SCTSPRINT3

Thursday 19th May 2022

 

Issue No. 165

 

 

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 public holidays on Thursday 2nd June and Friday 3rd June, both 2022.

 

Please see below dates for information on motions and callings.

 

 

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 Wednesday 1st June 2022 must be enrolled no later than 4.00pm on Monday 30th May 2022 and may be opposed until 12:30pm on Tuesday 31st May 2022.

 

Motions for Tuesday 7th June 2022 must be enrolled no later than 4.00pm on Wednesday 1st June 2022 and may be opposed until 12:30pm on Monday 6th June 2022.

 

Motions for Wednesday 8th June 2022 must be enrolled no later than 4.00pm on Monday 6th June 2022 and may be opposed until 12:30pm on Tuesday 7th June 2022.

 

Opposition and enrolment dates return to normal thereafter.

 

 

Cases lodged for calling;

 

Cases lodged for calling after 12:30pm on Monday 30th May and up to 12.30pm on Wednesday 1st June 2022 will call on Tuesday 7th June 2022.

 

Cases lodged for calling after 12:30pm on Wednesday 1st June 2022 and up to 12.30pm on Monday 6th June 2022 will call on Wednesday 8th June 2022.

 

Normal service will resume thereafter.

 


 

N O T I C E

 

 

The CMT Office will be closed due to a Public Holiday on Thursday 2nd and Friday 3rd June 2022.

 

Please find below details of intimation, opposition and enrolment dates to accommodate the public holiday listed above.

 

Intimation date Opposition Date Motion Lodged Date
27/05/22 31/05/22 01/06/22
30/05/22 01/06/22 06/06/22
31/05/22 06/06/22 07/06/22
01/06/22 07/06/22 08/06/22
06/06/22 08/06/22 09/06/22

 

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 the Auditor is now part of the SCTS which will result in a change of practice in relation to the feeing of an account of expenses when it is lodged.

 

With effect from Monday 16th May 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 Account of Expenses 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 myself on the contact details below.

 

Many thanks,

 

John Hutchison, Office Manager, Court of Session

Tel:  0131 240 6667

jhutchison3@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 - 20th December 2022

Personal Injury Proofs requiring more than 4 days - 21st March 2023

Ordinary Action Proofs requiring more than 4 days - 12th July 2022

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Thursday 19th May

 

1 F44/21 David Clark v Tana GarciaTurcan Connell
2 COS/PD95-22 Robert Creaney v CCG (Scotland) LtdDigby Brown LLP

 

 

_________________

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Thursday 19th May

 

1 Petition The Nursing and Midwifery Council for an extension of the period of an Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 6 months to 29 December 2022N/A
2 Petition Graham Coutts for Judicial Review of the failure to arrange for his transfer to Scotland by the Scottish MinistersDrummond Miller 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.

 

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

LORD TURNBULL – D Facchini, Clerk

 

Thursday 26th May

 

Case Management Hearing

 

A189/21 Liuflr Wilde &c v Fife Health Board Balfour + Manson LLP NHS Scotland Central Legal Office 

By Order

In terms of Rule of Court 43.6(3)

 

PD39/20 Steven Fraser v Andrei Sinizieanu &c Harper MacLeod LLPClyde & Co (Scotland) LLP  

By Order

In terms of Rule of Court 43.6(3) & Starred Motion

 

COS/PD216-21 C v Norman Shaw &c Slater Gordon Scotland LtdBLM  

Starred Motion

 

COS/PD219-21 C v Norman Shaw &c Slater Gordon Scotland LtdBLM  

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD442-21 George Robertson &c v Secretary of State for Business, Energy & Industrial StrategyThompsons Clyde & Co (Scotland) LLP  

 

 

LORD TYRE – H Groves, Clerk

 

Tuesday 24th May

 

Proof (4 days)

 

COS/PD358-21 Margaret McKenzie &c v Curdens (Milton Keynes) LtdThompsonsBLM  

Pre-Proof Hearing

 

PD359/19 Wojciech Kosno v Dean Robertson Digby Brown LLP DAC Beachcroft Scotland LLP 

Case Management Hearing

 

A162/20 Carly Wilson v Lothian Health Board Balfour + Manson LLP NHS Scotland Central Legal Office 

 

Wednesday 25th May

 

By Order

 

A103/16 Denis Boyle v National Waiting Times Centre Board Drummond Miller LLP NHS Scotland Central Legal Office 

By Order

 

A63/19 Peter Swanson t/a P & J Swanson (A Firm) v Towergate Underwriting Group LtdBrodies LLP Kennedys Scotland  

By Order

 

A17/22 Edyta Moroz-Gronek v Engie Regeneration LtdKennedys Scotland Digby Brown LLP  

 

Thursday 26th May

 

By Order

 

PD412/17 Eric Piper v Helix Wells Ops (UK) Ltd Thompsons Clyde & Co (Scotland) LLP 

By Order

 

COS/PD217-21 Margaret Russel &c v AXA Insurance UK Plc Lyons Davidson Scotland LLP DAC Beachcroft Scotland LLP 

Starred Motion

 

A312/20 Lagan Asphalt (UK) Ltd v Ferrovial Construction (UK) Ltd T C Young LLPBurness Paull LLP  

Starred Motion

 

COS/PD477-21 Sarah Graham v George Bryceland &c Balfour + Manson LLPClyde & Co (Scotland) LLP 

 

Friday 27th May

 

By Order

 

PD446/19 Tracey McKenzie &c v John Hutchison &c Digby Brown LLP Clyde & Co (Scotland) LLP 

Starred Motion

 

A595/15 SP Power Systems Ltd v Prysmian Cables & Systems Ltd Shepherd & Wedderburn LLPBurness Paull LLP  

By Order

 

COS/PD191-21 Leigh Morrison &c v Upper Clyde Shipbuilding Ltd Thompsons Clyde & Co (Scotland) LLP 

 

 

LORD CLARK – L Cranston, Clerk

 

Monday 23rd May

 

Hearing on Petition and Answers

 

P578/21 Pet:  Robert Bartosik for orders und section 167 of Data Protection ActParty Ledingham Chalmers LLP  

 

Thursday 26th May

 

Continued Procedural Hearing

between 9.30am and 10.00am

 

CA106/19 Jet Logic Ltd v The Private Jet Boutique Ltd &c Aberdein Considine & CoBalfour + Manson LLP  

 

Friday 27th May

 

Pre-Proof By Order

between 9.30am and 10.00am

 

CA122/20 Thermaflow Ltd v Graham Engineering Ltd DAC Beachcroft Scotland LLPRussel & Aitken LLP  

Pre-Proof By Order

between 10.00am and 10.30am

 

CA53/20 Christopher Moran Holdings Ltd v Roderick Scarborough Brodies LLP Radar (Scotland) Ltd 

 

 

LORD ERICHT – D Facchini, Clerk

 

Tuesday 24th May

 

By Order

between 9.00am and 9.30am

 

CA29/21 Centenary 6 Ltd v TLT LLPHarper MacLeod LLP DAC Beachcroft Scotland LLP 

By Order

between 10.00am and 10.30am

 

P1033/21 Pet:  Murtaza Karim re:  orders under section 1096 Companies Act 2006Party   

Continued Procedural Hearing

 

A360/17 David Bamberger v Isaac Bamberger &cTurcan Connell Ennova Law 

 

Wednesday 25th May

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA30/22 Exim Kabel Kereskedelmi KFT v Emetelle UK LtdAddleshaw Goddard LLPDentons UK and Middle East  

Hearing on Petition and Answers

 

P158/22 Pet:  BMO Managed Portfolio Trust for the reduction of its share premium accountGilson Gray LLP   

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Tuesday 24th May

 

Case Management Hearing

at 9.30am

 

F10/22 Anne McCall v Graham McCallDrummond Miller LLP Turcan Connell  

Proof (4 days)

 

COS/PD124-21 Ian Bowen v Wood Group UK Ltd Balfour + Manson LLPBLM  

 

Wednesday 25th May

 

Case Management Hearing

at 9.00am

 

F22/22 James Durno v Joy DurnoPatience & BuchanJohnson Legal  

By Orders

at 9.30am

 

AD6/22 Aberdeen City Council for application for a Permanence Order re:  KRWAberdeen City Council   
AD7/22 Aberdeen City Council for application for a Permanence Order re:  BRWAberdeen City Council   

 

Thursday 26th May

 

Pre-Proof Hearing

at 9.00am

 

F66/18 Anna Leckie v Peter Leckie Turcan ConnellBrodies LLP  

Case Management Hearing and Starred Motion

at 9.30am

 

F18/22 Lynsey Bertram v Duncan BertramBrodies LLP Blackadders LLP  

Procedural Hearing

 

P151/22 Pet:  Paul Thomson for Judicial Review Drummond Miller LLP NHS Scotland Central Legal Office 

In terms of Rule of Court 49, a proof has been allowed in the following actions:

 

F34/22 Bethanie Durrani v Omar Durrani DAC Beachcroft Scotland LLPSKO Family Law Specialists  
COS/F43-22 Alison Moore v Sean Moore Morton Fraser LLPLindsays LLP  

 

Friday 27th May

 

By Order

at 9.00am

 

F85/20 Zaheya Afeer &c v Bayna Noora &cMorton Fraser LLP Balfour + Manson LLP Clan Childlaw
 Anderson Strathern LLP  

By Order

at 9.30am

 

F21/19 Golbas Haidari v Rezadad Sezegar Drummond Miller LLPTLT LLP  

 

 

LORD HARROWER – E Hunter, Clerk

 

Thursday 26th May

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA19/22 John Feeney v Robyn Feeney &c Thorntons Law LLP DAC Beachcroft Scotland LLP 

 

Friday 27th May

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA29/22 Jessie Russell v Southfield Properties Ltd Harper MacLeod LLPCampbell Smith LLP  

Substantive Hearing

 

P673/21 Pet:  Mark MacDonald for Judicial Review Drummond Miller LLPSGLD  

 

 

TO BE ALLOCATED

 

Friday 27th May

 

By Order

In terms of Rule of Court 43.6(3)

 

PD34/20 Thomas Holmes v Housefix Scotland Ltd Digby Brown LLP DAC Beachcroft Scotland LLP 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD56-21 Sean McLachlan v Woodbank Farm Ltd t/a Allan W Clark & Sons Digby Brown LLP DAC Beachcroft Scotland LLP 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD383-21 Joseph Davidson v NHS Ayrshire & Arran Jones Whyte NHS Scotland Central Legal Office 

By Order

In terms of Rule of Court 24.2(4)

 

PD127/20 Garry Ellicot &c v Dunfermline & West Fife Laundry Ltd Digby Brown LLP Clyde & Co (Scotland) LLP 

 

 

_________________

 

 


 

INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Friday 27th May

 

Summar Roll

 

GP3/21 Reclaiming Motion (Lord Weir) Thompsons Solicitors Scotland v James Finlay (Kenya) LtdThompsons BLM  

 

 

EXTRA DIVISION

 

Tuesday 24th May

 

Single Bill

 

COS/PD167-21 Reclaiming Motion (Lady Wise) Marguerite Henderson v Benarty Medical Practice &cParty MDDUS  

 

Wednesday 25th May

 

Single Bill

at 10.30am

 

XA26/22 Philip Samson for leave to appeal against a decision of the Sheriff Appeal Court MacDonald Henderson LtdClyde & Co (Scotland) LLP  

 

 

_________________