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Thursday 4th April 2024

 

Issue No. 134

 

 

C O N T E N T S

 

 

Notices
Fixing Notice
Calling List
Walling List
Notice
Outer House Rolls
Inner House Rolls

 


 

N O T I C E

 

 

Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays of the 29th March 2024, 1st and 15th of April 2024.

 

Motions etc. intimated and enrolled by email in accordance with Parts 2 and 4 of Chapter 23 of the Rules of the Court of Session 1994.

 

Intimation Date Opposition Date Motion Lodged Date
 
26/03/2024 28/03/2024 02/04/2024
27/03/2024 02/04/2024 03/04/2024
28/03/2024 03/04/2024 04/04/2024
02/04/2024 04/04/2024 05/04/2024
09/04/2024 11/04/2024 12/04/2024
10/04/2024 12/04/2024 16/04/2024
11/04/2024 16/04/2024 17/04/2024
12/04/2024 17/04/2024 18/04/2024
Intimation, opposition and enrolment dates to return to normal thereafter

 

 

Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994

 

Date motion enrolled Can be opposed until 12.30pm on… Date opposed motion dealt with
 
21/03/2024 25/03/2024 27/03/2024*
22/03/2024 25/03/2024 27/03/2024*
25/03/2024 26/03/2024 27/03/2024*
26/03/2024 27/03/2024 03/04/2024*
27/03/2024 28/03/2024 03/04/2024*
28/03/2024 02/04/2024 03/04/2024*
09/04/2024 10/04/2024 11/04/2024**
10/04/2024 11/04/2024 12/04/2024**
11/04/2024 12/04/2024 16/04/2024**
12/04/2024 16/04/2024 17/04/2024**
 
Intimation, opposition and enrolment dates to return to normal thereafter

 

Please Note:

 

The vacation courts on 27th March 2024 and 3rd April 2024 should be for urgent business only.

 

*  If the motion is opposed you will be contacted by the Vacation Clerk during the period of vacation.  If the motion is not opposed it will be processed within the standard timescales.

 

**  If the motion is opposed you will be contacted by the Keeper’s Office to arrange the opposed motion hearing date as per current practice.

 

 

Cases lodged for Calling

 

Cases Lodged for CallingCase Calls
 
Tuesday 26/03/2024 from 12.30pm up until all day on Thursday 28/03/2024
 
Tuesday 02/04/2024
Wednesday 10/04/2024 from 12.30pm up until all day on Thursday 11/04/2024 and up until 12.30pm on Friday 12/04/2024
 
Tuesday 16/04/2024
Normal calling days resumes thereafter

 

 

N O T I C E

 

 

Parties should liaise with the Keeper’s office prior to enrolling a motion seeking to assign or re-assign a date for a hearing in the Outer House (this excludes commercial and family actions).

 

Please can parties communicate with the Keeper’s office inbox:  keepers@scotcourts.gov.uk

 

This change is being implemented to avoid overloading of the court rolls, and to avoid hearings in actions which are not being case managed, being assigned for unsuitable dates and times.

 

 

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UPDATED 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 the motion to call 2 days ahead from the enrolment of the opposed or starred motion.

 

Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.

 

Parties should liaise with the Keeper’s office in relation to the allocation of these motions.  Following the allocation of the motion, the clerk will liaise with parties to agree the time the motion will call.  This is to ensure an opportunity is provided for representations to be made about the format of the hearing.

 

All communications with the Keeper’s Office should be made to:

keepers@scotcourts.gov.uk

 

 

_______________

 

 

 

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 – 5th November 2024

Personal Injury Proofs requiring more than 4 days - 27th May 2025

Ordinary Action Proofs requiring more than 4 days – 9th July 2024

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Thursday 4th April

 

1 COS/PD95-24 Anne Hynd &c v Carillion Construction (Contracts) Ltd &c
 
Thompsons
 
2 COS/PD55-24 Arlene Chalmers &c v Southbank Surgery &c
 
Friends Legal
 
3 COS/PD6-24 Clare Lumsden &c v JB MacKenzie (Holdings) Ltd
 
Thompsons
 
4 COS/PD106-24 Graham Baird v David Boggan &c
 
Friends Legal
 
5 COS/A84-24 Holly Rodwell v Greater Glasgow Health Board
 
Drummond Miller LLP
 
6 COS/PD107-24 James Coull v Advocate General for Scotland
 
Digby Brown LLP
 
7 COS/A90-24 Jiedi Lin v Greater Glasgow & Clyde Health Board
 
Jones Whyte
 
8 COS/PD93-24 Martin O'Rourke v David Wiseman
 
Balfour + Manson LLP
 
9 COS/PD126-24 Steven Brown v A Hamilton & Son &c
 
Digby Brown LLP
 
10 COS/PD105-24 Thomas Munck v Clare Gibson
 
Digby Brown LLP
 
11 COS/PD122-24 William Chrystal &c v Forth Valley Health Board DAC Beachcroft Scotland LLP
 

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Thursday 4th April

 

1 Petition The Scottish Ministers for a prohibitory property order in terms of Chapter 2 of Part 5 of the Proceeds of Crime Act 2002 and warrant for inhibition in respect of property held by Tina Ramzi or Iqbal and TNA Properties Ltd
 
Civil Recovery Unit
2 Petition Advance Construction (GD) Ltd, a company incorporated under the Companies Acts (registered number:  SC565019), and having its registered office at Caldergrove House, Linnet Way, Strathclyde Business Park, Bellshill, ML4 3RA for Interdict and interdict ad interim and an order under section 46 of the Court of Session Act 1988
 
DLA Piper Scotland LLP

 

 

_______________

 

 

 

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 SANDISON – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Thursday 11th April

 

Procedural Hearing

between 9.00am and 9.30am

 

COS/CA22-24 Flemming Hansen v Close Invoice Finance Ltd
 
DHM Law Ltd Addleshaw Goddard  

 

Friday 12th April

 

Continued By Order

between 10.00am and 11.00am

 

COS/P103-24 Pet:  Upper Clyde Shipbuilders Ltd 86/27 to Restore to the Register of Companies
 
Thompsons    

 

 

LORD RICHARDSON – D Allen, Clerk

 

Court 7 - Parliament House

 

Tuesday 9th April

 

Procedural Hearing

between 9.30am and 10.00am

 

COS/CA123-23 Lothian Health Board v Consort Healthcare (RIE) Ltd Morton Fraser MacRoberts LLP
 
Clyde & Co (Scotland) LLP  

 

Wednesday 10th April

 

Continued Procedural Hearing

between 9.30am and 10.00am

 

COS/CA33-23 Robertson Construction Group Ltd v Atalian Servest AMK Ltd
 
DAC Beachcroft Scotland LLP Kennedys Scotland  

 

Friday 12th April

 

By Order

between 9.30am and 10.00am

 

PD120/19 Simon Morrison v Middlesea Insurance Plc &c Digby Brown LLP Kennedys Scotland
 
 

 

 

LORD STUART – N Marchant, Clerk

 

Court 4 - Parliament House

 

Tuesday 9th April

 

Continued Case Management Hearing

at 9.30am

 

COS/F71-23 Robert Barnes v Toni Robertson Garden Stirling Burnet Harper MacLeod LLP
 
 

Case Management Hearing

 

COS/F8-23 Wendy Riddell v Craig Riddell Balfour + Manson LLP Burness Paull LLP
 
 

 

Wednesday 10th April

 

By Order

at 9.30am

 

COS/F98-22 Jordon MacIver v Elza Abele Rutherford Sheridan Solicitors
 
   

 

 

TO BE ALLOCATED

 

Tuesday 9th April

 

Proof Before Answer (3 days)

 

COS/A116-23 Glasgow City Council v James (aka Jimmy) Stringfellow &c Harper Macleod LLP Party  

 

Wednesday 10th April

 

Case Management Hearing

 

A324/20 Julian McCathie v Greater Glasgow Health Board Drummond Miller LLP NHS Scotland Central Legal Office
 
 

Case Management Hearing

 

A9/21 Eleanor Dennis &c v NHS Lanarkshire Health Board Lindsays NHS Scotland Central Legal Office
 
 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD240-23 Gary Speirs v CCG (Scotland) Ltd Digby Brown LLP Horwich Farrelly Scotland
 
 

By Order

 

COS/A266-22 Medical Devices Scotland v Grampian Health Board Balfour + Manson LLP NHS Scotland Central Legal Office
 
 

By Order

 

COS/PD49-23 Thomas Forrest v Cabel & Wireless (Investments) Ltd Thompsons DAC Beachcroft Scotland LLP
 
 

 

Thursday 11th April

 

Case Management Hearing

 

A176/21 Iain Cuthbert &c v Lanarkshire NHS Board Lindsays NHS Scotland Central Legal Office
 
 

Case Management Hearing

 

A53/22 Joan Madden &c v Scottish Ambulance Service Board Jackson Boyd LLP NHS Scotland Central Legal Office
 
 

Case Management Hearing

 

COS/A166-22 Laura Lindsay &c v Lanarkshire Health Board &c Allan McDougall NHS Scotland Central Legal Office
 
 

Case Management Hearing

 

COS/A154-22 F v Gordon Chalmers &c A & WM Urquhart Keoghs Scotland LLP Clyde & Co (Scotland) LLP
 

By Order

 

COS/PD44-21 Sameer Kaki v Oxfam Thorntons Law LLP Clyde & Co (Scotland) LLP
 
 

By Order

 

COS/A323-23 Julie Corrigan v Alexander Corrigan
 
TC Young LLP    

By Order

 

COS/PD299-22 David Aspley v Babcock International Ltd Digby Brown LLP Clyde & Co (Scotland) LLP
 
 

By Order

 

COS/PD398-23 James Campbell v Goodyear Tyres UK Ltd Digby Brown LLP BTO Solicitors LLP
 
 

 

Friday 12th April

 

Case Management Hearing

 

A275/21 John O’Donnell v NHS Greater Glasgow & Clyde Health Board Jones Whyte Law NHS Scotland Central Legal Office
 
 

By Order

 

A233/21 John Stewart v Ross Proctor &c Watermans Solicitors Clyde & Co (Scotland) LLP
 
 

By Order

 

A256/21 Harbour Homes Scotland Ltd v Shoosmiths LLP Harper MacLeod LLP
 
DWF LLP  

By Order

 

COS/PD102-23 Richard Eunson &c v Greenwell (Aberdeen) Ltd &c Thompsons Clyde & Co (Scotland) LLP DAC Beachcroft Scotland LLP
 

By Order

 

COS/PD367-23 Anges Fairley &c v MSA (Britian) Ltd DAC Beachcroft Scotland LLP
 
   

 

 

_______________

 

 

 

INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Wednesday 10th April

 

Procedural Hearing

 

COS/XA54-23 Saqib Deen for appeal against a Decision of Town and Country Planning
 
Party SGLD  

 

Thursday 11th April

 

Continued Procedural Hearing

 

COS/XA52-23 Jonathan Weiss for appeal against a Decision of Scottish Minister
 
Party SGLD  

 

 

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