Monday 21st November 2022
Issue No. 41
C O N T E N T S
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| Notices |
| Fixing Notice |
| Walling List |
| 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 - 27th 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
WALLING LIST
Monday 21st November
| 1 | Petition | Abdulrazak Abdullah for Judicial Review of failure to provide timescale for deciding the petitioner’s asylum claim | Drummond Miller LLP as agents for Latta and Co Solicitors, Glasgow |
| 2 | Petition | Thejaskumar Cherthedath for Judicial Review of a decision of the Secretary of State for the Home Department to refuse the petitioner’s application for leave to remain and conclude he has caused “serious harm” | Drummond Miller LLP |
| 3 | Petition | The Nursing and Midwifery Council for an extension of the period of an Interim Conditions of Practice Order imposed on a registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 3 months to 6 April 2023 | N/A |
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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 TURNBULL – D Facchini, Clerk
Court 12 - Parliament House
Wednesday 23rd November
Procedural Hearing
| A165/20 Rosalind Callander v Natasha Usher &c | Balfour + Manson LLP | BTO Solicitors LLP | |
By Order (Adjustment) Roll
| A278/20 O’Hare & McGovern Ltd v Alan Murray Architects Ltd &c | Anderson Strathern LLP | Clyde & Co (Scotland) LLP | BTO Solicitors LLP |
LORD BRAILSFORD – L Cranston, Clerk
Court 4 - Parliament House
Wednesday 23rd November
Pre-Proof Hearing and Starred Motion
at 9.00am
| F12/22 Stephanie Grant v George Grant | Brodies LLP | Balfour + Manson LLP | |
Continued Proof (2 days)
at 11.00am
| F93/21 Barbara Lyburn v Graeme Lyburn | Lindsays LLP | Gillespie Macandrew LLP | |
LORD CLARK – C Munn, Clerk
Court 6 - Parliament House
Wednesday 23rd November
By Order
between 9.00am and 9.30am
| A142/19 James McCaw v Greater Glasgow & Clyde Health Board | Friends Legal | NHS Scotland Central Legal Office | |
By Order
| A268/20 Vikki Wilson v Forth Valley Health Board | Slater & Gordon Lawyers | NHS Scotland Central Legal Office | |
LADY CARMICHAEL – N Marchant, Clerk
Court 12 - Parliament House
Wednesday 23rd November
Continued Judicial Review - Procedural Hearing
| P555/21 Pet: Danh Nguyen for Judicial Review | Drummond Miller LLP | Ledingham Chalmers LLP | |
By Order
| A288/16 Fraser Hall v Peter Boyle &c | Kennedys Scotland | Aberdein Considine & Co | |
LORD BRAID – R Hamilton, Clerk
Court 12 - Parliament House
Wednesday 23rd November
By Order
between 10.00am and 12.00pm
| CA74/22 Elite Sports Group Ltd v The Rangers Football Club Ltd | Burness Paull LLP | Anderson Strathern LLP | |
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INNER HOUSE ROLLS
EXTRA DIVISION
Wednesday 23rd November
Procedural Hearing
| P578/21 Reclaiming Motion (Lord Clark) Pet: Robert Bartosik for orders und section 167 of Data Protection Act | Party | Ledingham Chalmers LLP | |
Single Bill
at 10.30am
| XA39/22 Edwin McLaren for leave to appeal against a decision of the Scottish Legal Complaints Commission | Party | Brodies LLP | |
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