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Monday 25th April 2022

 

Issue No. 148

 

 

C O N T E N T S

 

 

 
 
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 2nd May 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 3rd May 2022 must be enrolled no later than 4.00pm on Thursday 28th April 2022 and may be opposed until 12:30pm on Friday 29th April 2022.

 

Motions for Wednesday 4th May must be enrolled no later than 4.00pm on Friday 29th April 2022 and may be opposed until 12:30pm on Tuesday 3rd May 2022.

 

Opposition and enrolment dates return to normal thereafter.

 

 

Cases lodged for calling:

 

Cases lodged for calling up to 12:30pm on Friday 29th April 2022 will call on Tuesday 3rd May 2022.

 

Cases lodged for calling after 12:30pm on Friday 29th April 2022 and until 4.00pm that day, will call on Wednesday 4th May 2022.

 

Cases lodged for calling up to 12:30pm on Tuesday 3rd May 2022 will call on Thursday 5th May 2022.

 

Normal service will resume thereafter.

 

 

The CMT Office will be closed due to a Public Holiday on Monday 2nd May 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
27/04/22 29/04/22 03/05/22
28/04/22 03/05/22 04/05/22
29/04/22 04/05/22 05/05/22

 

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 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 - 22nd November 2022

Personal Injury Proofs requiring more than 4 days - 7th February 2023

Ordinary Action Proofs requiring more than 4 days - 14th June 2022

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Monday 25th April

 

1 Petition John Menzies Plc no 1 for sanction of a scheme of arrangement pursuant to Part 26 of the Companies Act 2006DLA Piper Scotland LLP
2 Petition John Menzies Plc no 2 for sanction of a scheme of arrangement pursuant to Part 26 of the Companies Act 2006DLA 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.

 

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

LORD BRAILSFORD – N Marchant, Clerk

 

Wednesday 27th April

 

By Order

at 9.00am

 

P17/22 Pet:  HS for orders re:  Child Abduction Family Law MattersDrummond Miller LLP  

Continued Starred Motion

at 9.15am

 

A244/21 W&S Frew &c v Jack Frew Davidson Chalmers Stewart LLPRussel & Aitken LLP  

 


 

LORD CLARK – L Cranston, Clerk

 

Wednesday 27th April

 

Oral Hearing

between 9.30am and 10.00am

 

P968/21 Pet:  Asongacha Leke for Judicial Review Drummond Miller LLP Office of the Advocate General 

 

 

LORD ERICHT – D Facchini, Clerk

 

Wednesday 27th April

 

Continued Procedural Hearing

between 9.00am and 10.00am

 

A207/21 Novamedia BV &c v Super Marketing Worldwide Ltd Thorntons Law LLP Burness Paull LLP 

Proof Before Answer (day 1)

 

CA109/21 Christopher Frizell v Martin Aitken Financial Services LtdStronachs DWF LLP  

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Wednesday 27th April

 

Case Management Hearing

at 9.00am

 

F11/22 Danielle MacGregor v Roderick MacGregor Gilson Gray LLP Harper MacLeod LLP 

Starred Motion

at 9.30am

 

F34/22 Bethanie Durrani v Omar Durrani DAC Beachcroft Scotland LLPSKO Family Law  

 

 

LORD BRAID – L Cranston, Clerk

 

Wednesday 27th April

 

By Order

between 9.00am and 9.30am

 

CA11/22 The Firm of C&L Mair v Mike Dewis Farm Systems Ltd DAC Beachcroft Scotland LLPPollock & McLean  

By Order

between 9.30am and 10.00am

 

CA103/21 Maureen Taylor v South Lanarkshire Council DAC Beachcroft Scotland LLPLeddingham Chalmers LLP 

 

 

TO BE ALLOCATED

 

Wednesday 27th April

 

Procedural Hearing

 

A292/18 Shona Foreman v Forth Valley Health BoardDAC Beachcroft Scotland LLP NHS Scotland Central Legal Office 

Procedural Hearing

 

A384/19 Pamela Shankland v Greater Glasgow & Clyde Health BoardJones Whyte Law NHS Scotland Central Legal Office 

By Order (Adjustment) Roll

 

A172/19 Myra Boyle v Lanarkshire Health BoardDrummond Miller LLP NHS Scotland Central Legal Office 

By Order

In terms of Rule of Court 43.6(3)

 

PD383/20 Valerie Brown &c v Evelyn Skelton &cDigby Brown LLP Anderson Strathern LLP 

By Order

 

PD194/20 Steven Cargill v Nicol & Andrew (MSPE) LtdDigby Brown LLP DWF LLP  

By Order

 

A149/21 Morag McMilan v Grampian Health BoardLindsays LLP NHS Scotland Central Legal Office 

 

 

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INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Wednesday 27th April

 

Procedural Hearing

 

XA70/21 Mark Pattinson v John Matheson Currie Gilmour & CoParty  

 

 

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