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Friday 12th April 2024

 

Issue No. 140

 

and

 

Monday 15th April 2024

 

Issue No. 141

 

C O N T E N T S

 

Friday 12th April
Notices
Fixing Notice
Calling List
Outer House Rolls (Adjustment)
Notice
Outer House Rolls
Inner House Rolls
Monday 15th April
Notices
Fixing Notice
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 April and 15th 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.

 

 

 

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 – 12th November 2024

Personal Injury Proofs requiring more than 4 days – 10th June 2025

Ordinary Action Proofs requiring more than 4 days – 16th July 2024

 

 

 

_______________


 

COURT OF SESSION

 

 

CALLING LIST

 

Friday 12th April

 

1 COS/PD131-24 Andrew Currie v Kendrick Computing PLC
 
Thompsons
2 COS/CA7-24 Barry Stewart &c, as Joint Liquidators of One Call Holdings Ltd (in Liquidation) v Mario Formisano
 
BBM Solicitors Limited
3 COS/F100-23 Jamie Hargreaves v Melissa Cooney
 
Balfour + Manson LLP
 
4 COS/PD138-24 Mark Hughes v EPS Services & Tooling Ltd Digby Brown LLP

 

 

 

_________________


 

OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 10th April 2024 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 5th June 2024.

 

 

1 A248/23 Henderson & Jones Ltd v Gibson McKerrell Brown
 
Burness Paul LLP BTO Solicitors LLP  
2 A212/22 AQ1 Properties Ltd v Ingram Architecture and Design Ltd CMS Clyde & Co 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 ERICHT – C Wright, Clerk

 

Court 11 - Parliament House

 

Tuesday 16th April

 

Proof (8 days)

 

A223/20 Hassan Qasim v Vision Express (UK) Ltd &c Anderson Strathern LLP Clyde & Co (Scotland) LLP  

 

 


 

LORD HARROWER – C Wright, Clerk

 

Parliament House

 

Monday 15th April

 

Judicial Review – Oral Hearing

at 9.30am

 

COS-P1176/23 Pet:  Shno Abubakr for Judicial Review Drummond Miller LLP
 
Office of the Advocate General  

 

 


 

LORD BRAID – N Marchant, Clerk

 

Court 6 - Parliament House

 

Tuesday 16th April

 

By Order

between 9.30am and 10.00am

 

COS-CA84/22 Kevan Jones &c v Craigton Holdings Ltd Gillespie MacAndrew LLP
 
Campbell Smith LLP  

Proof Before Answer (4 days)

 

GP7/22 Link Group Ltd v Syndicate 4472 at Lloyds &c TC Young LLP CMS  

 


 

LORD SANDISON – L Morgan, Clerk

 

Court 12 - Parliament House

 

Tuesday 16th April

 

Judicial Review – Procedural Hearing

between 9.00am and 9.30am

 

COS-P14/24 Pet:  Caz Rae for Judicial Review Drummond Miller LLP Shepherd & Wedderburn LLP Harper MacLeod LLP
 

Continued Procedural Hearing

between 9.30am and 10.00am

 

COS-CA97/23 Rocep-Lusol Holdings Ltd v Lindal Dispenser GmbH Morton Fraser MacRoberts LLP
 
Burness Paull LLP  

Preliminary Hearing and Starred Motion

between 10.00am and 10.30am

 

COS-CA94/23 Mex Group Worldwide Ltd v Stewart Ford &c Clyde & Co (Scotland) LLP
 
BTO Solicitors LLP Harper MacLeod LLP
  CMS
 
   
COS-P911/23 Mex Group Worldwide Ltd for Section 1 Order Clyde & Co (Scotland) LLP BTO Solicitors LLP  

 

 

 

_______________

INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Tuesday 16th April

 

Procedural Hearing

 

P625/22 Reclaiming Motion (Lord Young) Pet:  Redcroft Care Homes Ltd for Judicial Review BTO Solicitors LLP City of Edinburgh Council  

 

 

 

_______________


 

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.

 

 

 

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 – 12th November 2024

Personal Injury Proofs requiring more than 4 days – 10th June 2025

Ordinary Action Proofs requiring more than 4 days – 16th July 2024

 

 

 

_______________


 

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 ERICHT – C Wright, Clerk

 

Court 11 - Parliament House

 

Wednesday 17th April

 

Case Management Hearing

 

A96/21 Kirstie McKie v Tayside Health Board Jackson Boyd LLP NHS Scotland Central Legal Office  

 

 


 

LORD FAIRLEY – A McNeill, Clerk

 

Parliament House

 

Wednesday 17th April

 

Judicial Review – Oral Hearing

at 9.30am

 

COS-P1138/23 Pet:  Duong Nguyen for Judicial Review Drummond Miller LLP Ledingham Chalmers LLP  

 

 


 

LADY POOLE – S Alexander, Clerk

 

Court 10 - Parliament House

 

Wednesday 17th April

 

By Order

In terms of Rule of Court 43.6(3)

 

COS-PD510/22 Maureen Gilmour &c v Inveresk Group Ltd Thompsons Clyde & Co (Scotland) LLP  

 

 


 

LORD BRAID – N Marchant, Clerk

 

Court 6 - Parliament House

 

Wednesday 17th April

 

Case Management Hearing

between 9.00am and 9.30am

 

A94/21 Nikki Grant v NHS Lanarkshire Health Board Digby Brown LLP NHS Scotland Central Legal Office
 
 

By Order

between 9.30am and 10.00am

 

CA2/22 Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd Morton Fraser MacRoberts LLP DAC Beachcroft Scotland LLP  

 

 


 

LORD SANDISON – L Morgan, Clerk

 

Court 12 - Parliament House

 

Wednesday 17th April

 

Procedural Hearing

between 9.00am and 9.30am

 

COS-CA4/23 Scottish Water v Beatsons Building Supplies Ltd &c Clyde & Co (Scotland) LLP DAC Beachcroft Scotland LLP
 
Kennedys Scotland
  John Jackson & Dick Ltd
 
   

Continued Preliminary Hearing

between 9.30am and 10.00am

 

COS-CA102/23 REX Property Developments Ltd v Onestop Access (Scotland) Ltd Harper MacLeod LLP TC Young LLP  

 

 

 

_______________


 

INNER HOUSE ROLLS

 

 

SECOND DIVISION

 

Wednesday 17th April

 

Summar Roll

 

COS-P985/23 Reclaiming Motion (Lady Carmichael) Pet:  Presiding Coroner of Northern Ireland re ‘Soldier F’ Balfour + Manson LLP Burnett Christie Knowles McCourts  

 

 

 

_______________