Thursday 5th May 2022
Issue No. 155
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
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 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 – 6th December 2022
Personal Injury Proofs requiring more than 4 days - 7th February 2023
Ordinary Action Proofs requiring more than 4 days – 28th June 2022
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COURT OF SESSION
CALLING LIST
Thursday 5th May
| 1 | A60/22 Joseph Mearns v John Fox &c | Drummond Miller LLP |
| 2 | A157/21 Multiplex Construction Europe Ltd v Tuv Sud Ltd | Brodies LLP |
| 3 | A71/22 David Alexander Niven v Irene Niven | Anderson Strathern LLP |
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COURT OF SESSION
WALLING LIST
Thursday 5th May
| 1 | Petition | Her Majesty’s Secretary of State for Business, Energy and Industrial Strategy for a winding up order in respect of Harrington Property Services Ltd | Womble Bond Dickinson (UK) LLP |
| 2 | Petition | Usman Saeed for Judicial Review of a decision of the Secretary of State for the Home Department to refuse to grant the Petitioner a visa to visit the UK | Drummond Miller LLP |
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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 BRAILSFORD – TBC, Clerk
Court – Parliament House
Wednesday 11th May
By Order
at 9.00am
| F126/15 Kave Sigaroudinia v Catherine Sigaroudinia | Turcan Connell | Party | |
Continued Opposed Motion & By Order
at 9.00am
| A244/21 W & S Frew &c v Jack Frew | Davidson Chalmers Stewart LLP | Russel & Aitken LLP | |
Thursday 12th May
Case Management Hearing
at 9.00am
| F12/22 Stephanie Grant v George Grant | MacRoberts LLP | Balfour + Manson LLP | |
Pre-Proof Hearing
at 9.30am
| F88/21 Stephen Capon v Marcia Capon | Party | Thorntons Law LLP | |
Friday 13th May
Case Management Hearing and Continued Starred Motion
at 9.00am
| F14/22 Claire Gallagher v Philip Gallagher | BTO Solicitors LLP | Harper MacLeod LLP | |
LORD CLARK – L Cranston, Clerk
Court 7 – Parliament House
Tuesday 10th May
Debate
| P922/21 Pet: Note - West Larkin Ltd for orders in terms of the Insolvency Act 1986 | Curries Gilmour & Co | TLT LLP | BLM Solicitors |
Thursday 12th May
Starred Motion
between 9.30am and 11.30am
| CA32/22 Earls Gate Energy Centre Ltd v CNIM (Earls Gate) | Pinsent Masons LLP | | |
LORD ERICHT – D Facchini, Clerk
Court 8 – Parliament House
Tuesday 10th May
Starred Motion
| CA35/21 David Tanner v E Moss Ltd | Brodies LLP | Shoosmiths LLP | |
Wednesday 11th May
Starred Motion
between 10.00am and 1.00pm
| CA4/22 Leander CB Consultant Ltd V Bogside Investment &c | DAC Beachcroft LLP | Gilson Gray LLP | |
Friday 13th May
Preliminary Hearing
between 9.30am and 10.00am
| CA18/22 The Social Care Community Partnership v Sakib Rafiq &c | Harper MacLeod LLP | Party | MacRoberts LLP |
LADY CARMICHAEL – A Harkins, Clerk
Court 11 – Parliament House
Tuesday 10th May
Starred Motion
at 9.00am
| F18/22 Lynsey Bertram v Duncan Bertram | Brodies LLP | Blackadders LLP | |
Thursday 12th May
Case Management Hearing
at 9.30am
| F9/22 Salaha Ahmad v Zulifqar Ahmad | Balfour + Manson LLP | SKO Family Law | |
Friday 13th May
By Order
at 9.30am
| F3/21 Amanda Brett v Travis Barwell | Drummond Miller LLP | Party | |
LORD ARTHURSON – C Munn, Clerk
Court – Parliament House
Monday 9th May
Starred Motion
at 9.00am
| A229/20 AB v Celtic Plc | Thompsons | Clyde & Co (Scotland) LLP | |
Friday 13th May
Procedural Hearing
at 9.00am
| P50/22 Pet: Glen McNicol for Judicial Review | Drummond Miller LLP | NHS Scotland Central Legal Office | |
LORD HARROWER – S Alexander/H Groves, Clerk
Court 6 – Parliament House
Wednesday 11th May
Continued Procedural Hearing
between 9.00am and 9.30am
| CA118/21 Acre Industrial & Cleaning Services Ltd v SLG Technology Ltd | DAC Beachcroft Scotland LLP | Brodies LLP | |
LORD BRAID – R Hamilton, Clerk
Court 10 – Parliament House
Tuesday 10th May
By Order
between 9.00am and 9.30am
| CA89/21 William Hill &c v Apleona HSG Ltd | Pinsent Masons LLP | Curle Stewart Ltd | |
Proof (8 days)
| CA18/21 Cour Ltd v Murray Beith Murray | Shepherd & Wedderburn LLP | BTO Solicitors LLP | |
Wednesday 11th May
Pre-Proof Hearing
between 9.00am and 9.30am
| CA35/20 William Munro Construction (Highland) Ltd v Highland Council | MacRoberts LLP | Harper MacLeod LLP | |
Pre-Proof Hearing
between 9.00am and 9.30am
| A341/21 Weekett Ltd v Smarter Applications Ltd | Gilson Gray LLP | CMS Cameron McKenna LLP | |
Starred Motion
between 9.30am and 10.00am
| A243/20 BC Banca Sociala SA v Fortunda United LP | Dentons UK and Middle East LLP | | |
Thursday 12th May
Procedural Hearing
between 9.00am and 9.30am
| CA7/21 Andrew Marr International Ltd v John Tait &c | Addleshaw Goddard | Davidson Chalmers Stewart LLP | Stronachs LLP |
Procedural Hearing
between 9.30am and 10.00am
| CA11/22 The Firm of C&L Mair v Mike Dewis Farm Systems Ltd | DAC Beachcroft Scotland LLP | Pollock & McLean | |
Friday 13th May
Procedural Hearing
between 9.00am and 9.30am
| CA152/21 TPS Healthcare Group Ltd v United UK Propco 4 SARL | MacRoberts LLP | DWF LLP | |
Procedural Hearing
between 9.30am and 10.00am
| CA134/21 Peterhead Port Authority v Hunter Construction &c | DWF LLP | Clyde & Co (Scotland) LLP | MacRoberts LLP |
TO BE ALLOCATED
Tuesday 10th May
Proof (8 days)
| A141/19 William Shearer v David McFadyen &c | Thorntons Law LLP | Brodies LLP | NHS Scotland Central Legal Office |
Proof (4 days)
| A201/20 Arthurlie Bowling Club &c v East Renfrewshire Council | Ledingham Chalmers | Clyde & Co (Scotland) LLP | |
Wednesday 11th May
By Order Adjustment
| A447/17 Mark Artherton v Cannons Law Practice | Thompsons | Brodies LLP | |
By Order
In terms of Rule of Court 24.2(4)
| A103/19 Binn Waste Management Ltd v Topling Ltd | BLM | Plexus Law | |
By Order
| A58/20 Ashleigh Fletcher &c v SP Power Systems Ltd | Thorntons Law LLP | Shepherd & Wedderburn LLP | |
By Order
| A231/21 Veitchi (Holdings) Ltd v Limmer & Trinidad Co Ltd | Clyde & Co (Scotland) LLP | BLM | |
Thursday 12th May
By Order
| PD485/19 F v Francis Moore &c | A&WM Urquhart | Keoghs Scotland LLP | Clyde & Co (Scotland) LLP |
| | BTO Solicitors LLP | | |
By Order
| COS-PD445/21 George Millar v G&S Robertson Ltd | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
By Order
| COS-PD57/21 Carole Watson &c v Finnieston Street Investments Ltd &c | Balfour + Manson LLP | Keoghs Scotland LLP | BTO Solicitors LLP |
Friday 13th May
Procedural Hearing
| P1034/21 Pet: Chioma Ojinna for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
By Order
In terms of Rule of Court 43.6(3)
| COS-PD490/21 Janette Law &c v Carillion Construction (Contracts) Ltd &c | Lindsays LLP | BLM | |
By Order
In terms of Rule of Court 43.6(3)
| COS-PD26/21 Margaret Welsh &c v GPT Realisations Ltd &c | Thompsons | BLM | Horwich Farrelly Scotland |
By Order
| PD516/19 Pervaiz Aslam &c v Secretary of State for Business, Energy and Industrial Strategy | Thompsons | Clyde & Co (Scotland) LLP | |
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INNER HOUSE ROLLS
FIRST DIVISION
Court 1 – Parliament House
Friday 13th May
Summar Roll
| XA50/21 J&S Wright Ltd against a decision of Land Court | Harper MacLeod LLP | Ledingham Chalmers LLP | |
EXTRA DIVISION
Court 1 – Parliament House
Tuesday 10th May
Procedural Hearing
| P23/20 Reclaiming Motion (Lady Wise) Andrew Brown for Judicial Review | Drummond Miller LLP | SGLD | |
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