fraser LLP

 

By Order

 

PD156/20 George Stevenson v Forth Skips LtdThompsons Clyde & Co (Scotland) LLP  

 

By Order

 

A79/22 AU v North Lanarkshire CouncilThompsons Clyde & Co (Scotland) LLP  

 

By Order

 

COS-PD436/21 Eliza Wilson &c v Harsco Infrastructure Group Ltd &c Thompsons Kennedys Scotland  

 

 


 

LORD BRAILSFORD – L Cranston, Clerk

 

Court 4 - Parliament House

 

Thursday 8th December

 

Continued Proof

 

F93/21 Barbara Lyburn v Graeme Lyburn Lindsays LLP Gillespie Macandrew LLP  

 

 

 

LORD CLARK – C Munn, Clerk

 

Court 6 - Parliament House

 

Tuesday 6th December

 

Debate (2 days)

 

CA27/22 Pursuit Marketing Ltd &c v Kyle Thomson &c Campbell Smith LLP Balfour + Manson LLP Drummond Miller LLP
  Davidson Chalmers Stewart LLPA&WM Urquhart Gilson Gray LLP
  MBM Commercial LLP    

 

Thursday 8th December

 

By Order Adjustment

at 9.30am

 

A60/20 Angela Ironside v Greater Glasgow Health BoardDrummond Miller LLP NHS Scotland Central Legal Office Keoghs Scotland LLP

 

Judicial Review – Procedural Hearing

 

P644/22 Pet:  Abdelhakim Kadi for Judicial ReviewDrummond Miller LLP Office of the Advocate General Keoghs Scotland LLP

 

By Order

 

COS-PD3/22 Brian Reilly v Aaron Park &cJackson Boyd LLP DAC Beachcroft Scotland LLP Keoghs Scotland LLP

 

Friday 9th December

 

Procedural Hearing

 

A106/19 Philip Rogers v Dumfries & Galloway Health Board &cDrummond Miller LLP NHS Scotland Central Legal Office Keoghs Scotland LLP

 

Starred Motion

 

P931/21 Pet:  Iain Taylor for Judicial ReviewBalfour + Manson LLP NHS Scotland Central Legal Office  

 

By Order

 

PD264/20 Richard Doherty v Joseph Marlin &cThompsons Clyde & Co (Scotland) LLP DAC Beachcroft Scotland LLP
  DWF LLP    

 

By Order

 

PD278/20 Robert Campbell &c v Hastings Black Construction LtdThompsons Clyde & Co (Scotland) LLP  

 

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 - Parliament House

 

Tuesday 6th December

 

Procedural Hearing

between 9.30am and 10.00am

 

P631/22 Pet:  Bruce Property Development Ltd re Orders under Section 996 Harper MacLeod LLP DAC Beachcroft Scotland LLP  

 

Continued Proof before Answer (12 days)

 

CA29/21 Centenary 6 Ltd v TLT LLP Harper MacLeod LLP DAC Beachcroft Scotland LLP  

 

Wednesday 7th December

 

Pre-Proof Hearing

between 9.00am and 9.30am

 

CA59/22 Monarch Transport Ltd v Peter Irvine &cAnderson Strathern LLP Morton Fraser LLP  

 

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 11 - Parliament House

 

Tuesday 6th December

 

By Order

at 9.00am

 

F55/20 Michelle MacDonald v Gary MacDonald SKO Family Law Specialists Levy & McRae  

 

Wednesday 7th December

 

By Order

at 9.30am

 

P538/22 Pet:  Nils Kemmerling to enforce a Part 1 Order Balfour + Manson LLP    

 

Thursday 8th December

 

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

 

COS-F99/22 Fiona Murray v Colin Murray Brodies LLP DAC Beachcroft Scotland LLP  

 

Friday 9th December

 

Case Management Hearing

at 9.00am

 

COS-F93/22 Daniel Henry v May Harper SKO Family Law Specialists Balfour + Manson LLP  

 

Case Management Hearing

at 9.30am

 

COS-F90/22 John Clark v Jillann Clark Brodies LLP SKO Family Law Specialist  

 

 


 

LORD ARTHURSON – A Galloway, Clerk

 

Court 3 - Parliament House

 

Tuesday 6th December

 

Pre-Proof By Order

at 9.00am

 

AD1/22 Note:  Variation to a permanence order re:  West Lothian Council Morton Fraser LLPDrummond Miller LLP

 

 

 

LORD HARROWER – S Alexander, Clerk

 

Court 7 - Parliament House

 

Tuesday 6th December

 

By Orders

between 9.00am and 9.30am

 

CA107/20 General Services 2 Ltd v Spex Engineering (UK) Ltd &cBBM Solicitors CMS  
CA108/20 General Services 2 Ltd v John Fox &cBBM Solicitors Addleshaw Goddard CMS
CA24/21 General Services 1 Ltd v Ryan Strachan BBM Solicitors CMS  

 

Procedural Hearing

between 9.30am and 10.00am

 

CA85/22 Sime Ltd v City Technical Services (UK) Ltd Kennedys Scotland Brodies LLP  

 

Wednesday 7th December

 

Starred Motion

between 9.00am and 10.00am

 

P881/22 Pet:  The Restaurant Group Plc for cancellation of sharesDentons UK and Middle East LLP    

 

Thursday 8th December

 

Debate

 

CA79/20 Argyll & Bute Council v Keith Punler &c Brodies LLP Ennova Law Keoghs Scotland LLP

 

 

 

LORD WEIR – E Brown/D Swords, Clerk

 

Court 3 - Lawnmarket

 

Friday 9th December

 

Case Management Hearings

at 9.00am

 

P305/22 Pet:  Hugh Campbell for Interdict Thompsons CMS  
P657/22 Pet:  Hugh Campbell for Interdict and ad interim Thompsons CMS  

 

 


 

LORD BRAID – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Tuesday 6th December

 

Proof (4 days)

 

COS-PD144/22 Thomasina Mackie &c v Crudens (Milton Keynes) Ltd Thompsons Burness Paull LLP  

 

Wednesday 7th December

 

By Order

between 9.00am and 9.30am

 

CA152/21 TPS Healthcare Group Ltd v United UK Propco 4 SARL MacRoberts LLP DWF LLP  

 

Thursday 8th December

 

Procedural Hearing

between 9.00am and 9.30am

 

CA71/22 Ogilvie Construction Ltd v Leach Rhodes Walker Ltd Brodies LLP CMS Keoghs Scotland LLP

 

By Order

 

COS-PD134/22 Alex Sutherland v The Aberdeen Electrical Engineering Co Ltd Digby Brown LLP Clyde & Co (Scotland) LLP  

 

Friday 9th December

 

Procedural Hearing

between 9.00am and 10.00am

 

CA57/22 Pringle of Scotland Ltd v Callum Scott &cDentons UK and Middle East LLP Gilson Gray LLP Keoghs Scotland LLP

 

By Order

 

A190/21 Vikki McKay &c v Forth Valley Health BoardDAC Beachcroft Scotland LLP NHS Scotland Central Legal Office Keoghs Scotland LLP

 

 

 

LADY DRUMMOND – L Cranston, Clerk

 

Court 5 - Parliament House

 

Thursday 8th December

 

By Order

at 9.00am

 

P395/22 Pet:  John Halley for Judicial Review Campbell Smith LLP SGLDLord President’s Private Office

 

 

 

TO BE ALLOCATED

 

Tuesday 6th December

 

Proof (6 days)

 

COS-PD491/20 Kim Jay v Astro Gymnastics West Lothian Club &c Digby Brown LLP BTO Solicitors LLP Clyde & Co (Scotland) LLP

 

 

 

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INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Wednesday 7th December

 

Summar Roll

 

XA28/22 Taylor Wimpey UK Ltd against a decision of Town and Country Planning Shepherd & Wedderburn LLP SGLD 

 

 

 

EXTRA DIVISION

 

Tuesday 6th December

 

Summar Roll

 

PD167/21 Reclaiming Motion (Lady Wise) Marguerite Henderson v Benarty Medical Practice Party MDDUS 

 

Friday 9th December

 

Single Bill

 

XA16/20 Aberdeen Computer Services to appeal against a decision of the Scottish Legal Complaints Commission Party Anderson Strathern LLP  

 

Single Bill

at 11.00am

 

XA6/22 Aberdeen Computer Services for leave to appeal against a decision of the Scottish Legal Complaints Commission Party Anderson Strathern LLP  

 

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