SCTSPRINT3

Thursday 24th November 2022

 

Issue No. 44

 

 

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 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

 

 

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.

 

 

 

_______________

 

 

 

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

 

 

 

______________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Thursday 24th November

 

1 COS/PD457-22 Anna Graham &c v Jordan Lawrence &c Digby Brown LLP
2 COS/CA98-22 Atalian Servest AMK Ltd v B W (Electrical Contractors) LtdBrodies LLP

 

 

_________________

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Thursday 24th November

 

1 Petition Isa Mendy Ceesay for Judicial Review of failure to provide timescale for deciding the petitioner’s asylum claimDrummond Miller LLP as agents for Katani and Co Solicitors, Glasgow
2 Petition (1) Michael James Wemyss, (2) The Honourable Anthony Ramsay and (3) Maria‑Antonieta Lopez‑Portillo for approval of an Arrangement under the Trusts (Scotland) Act 1961, Section 1Turcan Connell

 

 

_________________

 

 

 

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.

 

 

 

_______________

 

 

 

OUTER HOUSE ROLLS

 

 

LORD BRAILSFORD – L Cranston, Clerk

 

Court 4 - Parliament House

 

Monday 28th November

 

Starred Motion

at 9.00am

 

F33/21 Ian Hodge v Rachel Hodge Millard Law Thorley Stephenson 

 

Tuesday 29th November

 

Pre-Proof By Order

at 9.00am

 

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

 

Wednesday 30th November

 

Case Management Hearing

at 9.30am

 

COS/F89-22 Nicholas Fiddes v Adele Fiddes Gilson Gray LLP MHD Law LLP 

 


 

Thursday 1st December

 

By Orders

at 9.00am

 

AD22/22 Pet:  Fife Council for a Permanence Order re:  MJC Harper MacLeod LLP  
AD23/22 Pet:  Fife Council for a Permanence Order re:  ACC Harper MacLeod LLP  
AD24/22 Pet:  Fife Council for a Permanence Order re:  KRC Harper MacLeod LLP  
AD25/22 Pet:  Fife Council for a Permanence Order re:  MLC Harper MacLeod LLP  

 

Friday 2nd December

 

By Orders

at 9.00am

 

F48/20 Tania Garcia v David Clark Party Turcan Connell 
F44/21 David Clark v Tania Garcia Turcan ConnellParty  

By Orders

at 9.30am

 

AD29/22 Aberdeen City Council for a Permanence Order re:  JRGAberdeen City Council Thorley Stephenson  
AD30/22 Aberdeen City Council for a Permanence Order re:  KG Aberdeen City CouncilThorley Stephenson  

 

 

LORD CLARK – C Munn, Clerk

 

Court 6 - Parliament House

 

Tuesday 29th November

 

Proof (4 days)

 

COS/PD482-20 Donald McGregor v British Airways PlcAllan McDougallBLM  

 

Wednesday 30th November

 

Continued Procedural Hearing

between 9.30am and 10.00am

 

CA124/21 Pitmain and Glenbanchor Ltd v Adrian Laycock Ltd Anderson Strathern LLPClyde & Co (Scotland) LLP  

 

Thursday 1st December

 

Procedural Hearing

between 9.30am and 10.00am

 

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

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 - Parliament House

 

Wednesday 30th November

 

By Order

 

P289/22 Pet:  Chianti Restaurant Ltd to Wind UpTLT LLP   

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 10 - Parliament House

 

Wednesday 30th November

 

Case Management Hearing

at 9.30am

 

F82/21 Susana Fito v Stephen Drury Drummond Miller LLP Watermans Legal Ltd 

 

Thursday 1st December

 

By Orders

at 9.00am

 

AD26/22 Aberdeen City Council for an application for a Permanence Order re:  CMMAberdeen City Council Rutherford Sheridan Ltd  
AD27/22 Aberdeen City Council for an application for a Permanence Order re:  DDDAberdeen City Council Rutherford Sheridan Ltd  
AD28/22 Aberdeen City Council for an application for a Permanence Order re:  NDAberdeen City Council Rutherford Sheridan Ltd  

 

Friday 2nd December

 

Case Management Hearing

at 9.00am

 

COS/F69-22 Stacey Tucker v Mark Davies Thorley Stephenson Drummond Miller LLP 

By Order

at 9.00am

 

P765/21 Pet:  Mark Davies to Enforce Part One Order TLT LLP Thorley Stephenson 

Pre-Proof Hearing

at 4.00pm

 

F51/21 David Hogg v Megan Hogg Balfour + Manson LLP  

 

 

LORD HARROWER – S Alexander, Clerk

 

Court 7 - Parliament House

 

Wednesday 30th November

 

Preliminary Hearing

between 9.30am and 10.00am

 

A36/21 Simply Construct (UK) LLP v Orca LGS Solutions Ltd &cT C Young LLP Brodies LLP DWF LLP
COS/CA100-22 Simply Construct (UK) LLP v Orca LGS Solutions Ltd &cT C Young LLP Brodies LLP DWF LLP

 

Thursday 1st December

 

Pre-Proof By Order

between 9.00am and 9.30am

 

CA117/21 Interserve Construction Ltd v Ove Arup & Partners Scotland Ltd Brodies LLP Clyde & Co (Scotland) LLP 

 

 

LORD BRAID – R Hamilton, Clerk

 

Court 7 - Parliament House

 

Tuesday 29th November

 

Pre-Proof Hearing

between 9.00am and 10.00am

 

CA12/22 Arnold Clark Automobiles Ltd v Keyline Civil Specialists LtdDAC Beachcroft Scotland LLPDWF LLP  

Debate

 

CA70/22 Lagan Construction Group Ltd &c v Scot Roads Partnership Project Ltd &cMorton Fraser LLP Burness Paull LLP  

 

Friday 2nd December

 

Continued Preliminary Hearing

between 9.00am and 10.00am

 

CA72/22 Ayr Waste Management Ltd v Enva Scotland Ltd Addleshaw Goddard Shepherd & Wedderburn LLP 

 

 

LORD RICHARDSON – R Hamilton, Clerk

 

Court 7 - Parliament House

 

Thursday 1st December

 

Judicial Review – Substantive Hearing (2 days)

 

P531/22 Kaagobot Ltd &c for Judicial Review Balfour + Manson LLP Gilson Gray LLPBrodies LLP

 

 

TO BE ALLOCATED

 

Wednesday 30th November

 

Continued Judicial Review - Procedural Hearing

 

P555/21 Pet:  Danh Nguyen for Judicial Review Drummond Miller LLP Ledingham Chalmers LLP 

Procedural Hearing

 

A238/19 Louise Wood v Lothian Health Board Drummond Miller LLP NHS Scotland Central Legal Office 

Case Management Hearing

 

A78/21 Louise Eills v Greater Glasgow Health Board Drummond Miller LLP NHS Scotland Central Legal Office 

By Order

In terms of Rule of Court 43.6(3)

 

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

By Order

 

A287/20 Rederij K&T Holland CV XII v Thomas Muir (Rosyth) Ltd Clyde & Co (Scotland) LLPKennedys Scotland  

By Order

 

COS/PD396-21 John Kidd v Dawson Energy Ltd Digby Brown LLPPlexus Law  

 

Thursday 1st December

 

Procedure Roll (2 days)

 

COS/PD252-21 X v Y &c A & W M Urquhart Brodies LLP Lord President’s Private Office
 SGLD Office of the Advocate General 

Judicial Review - Procedural Hearing

 

P576/22 Pet:  Abdulfattah Chamoune for Judicial Review Drummond Miller LLP Office of the Advocate General 

Procedural Hearing

 

A188/19 Eleanor Dumper &c v Fife Health Board Anderson Strathern LLP NHS Scotland Central Legal Office 

By Order

 

A340/21 Tom Welo &c v Gordon Mitchell (Contractors) Ltd Brodies LLPLedingham Chalmers LLP 

By Order

 

COS/PD278-21 Alan Loughridge v Stevenson & Kelly (Roof Trustees) LtdThorntons Law LLP BTO Solicitors LLP  

By Order

 

P48/22 Pet:  David Rutherford for Judicial Factor Shepherd & Wedderburn LLPParty  

 

Friday 2nd December

 

Procedural Hearing

 

A53/16 Elinor Boyes v Greater Glasgow Health Board Morton Fraser LLP NHS Scotland Central Legal Office 

By Order

 

A408/14 Jessie De Sylva v Lorraine McKenzie &c Kennedys Scotland Aberdein Considine & Co 

By Order

 

A100/21 Anthony Girasoli v The Chief Constable of Police Scotland Digby Brown LLP Ledingham Chalmers LLP 

By Order

 

COS/PD461-21 Margaret Coffield &c v Stone Platt Scotland Ltd (86/290) Thompsons Clyde & Co (Scotland) LLP 

Starred Motion

 

A231/21 Veitchi (Holdings) Ltd v Limmer & Trinidad Co Ltd Clyde & Co (Scotland) LLPWeightmans (Scotland) LLP  

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Tuesday 29th November

 

Summar Roll (2 days)

 

XA3/22 Giovanni Guidi against a decision of the Sheriff Principal of Edinburgh Sheriff CourtAddleshaw Goddard Gilson Gray LLP  

 

 

SECOND DIVISION

 

Tuesday 29th November

 

By Order

 

P23/20 Reclaiming Motion (Lady Wise) Pet:  Andrew Brown for Judicial ReviewDrummond Miller LLP SGLD  

 

Wednesday 30th November

 

Summar Roll

at 10.30am

 

A58/21 Reclaiming Motion (Lord Brailsford) Leslie Currie v Susan BlairDrummond Miller LLP Anderson Strathern LLP  

 

Thursday 1st December

 

Summar Roll

at 10.30am

 

P764/21 Reclaiming Motion (Lord Arthurson) Pet:  John Daly for Judicial ReviewDrummond Miller LLP SGLD  

 

 

EXTRA DIVISION

 

Tuesday 29th November

 

Summar Roll

at 10.30am

 

P804/22 Pet:  Matthew McKimmie for application of Trusts under section 1Turcan Connell   

 

 

_________________