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 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.
_______________
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) Ltd | Brodies 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 claim | Drummond 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 1 | Turcan 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 Council | Morton Fraser LLP | Drummond 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 Connell | Party | |
By Orders
at 9.30am
| AD29/22 Aberdeen City Council for a Permanence Order re: JRG | Aberdeen City Council | Thorley Stephenson | |
| AD30/22 Aberdeen City Council for a Permanence Order re: KG | Aberdeen City Council | Thorley Stephenson | |
LORD CLARK – C Munn, Clerk
Court 6 - Parliament House
Tuesday 29th November
Proof (4 days)
| COS/PD482-20 Donald McGregor v British Airways Plc | Allan McDougall | BLM | |
Wednesday 30th November
Continued Procedural Hearing
between 9.30am and 10.00am
| CA124/21 Pitmain and Glenbanchor Ltd v Adrian Laycock Ltd | Anderson Strathern LLP | Clyde & 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 LLP | Balfour + Manson LLP | Drummond Miller LLP |
| | Davidson Chalmers Stewart LLP | A & 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 Up | TLT 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: CMM | Aberdeen City Council | Rutherford Sheridan Ltd | |
| AD27/22 Aberdeen City Council for an application for a Permanence Order re: DDD | Aberdeen City Council | Rutherford Sheridan Ltd | |
| AD28/22 Aberdeen City Council for an application for a Permanence Order re: ND | Aberdeen 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 &c | T C Young LLP | Brodies LLP | DWF LLP |
| COS/CA100-22 Simply Construct (UK) LLP v Orca LGS Solutions Ltd &c | T 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 Ltd | DAC Beachcroft Scotland LLP | DWF LLP | |
Debate
| CA70/22 Lagan Construction Group Ltd &c v Scot Roads Partnership Project Ltd &c | Morton 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 LLP | Brodies 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 LLP | Clyde & Co (Scotland) LLP |
By Order
| A287/20 Rederij K&T Holland CV XII v Thomas Muir (Rosyth) Ltd | Clyde & Co (Scotland) LLP | Kennedys Scotland | |
By Order
| COS/PD396-21 John Kidd v Dawson Energy Ltd | Digby Brown LLP | Plexus 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 LLP | Ledingham Chalmers LLP | |
By Order
| COS/PD278-21 Alan Loughridge v Stevenson & Kelly (Roof Trustees) Ltd | Thorntons Law LLP | BTO Solicitors LLP | |
By Order
| P48/22 Pet: David Rutherford for Judicial Factor | Shepherd & Wedderburn LLP | Party | |
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) LLP | Weightmans (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 Court | Addleshaw Goddard | Gilson Gray LLP | |
SECOND DIVISION
Tuesday 29th November
By Order
| P23/20 Reclaiming Motion (Lady Wise) Pet: Andrew Brown for Judicial Review | Drummond Miller LLP | SGLD | |
Wednesday 30th November
Summar Roll
at 10.30am
| A58/21 Reclaiming Motion (Lord Brailsford) Leslie Currie v Susan Blair | Drummond Miller LLP | Anderson Strathern LLP | |
Thursday 1st December
Summar Roll
at 10.30am
| P764/21 Reclaiming Motion (Lord Arthurson) Pet: John Daly for Judicial Review | Drummond Miller LLP | SGLD | |
EXTRA DIVISION
Tuesday 29th November
Summar Roll
at 10.30am
| P804/22 Pet: Matthew McKimmie for application of Trusts under section 1 | Turcan Connell | | |
_________________