Friday 18th November 2022
Issue No. 40
C O N T E N T S
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| Notices |
| Fixing Notice |
| Calling List |
| Outer House Rolls (Adjustment) |
| 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
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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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 - 20th June 2023
Personal Injury Proofs requiring more than 4 days – 15th August 2023
Ordinary Action Proofs requiring more than 4 days - 17th January 2023
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COURT OF SESSION
CALLING LIST
Friday 18th November
| 1 | COS/PD486-22 Christopher Hutton &c v NHS Grampian | Lindsays LLP |
| 2 | COS/F99-22 Fiona Murray v Colin Murray | Brodies LLP |
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OUTER HOUSE ROLLS
Adjustment in the undernoted cases commences on Wednesday 16th November 2022 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 11th January 2023.
| 1 | A260/22 Ronald McAlister &c v NHS Highland | Morton Fraser LLP | NHS Scotland Central Legal Office | |
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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 CLARK – C Munn, Clerk
Court 6 - Parliament House
Tuesday 22nd November
Proof (6 days)
| COS/PD154-21 Rachel Sutherland v Shetland Islands Council | Drummond Miller LLP | Plexus Law | |
Oral Hearing
| P802/22 Pet: NTSP for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
LORD ERICHT – D Facchini, Clerk
Court 8 - Parliament House
Tuesday 22nd November
Starred Motion
between 9.00am and 10.00am
| CA18/22 The Social Care Community Partnership v Sakib Rafiq &c | Harper MacLeod LLP | Party | MacRoberts LLP |
LORD ARTHURSON – A Galloway, Clerk
Court 11 - Parliament House
Tuesday 22nd November
Continued Proof
| A291/19 Violet Paterson &c v Lanarkshire Health Board | Levy & McRae | NHS Scotland Central Legal Office | |
LORD HARROWER – S Alexander, Clerk
Court 7 - Parliament House
Tuesday 22nd November
Starred Motion
between 9.00am and 9.30am
| A286/19 Michael Costello v Scott-Moncrieff &c | Brodies LLP | Clyde & Co (Scotland) LLP | |
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INNER HOUSE ROLLS
EXTRA DIVISION
Tuesday 22nd November
Single Bill
| XA38/22 James Stirling for leave to appeal against a decision of the Scottish Legal Complaints Commission | Drummond Miller LLP | Brodies LLP | Adrian Russo Solicitor |
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