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 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 – 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 &c | TC 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 companies | Thompsons |
| 2 | Petition | Ben Slee for Judicial Review | Drummond 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 2023 | N/A |
| 5 | Petition | Semih Avsar Vazgecen for Judicial review of failure to provide timescale for deciding the petitioner’s asylum claim | Drummond 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 claim | Drummond 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 visitor | Drummond 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 2024 | N/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 Council | BLM | Harper MacLeod LLP | Morton Fraser LLP |
By Order
| PD156/20 George Stevenson v Forth Skips Ltd | Thompsons | Clyde & Co (Scotland) LLP | |
By Order
| A79/22 AU v North Lanarkshire Council | Thompsons | 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 LLP | A&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 Board | Drummond Miller LLP | NHS Scotland Central Legal Office | Keoghs Scotland LLP |
Judicial Review – Procedural Hearing
| P644/22 Pet: Abdelhakim Kadi for Judicial Review | Drummond Miller LLP | Office of the Advocate General | Keoghs Scotland LLP |
By Order
| COS-PD3/22 Brian Reilly v Aaron Park &c | Jackson Boyd LLP | DAC Beachcroft Scotland LLP | Keoghs Scotland LLP |
Friday 9th December
Procedural Hearing
| A106/19 Philip Rogers v Dumfries & Galloway Health Board &c | Drummond Miller LLP | NHS Scotland Central Legal Office | Keoghs Scotland LLP |
Starred Motion
| P931/21 Pet: Iain Taylor for Judicial Review | Balfour + Manson LLP | NHS Scotland Central Legal Office | |
By Order
| PD264/20 Richard Doherty v Joseph Marlin &c | Thompsons | Clyde & Co (Scotland) LLP | DAC Beachcroft Scotland LLP |
| | DWF LLP | | |
By Order
| PD278/20 Robert Campbell &c v Hastings Black Construction Ltd | Thompsons | 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 &c | Anderson 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 LLP | Drummond 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 &c | BBM Solicitors | CMS | |
| CA108/20 General Services 2 Ltd v John Fox &c | BBM 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 shares | Dentons 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 &c | Dentons UK and Middle East LLP | Gilson Gray LLP | Keoghs Scotland LLP |
By Order
| A190/21 Vikki McKay &c v Forth Valley Health Board | DAC 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 | SGLD | Lord 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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