Wednesday 30th November 2022
Issue No. 48
C O N T E N T S
| Notices |
|---|
| Fixing Notice |
| Calling List |
| Walling List |
| Notice |
| Outer 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 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 – 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
Wednesday 30th November
| 1 | A302/21 Multiplex Construction Europe Ltd v Prater Ltd | Brodies LLP |
| 2 | CA104/22 ATP Investments Ltd v Rangers International FC Plc | CMS |
| 3 | F106/22 Nicola Mayles or Cameron v Gilmour Cameron | Brodies LLP |
| 4 | CA105/22 Norne Anstalt v Rangers International FC Plc | CMS |
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COURT OF SESSION
WALLING LIST
Wednesday 30th November
| 1 | Petition | Janet Stoddart for an order in terms of Art 31 (12)(a)(i) of the Nursing and Midwifery Order 2001 to terminate an interim suspension order | Anderson Strathern LLP |
| 2 | 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 5 months to 19 June 2023 | N/A |
| 3 | Petition | MICHAEL JAMES WEMYSS, DL, FRICS, Wemyss Castle, Fife, THE HONOURABLE ANTHONY RAMSAY, 37 Anhalt Road, London, SW11 4NZ and MARIA-ANTONIETA LOPEZ-PORTILLO, The Grove, Beckley, Oxford, OX3 9US, the Trustees of “Lord Neidpath’s Liferent Fund” in terms of the provisions set out in Schedule 9 to an Arrangement approved by Interlocutor of the Court of Session dated 22 December 1976, varying the purposes of the Deed of Trust by The Right Honourable Francis David Charteris, 12th Earl of Wemyss and March dated 29 January 1963 and registered in the Books of Council and Session on 5 February 1963, as varied in terms of a previous Arrangement approved by Interlocutor of the Court of Session dated 5 March 1971 for Approval of an Arrangement under the
Trusts (Scotland) Act 1961, Section 1 | Turcan Connell |
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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 – L Cranston, Clerk
Court 4 - Parliament House
Friday 2nd December
By Orders
at 9.00am
| F48/20 Tania Garcia v David Clark | Party | Turcan Connell | |
| F44/21 David Clark v Tania Garcia | Turcan Connell | Party | |
By Orders
at 9.30am
| AD29/22 Aberdeen City Council for a Permanence Order re: JRG | Aberdeen City Council | Thorley Stephenson | |
| AD30/22 Aberdeen City Council for a Permanence Order re: KG | Aberdeen City Council | Thorley Stephenson | |
LORD CLARK – C Munn, Clerk
Court 6 - Parliament House
Friday 2nd December
Procedure Roll (2nd day)
| 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
Friday 2nd December
Case Management Hearing
at 9.00am
| COS-F69/22 Stacey Tucker v Mark Davies | Thorley Stephenson | Drummond Miller LLP | |
By Order
at 9.00am
| P765/21 Pet: Mark Davies to Enforce Part One Order | TLT LLP | Thorley Stephenson | |
Pre-Proof Hearing
at 4.00pm
| F51/21 David Hogg v Megan Hogg | Balfour + Manson LLP | | |
LORD BRAID – R Hamilton, Clerk
Court 7 - Parliament House
Friday 2nd December
Continued Preliminary Hearing
between 9.00am and 10.00am
| CA72/22 Ayr Waste Management Ltd v Enva Scotland Ltd | Addleshaw Goddard | Shepherd & Wedderburn LLP | |
LORD RICHARDSON – R Hamilton, Clerk
Court 7 - Parliament House
Friday 2nd December
Judicial Review – Substantive Hearing (2nd day)
| P531/22 Kaagobot Ltd &c for Judicial Review | Balfour + Manson LLP | Gilson Gray LLP | Brodies LLP |
LORD STUART – TBC, Clerk
Court TBC - Parliament House
Friday 2nd December
Continued Starred Motion
at 9.00am
| A202/18 Elizabeth Gilchrist v Depuy International Ltd | Thompsons | Clyde & Co (Scotland) LLP | |
TO BE ALLOCATED
Friday 2nd December
Procedural Hearing
| A53/16 Elinor Boyes v Greater Glasgow Health Board | Morton Fraser LLP | NHS Scotland Central Legal Office | |
By Order
| A408/14 Jessie De Sylva v Lorraine McKenzie &c | Kennedys Scotland | Aberdein Considine & Co | |
By Order
| A100/21 Anthony Girasoli v The Chief Constable of Police Scotland | Digby Brown LLP | Ledingham Chalmers LLP | |
By Order
| COS-PD461/21 Margaret Coffield &c v Stone Platt Scotland Ltd (86/290) | Thompsons | Clyde & Co (Scotland) LLP | |
Starred Motion
| A231/21 Veitchi (Holdings) Ltd v Limmer & Trinidad Co Ltd | Clyde & Co (Scotland) LLP | Weightmans (Scotland) LLP | |
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