SCTSPRINT3

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 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.

 

 

 

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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 LtdBrodies LLP
2 A308/21 Multiplex Construction Europe Ltd v Charles Henshaw & Sons LtdBrodies LLP
3 PD495/22 Angela McGill &c v Forth Valley Health BoardSlater & Gordon Lawyers
4 PD469/22 Mary Herron or Gaw &c v Jordan Lawrence &cDigby Brown LLP
5 PD490/22 Roderick Finlayson &c v Alban Wine LtdThe 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 1Gillespie 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 LLPBalfour + Manson LLP Drummond Miller LLP
 Davidson Chalmers Stewart LLPA & 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:  CMMAberdeen City Council Rutherford Sheridan Ltd  
AD27/22 Aberdeen City Council for an application for a Permanence Order re:  DDDAberdeen 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 LLPLedingham 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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