Tuesday 29th November 2022
Issue No. 47
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.
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F I X I N G 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 – 4th July 2023
Personal Injury Proofs requiring more than 4 days - 15th August 2023
Ordinary Action Proofs requiring more than 4 days - 24th January 2023
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COURT OF SESSION
CALLING LIST
Tuesday 29th November
| 1 | A306/21 Multiplex Construction Europe Ltd v British Gas Trading Ltd | Brodies LLP |
| 2 | A308/21 Multiplex Construction Europe Ltd v Charles Henshaw & Sons Ltd | Brodies LLP |
| 3 | PD495/22 Angela McGill &c v Forth Valley Health Board | Slater & Gordon Lawyers |
| 4 | PD469/22 Mary Herron or Gaw &c v Jordan Lawrence &c | Digby Brown LLP |
| 5 | PD490/22 Roderick Finlayson &c v Alban Wine Ltd | The Conway Accident Law Practice |
| 6 | PD502/22 William Sloan &c v Lanarkshire Health Board | Jones Whyte Law |
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COURT OF SESSION
WALLING LIST
Tuesday 29th November
| 1 | Petition | POUNTNEY NOMINEES 1 LIMITED (a non-cellular company limited by shares incorporated in Guernsey with registered number 66145) whose registered office is at PO Box 255, Trafalgar Court, Les Banques, St. Peter Port, Guernsey GY1 3QL and POUNTNEY NOMINEES 2 LIMITED (a non-cellular company limited by shares incorporated in Guernsey with registered number 66147) whose registered office is at PO Box 255, Trafalgar Court, Les Banques, St. Peter Port, Guernsey GY1 3QL both as nominees for Northern Trust (Guernsey) Limited (a company incorporated in Guernsey with registered number 2651) and whose registered office is at PO Box 71, Trafalgar Court, Le Banques, St Peter Port, Guernsey, GY1 3DA acting in its capacity as trustee of the Dunaskin Unit Trust
POUNTNEY NOMINEES 1 LIMITED and POUNTNEY NOMINEES 2 LIMITED both as nominees for Northern Trust (Guernsey) Limited acting in its capacity as trustee of the Dunaskin Unit Trust for rectification of Disposition and the Land Register of Scotland | CMS |
| 2 | Petition | Hogir Salih Ahmad for Judicial review of a decision by the Secretary of State for the Home Department to treat the Petitioner’s asylum claim as withdrawn | Drummond Miller LLP (for Maguire and Co Solicitors, Glasgow) |
| 3 | Petition | Christopher Aubrey Hamilton Wills, Tara John Douglas-Home, and Gillespie Macandrew (Trustees) Limited, the Trustees of the 14th Earl of Home’s Discretionary Trust, known as Trust A for approval of an arrangement under the Trusts (Scotland) Act 1961, Section 1 | Gillespie Macandrew LLP |
| 4 | Petition | Mohammed Sabidur Rahman for Judicial Review of decision by the Secretary of State for the Home Department | Drummond Miller LLP (for Rahman, Barlow & Hassan Ltd, Glasgow) |
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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.
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OUTER HOUSE ROLLS
LORD CLARK – C Munn, Clerk
Court 6 - Parliament House
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 | | |
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 | |
LADY CARMICHAEL – N Marchant, Clerk
Court 10 - Parliament House
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 | |
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 | |
LORD HARROWER – S Alexander, Clerk
Court 7 - Parliament House
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 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
Thursday 1st December
By Order
| P48/22 Pet: David Rutherford for Judicial Factor | Shepherd & Wedderburn LLP | Party | |
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INNER HOUSE ROLLS
SECOND DIVISION
Thursday 1st December
Summar Roll
at 10.30am
| P764/21 Reclaiming Motion (Lord Arthurson) Pet: John Daly for Judicial Review | Drummond Miller LLP | SGLD | |
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