SCTSPRINT3

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 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 – 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 &cDrummond Miller LLP
2 A157/21 Multiplex Construction Europe Ltd v Tuv Sud LtdBrodies LLP
3 A71/22 David Alexander Niven v Irene NivenAnderson 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 LtdWomble 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 UKDrummond 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 SigaroudiniaTurcan Connell Party  

Continued Opposed Motion & By Order

at 9.00am

 

A244/21 W & S Frew &c v Jack FrewDavidson Chalmers Stewart LLPRussel & 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 CaponParty 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 & CoTLT 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 LLPGilson Gray LLP  

Friday 13th May

 

Preliminary Hearing

between 9.30am and 10.00am

 

CA18/22 The Social Care Community Partnership v Sakib Rafiq &cHarper 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 BarwellDrummond 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 LtdDAC 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 CouncilMacRoberts LLP Harper MacLeod LLP  

Pre-Proof Hearing

between 9.00am and 9.30am

 

A341/21 Weekett Ltd v Smarter Applications LtdGilson 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 LLPStronachs 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 LLPPollock & McLean  

Friday 13th May

 

Procedural Hearing

between 9.00am and 9.30am

 

CA152/21 TPS Healthcare Group Ltd v United UK Propco 4 SARLMacRoberts 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) LLPMacRoberts LLP

 

 

TO BE ALLOCATED

 

Tuesday 10th May

 

Proof (8 days)

 

A141/19 William Shearer v David McFadyen &c Thorntons Law LLPBrodies 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 PracticeThompsons Brodies LLP  

By Order

In terms of Rule of Court 24.2(4)

 

A103/19 Binn Waste Management Ltd v Topling LtdBLM 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) LLPBLM  

Thursday 12th May

 

By Order

 

PD485/19 F v Francis Moore &c A&WM Urquhart Keoghs Scotland LLPClyde & 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 &cBalfour + 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 &cLindsays 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 LLPLedingham Chalmers LLP  

 

 

EXTRA DIVISION

 

Court 1 – Parliament House

 

Tuesday 10th May

 

Procedural Hearing

 

P23/20 Reclaiming Motion (Lady Wise) Andrew Brown for Judicial ReviewDrummond Miller LLP SGLD 

 

 

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