Thursday 26th January 2023
Issue No. 85
C O N T E N T S
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| Notice |
| Fixing Notice |
| Calling List |
| Walling List |
| Undefended Consistorial Causes |
| Decrees |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
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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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 – 29th August 2023
Personal Injury Proofs requiring more than 4 days – 9th January 2024
Ordinary Action Proofs requiring more than 4 days - 14th March 2023
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COURT OF SESSION
CALLING LIST
There will be no calling list for today’s date.
The calling list will resume publication in the rolls on Friday 27th January.
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COURT OF SESSION
WALLING LIST
Thursday 26th January
| 1 | Petition | General Dental Council for extension in terms of section 32(8) of the Dentists Act 1984 | Anderson Strathern |
| 2 | Note | Alexander MacDonald for leave to raise an action against Upper Clyde Shipbuilders Limited (in liquidation) | Thompsons Solicitors |
| 3 | Petition | The Nursing and Midwifery Council for an extension of the period of an Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 12 months to 21 March 2024. | N/A |
| 4 | Petition | Igrem Saben for Judicial Review of the decision of the City of Edinburgh Council that the petitioner is not homeless for the purposes of Part II of the Housing (Scotland) Act 1987; for declarator, and an order that the Council secures accommodation for his occupation | Civil Legal Assistance Office |
| 5 | Petition | Ukeja Mbura for Judicial Review of failure to provide timescale for deciding the petitioner’s asylum claim | Drummond Miller LLP as agents for Katani and Co Solicitors, Glasgow |
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UNDEFENDED CONSISTORIAL CAUSES
Decree of Divorce was Granted on Tuesday 24th January 2023
| 1 | F22/22 James Durno v Joy Durno |
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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 TYRE – C Munn, Clerk
Court 12 - Parliament House
Tuesday 31st January
Proof (12 days)
| A188/19 Eleanor Dumper &c v Fife Health Board | Anderson Strathern LLP | NHS Scotland Central Legal Office | |
LADY CARMICHAEL – N Marchant, Clerk
Court 11 - Parliament House
Tuesday 31st January
Proof (6 days)
| COS/PD502-20 Sheena McPherson &c v Mapfre Espana S.A &c | Harper MacLeod LLP | DAC Beachcroft Scotland LLP | |
Thursday 2nd February
By Orders
at 9.00am
| AD14/22 Application for an Adoption Order re: SV | Harper Macleod LLP | | |
| AD15/22 Application for an Adoption Order re: SK | Harper Macleod LLP | | |
| AD16/22 Application for an Adoption Order re: ST | Harper Macleod LLP | | |
| AD17/22 Application for an Adoption Order re: SS | Harper Macleod LLP | | |
| AD18/22 Application for an Adoption Order re: SS | Harper Macleod LLP | | |
Pre-Proof Hearing
at 9.30am
| F65/21 Evelyn Gillies v Ewen Gillies | Gilson Gray LLP | Balfour + Manson LLP | |
Friday 3rd February
Pre-Proof Hearing and Starred Motion
at 9.00am
| F34/22 Bethanie Durrani v Omar Durrani | DAC Beachcroft Scotland LLP | SKO Family Law Specialists | |
Starred Motion
at 10.00am
| P1087/22 Pet: John W Grant & Son Limited for Interim Interdict | Harper MacLeod LLP | | |
LADY POOLE – A Galloway, Clerk
Court TBC - Parliament House
Tuesday 31st January
Starred Motion
at 9.30am
| COS/PD418-21 MC v Andrew Murray | Balfour + Manson LLP | MacKinnons | |
LORD HARROWER – S Alexander, Clerk
Court 6 - Parliament House
Tuesday 31st January
Continued Preliminary Hearing & Continued Opposed Motion
between 9.00am and 10.00am
| CA97/22 Intu Braehead Ltd &c v Ice Factor International Ltd | Anderson Strathern LLP | Nisbets Solicitors Limited | |
Continued Proof
| A159/21 Alasdair MacNab v The Highland Council &c | Currie Gilmour & Co | DWF LLP | Harper MacLeod LLP |
Thursday 2nd February
Procedural Hearing
between 9.00am and 9.30am
| CA131/20 Wayne Young v Boyd & Co Ltd | Drummond Miller LLP | Aberdein Considine & Co | |
Friday 3rd February
Judicial Review - Procedural Hearing
between 9.00am and 9.30am
| P943/22 Pet: Burns Pharmacy Ltd for Judicial Review | CMS | NHS Scotland Central Legal Office | |
LORD WEIR – D Swords, Clerk
Court 12 - Parliament House
Friday 3rd February
Procedural Hearings and Case Management Hearing
at 12.00pm
| P305/22 Pet: Hugh Campbell for Interdict | Thompsons | CMS | |
| P657/22 Pet: Hugh Campbell for Interdict and ad interim | Thompsons | CMS | |
| GP1/22 Hugh Campbell v James Finlay (Kenya) Ltd | Thompsons | CMS | |
LORD BRAID – E Hunter, Clerk
Court 7 - Parliament House
Tuesday 31st January
Starred Motion
between 9.00am and 10.00am
| P600/22 Pet: Future Renewable Eco Plc for Remuneration | Addleshaw Goddard | Thorntons Law LLP | |
Proof Before Answer (4 days)
| CA48/22 SP Smart Meter Assests Ltd v EDF Energy Customers Ltd | DLA Piper Scotland LLP | Dentons UK and Middle East LLP | |
Thursday 2nd February
Procedural Hearing
between 9.00am and 9.30am
| P851/22 Pet: Andrew Peacher &c for Judicial Review | Civil Legal Assistance Office | Office of the Advocate General | |
Friday 3rd February
Preliminary Hearing
between 9.00am and 9.30am
| COS/CA109-22 Nordic Tyre (UK) Ltd v Gordon Hamilton | Turcan Connell | Morton Fraser LLP | |
Case Management Hearing
| A324/20 Julian McCathie v Greater Glasgow Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order
| A63/21 WM Louden & Sons Ltd v Barratt Edinburgh Ltd &c | DAC Beachcroft Scotland LLP | Clyde & Co (Scotland) LLP | |
LORD SANDISON – D Facchini, Clerk
Court 8 - Parliament House
Tuesday 31st January
Continued By Order
between 9.00am and 9.30am
| PD205/20 James Marr v Advocate general for Scotland &c | Thompsons | Harper MacLeod LLP | Clyde & Co LLP |
| | DAC Beachcroft LLP | | |
Hearing on Petition and Answers (4 days)
| P289/22 Pet: Chianti Restaurant Ltd to Wind Up | TLT LLP | Gilson Gray LLP | |
Thursday 2nd February
Continued Procedural Hearing and Preliminary Hearing
between 9.00am and 10.00am
| CA4/22 Leander CB Consultant Ltd v Bogside Investment &c | DAC Beachcroft Scotland LLP | Gilson Gray LLP | |
| COS/CA99-22 Bogside Investments Ltd v Christopher Shute &c | Gilson Gray LLP | DAC Beachcroft Scotland LLP | |
LADY HALDANE – L Morgan, Clerk
Court 5 - Parliament House
Friday 3rd February
Judicial Review – Substantive Hearing
| P628/22 Pet: Peter Joseph for Judicial Review | Drummond Miller LLP | Anderson Strathern LLP | SGLD |
LORD RICHARDSON – C Scott, Clerk
Court 5 - Parliament House
Thursday 2nd February
Judicial Review – Substantive Hearing
| P734/22 Pet: Noble Naventhiran David for Judicial Review | Party | Scottish Legal Aid Board | |
Case Management Hearing
| A206/20 Ann Livingstone v Clarkston Medical Centre &c | Anderson Strathern LLP | Clyde & Co (Scotland) LLP | Kennedys Scotland |
Case Management Hearing
| A9/21 Eleanor Dennis &c v NHS Lanarkshire Health Board | Lindsays LLP | NHS Scotland Central Legal Office | |
Friday 3rd February
Hearing on Petition and Answers
| P397/22 Pet: Arbitration Application Number 2 of 2022 | Currie Gilmour & Co | Davidson Chalmers Stewart LLP | |
| P400/22 Pet: Arbitration Application Number 3 of 2022 | Davidson Chalmers Stewart LLP | Currie Gilmour & Co | |
By Order
| PD295/20 Mark Graham v Lily Boateng &c | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
By Order
| COS/PD194-21 Graham Wise v John Fleming &c | Digby Brown LLP | Brodies LLP | |
LORD STUART – L Cranston/D Swords, Clerk
Court 4 - Parliament House
Monday 30th January
Case Management Hearing
| COS/F89-22 Nicholas Fiddes v Adele Fiddes | Gilson Gray LLP | MHD Law LLP | |
Tuesday 31st January
Pre-proof Hearing & Starred Motion
at 9.00am
| F34/22 Bethanie Durrani v Ali Durrani | DAC Beachcroft Scotland LLP | SKO Family Law | |
Proof (4 days)
| COS/F44-22 Pamela Mitchell v Roy Mitchell | SKO Family Law Specialists | Balfour + Manson LLP | |
Wednesday 1st February
By Order
at 9.00am
| F48/20 Tania Garcia v David Clark | Party | Turcan Connell | |
| F44/21 David Clark v Tania Garcia | Turcan Connell | Party | |
Thursday 2nd February
Pre-Proof Hearing
at 9.00am
| F29/22 Camilla Ireland v Ryan Ireland | Burness Paull LLP | Gibson Kerr Law & Property | |
Case Management Hearing
at 9.30am
| F100/21 Christine Thornton v Alan Thornton | SKO Family Law Specialist
s | Drummond Miller LLP | |
Friday 3rd February
Starred Motion
at 9.00am
| F14/22 Claire Gallagher v Philip Gallagher | BTO Solicitors LLP | Balfour + Manson LLP | |
TO BE ALLOCATED
Tuesday 31st January
Proof (6 days)
| COS/PD530-20 K v The Marist Brothers | Thompsons | Keoghs Scotland LLP | |
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INNER HOUSE ROLLS
FIRST DIVISION
Wednesday 1st February
Summar Roll
| CA1/21 Reclaiming Motion (Lord Clark) Colonnade Properties Ltd &c v Beechmount Ltd | Brodies LLP | Morton Fraser LLP | |
SECOND DIVISION
Tuesday 31st January
Summar Roll
at 10.30am
| P626/22 Reclaiming Motion (Lord Scott) Pet: Darryl Gilles for Judicial Review | Drummond Miller LLP | Anderson Strathern LLP | SGLD |
Thursday 2nd February
Single Bill
at 10.30am
| P277/22 Pet: The General Medical Council to extend an order re Issam Bassalat | Anderson Strathern LLP | Party | |
EXTRA DIVISION
Wednesday 1st February
Summar Roll
at 10.30am
| P317/22 Reclaiming Motion (Lord Richardson) Pet: Lucretia Kaombo Mupahua for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
Thursday 2nd February
Procedural Hearing
| P541/22 Pet: Issam Bassalat for Judicial Review | Party | Anderson Strathern LLP | |
Friday 3rd February
Continued Single Bill
| P1070/22 Pet: The Lord Advocate for an order under Section 1 and 2 of the Evidence (Proceedings in Other Jurisdictions) Act 1975 | SGLD | | |
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