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Thursday 21st March 2024

 

Issue No. 125

 

 

C O N T E N T S

 

 

 
 
Notices
Fixing Notice
Calling List
Notice
Outer 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 and 15th of 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 - 22nd October 2024

Personal Injury Proofs requiring more than 4 days - 27th May 2025

Ordinary Action Proofs requiring more than 4 days - 25th June 2024

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Thursday 21st March

 

1 COS/PD89-24 Alan Miller v Robert Armstrong-Wilson
 
Digby Brown LLP
 
2 COS/PD62-24 Arlene MacDonald &c v Balfour Beatty Kilpatrick Ltd
 
Thompsons
3 COS/PD32-24 Carolann Johnstone v James Chapman (Butchers) Ltd
 
Digby Brown LLP
4 COS/PD92-24 Ellen Wilson &c v NHS Tayside Health Board
 
Balfour + Manson LLP
5 COS/PD84-24 James Montague v Secretary of State for Business & Industrial Strategy
 
Thompsons
6 COS/PD81-24 V v Highland Council
 
A & WM Urquhart
 

 

 

_________________

 

 

 

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

 

Parliament House

 

Thursday 28th March

 

By Order

at 9.30am

 

COS/PD299-22 David Aspley v Babcock International Ltd Digby Brown LLP Clyde & Co (Scotland) LLP
 
 

 

 

LADY CARMICHAEL – E Hunter, Clerk

 

Court 8 - Parliament House

 

Wednesday 27th March

 

Case Management Hearing

at 9.30am

 

F8/20 Hina Javaid &c v Nabeel Javaid &c SKO Family Law Specialists
 
Party  

 

Thursday 28th March

 

Pre-Proof Hearing

at 9.30am

 

COS/F77-22 Annabel Mackie v Anthony Larkin Franceschi Family Law
 
Gilson Gray LLP  

In terms of Rule of Court 49, a Proof has been allowed in the following action:

 

COS/F6-24 Brian Thomson v Michael Bradley Harper MacLeod LLP
 
Balfour + Manson LLP  

 

 

LORD BRAID – A McNeill/G Hamilton, Clerk

 

Court 7 - Parliament House

 

Wednesday 27th March

 

Continued Preliminary Hearing

between 9.00am and 9.30am

 

COS/CA92-23 Tom Welo &c v Gordon Mitchell (Contractors) Ltd Brodies LLP Ledingham Chalmers LLP
 
 

By Order

between 9.30am and 10.00am

 

P48/22 Pet:  David Rutherford for Judicial Factor Shepherd & Wedderburn LLP
 
Burness Paull LLP Turcan Connell

Case Management Hearing

 

A215/20 Tia Crichton v Highland Health Board Digby Brown LLP NHS Scotland Central Legal Office
 
 

Case Management Hearing

 

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

Starred Motion

 

COS/A154-22 F v Gordon Chalmers &c A & W M Urquhart Keoghs Scotland LLP
 
 

 

Thursday 28th March

 

By Order

between 9.00am and 9.30am

 

COS/CA15-23 RR UK(South) Ltd v The Scottish Ministers
 
Burness Paull LLP Morton Fraser MacRoberts LLP
 
 

Pre-Proof Hearing

between 9.30am and 10.00am

 

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

 

 

LORD SANDISON – R Hamilton, Clerk

 

Court 12 - Parliament House

 

Tuesday 26th March

 

Case Management Hearing

between 9.00am and 9.30am

 

A223/20 Hassan Qasim v Vision Express (UK) Ltd &c Anderson Strathern LLP BLM NHS Scotland Central Legal Office
 
  BTO Solicitors LLP
 
MDDUS  

 

Wednesday 27th March

 

Continued Preliminary Hearing

between 9.00am and 9.30am

 

COS/CA111-23 A.Proctor Group Ltd v Don & Low Ltd MBM Commercial LLP Thorntons Law LLP  

 

Thursday 28th March

 

By Order

between 9.30am and 10.00am

 

COS/PD209-21 Paula Walker v Kevin McKeown
 
Drummond Miller LLP Party  

Starred Motion

between 10.00am and 12.00pm

 

A290/16 Christine Meikle v John Horsey &c
 
Kennedys Scotland BTO Solicitors LLP
 
 

LORD RICHARDSON – D Allen, Clerk

 

Court 6 - Parliament House

 

Tuesday 26th March

 

Continued Proof Before Answer

 

CA16/20 Jonathan Gough v Cannons Law Practice Thompsons DAC Beachcroft Scotland LLP
 
 
CA17/20 Lee Montague-Trenchard v Cannons Law Practice Thompsons DAC Beachcroft Scotland LLP
 
 

 

 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Tuesday 26th March

 

Case Management Hearing

at 9.30am

 

COS/F8-23 Wendy Riddell v Craig Riddell
 
Balfour + Manson LLP Burness Paull LLP  

Proof (6 days)

 

COS/AD11-23 Pet:  Permanence Order in terms of Section 80 of the Adoption and Children (Scotland) Act 2007 re:  TC
 
Highland Council Rutherford Sheridan  
COS/AD13-23 Pet:  Permanence Order in terms of Section 80 of the Adoption and Children (Scotland) Act 2007 re:  WD
 
Highland Council Rutherford Sheridan  
COS/AD14-23 Pet:  Permanence Order in terms of Section 80 of the Adoption and Children (Scotland) Act 2007 re:  JD
 
Highland Council Rutherford Sheridan  
COS/AD15-23 Pet:  Permanence Order in terms of Section 80 of the Adoption and Children (Scotland) Act 2007 re:  SMIBC
 
Highland Council Rutherford Sheridan  

 

Thursday 28th March

 

Pre-Proof Hearing

at 9.30am

 

COS/F52-23 Aileen Curle v Gareth Curle Brodies LLP BTO Solicitors LLP
 
 

 

 

_________________