SCTSPRINT3

Thursday 28th April 2022

 

Issue No. 151

 

 

C O N T E N T S

 

 

Notices
Fixing Notice
Calling List
Walling List
Notice
Outer House Rolls
Inner House Rolls

 

 

The latest version of the Supreme Court News can be found using the following link:

 

SCN NEWSLETTER


 

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

 

 

Please note the Offices of the Court of Session will be closed for a public holiday on Monday 2nd May 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 3rd May 2022 must be enrolled no later than 4.00pm on Thursday 28th April 2022 and may be opposed until 12:30pm on Friday 29th April 2022.

 

Motions for Wednesday 4th May must be enrolled no later than 4.00pm on Friday 29th April 2022 and may be opposed until 12:30pm on Tuesday 3rd May 2022.

 

Opposition and enrolment dates return to normal thereafter.

 

 

Cases lodged for calling:

 

Cases lodged for calling up to 12:30pm on Friday 29th April 2022 will call on Tuesday 3rd May 2022.

 

Cases lodged for calling after 12:30pm on Friday 29th April 2022 and until 4.00pm that day, will call on Wednesday 4th May 2022.

 

Cases lodged for calling up to 12:30pm on Tuesday 3rd May 2022 will call on Thursday 5th May 2022.

 

Normal service will resume thereafter.

 


 

The CMT Office will be closed due to a Public Holiday on Monday 2nd May 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
27/04/22 29/04/22 03/05/22
28/04/22 03/05/22 04/05/22
29/04/22 04/05/22 05/05/22

 

Intimation, opposition and enrolment dates return to normal, thereafter.

 

 

 

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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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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 November 2022

Personal Injury Proofs requiring more than 4 days - 7th February 2023

Ordinary Action Proofs requiring more than 4 days – 21st June 2022

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Thursday 28th April

 

1 CA26/22 Stephen Champion v The Firm of Finlaysons Chartered AccountantsHarper Macleod LLP
2 COS/PD142-22 Claire MacAulay v Aviva Insurance LtdThe Conway Accident Law Practice
3 COS/PD149-22 Hugh Graham v ORR (Fire Protection) LtdDigby Brown LLP
4 COS/PD140-22 M v The Chief Constable of Police ScotlandDrummond Miller LLP

 

 

_________________

 

 


COURT OF SESSION

 

 

WALLING LIST

 

Thursday 28th April

 

1 Petition Waheed Shah for Judicial review of a decision of the Home Office dated 21st January 2022 refusing to treat the petitioner’s further submissions as a fresh claim Drummond Miller LLP as agents for Katani & Co Solicitors, Glasgow

 

 

_________________

 

 


 

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 TURNBULL – H Groves, Clerk

 

Tuesday 3rd May

 

Continued Proof (4 days)

 

COS/PD196-21 Sharon Cossey v Buccleuch Estate Ltd Digby Brown LLP DAC Beachcroft Scotland LLP 

 

 

LORD CLARK – L Cranston, Clerk

 

Wednesday 4th May

 

Starred Motions

between 9.00am and 9.30am

 

A75/20 GLR Trading Ltd v Pavilion Property TrusteesAnderson Strathern LLP Shepherd & Wedderburn LLP 
A180/20 GLR Trading Ltd v Obarcs (ABC) Ltd Anderson Strathern LLP Shepherd & Wedderburn LLP 

 

Thursday 5th May

 

Starred Motions

between 9.00am and 10.30am

 

CA15/20 Sportsdirect.com Retail Ltd v William Gow &c Brodies LLP Dentons UK and Middle East LLPBurness Paull LLP

 


 

LORD ERICHT – D Facchini, Clerk

 

Tuesday 3rd May

 

Substantive Hearing

 

P748/21 Pet:  Victoria Reid for Judicial Review Drummond Miller LLPSGLD  

 

Thursday 5th May

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA21/22 Intu Braehead Ltd v SF Ops Ltd &c Anderson Strathern LLPCMS  

 

 

LADY CARMICHAEL– A Harkins, Clerk

 

Tuesday 3rd May

 

Proof (4 days)

 

F66/21 Sarah Foster v Ross Foster Brodies LLP Harper MacLeod LLP 

 

Thursday 5th May

 

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

 

F51/21 David Hogg v Megan Hogg Balfour + Manson LLPDrummond Miller LLP  

 


 

LORD HARROWER – S Alexander, Clerk

 

Tuesday 3rd May

 

By Order

between 9.30am and 10.00am

 

CA5/20 Freedom Health LLC v The University of Glasgow Pinsent Masons LLP BTO Solicitors LLP 

 

Wednesday 4th May

 

Continued Procedural Hearing

between 9.00am and 9.30am

 

CA144/21 Imran Ahmad v The Chief Constable of Police Scotland Pinsent Masons LLP SGLD Ledingham Chalmers LLP

 

Thursday 5th May

 

Procedural Hearing

between 9.30am and 10.00am

 

CA8/22 North Lanarkshire Council v Viridis Energy (Norgen) Ltd Ledingham Chalmers LLPBrodies LLP  

 

Friday 6th May

 

Preliminary Hearing

between 9.00am and 9.30am

 

CA25/22 BIAD Civils Ltd v McLaughlin & Harvey Ltd Anderson Strathern LLPBrodies LLP  

 


 

LORD BRAID – R Hamilton, Clerk

 

Tuesday 3rd May

 

Proof Before Answer (4 days)

 

CA54/21 Dumfries and Galloway v Building Craftsman Ltd Harper MacLeod LLPGillespie Macandrew  

 

Wednesday 4th May

 

Preliminary Hearings

between 9.00am and 10.00am

 

CA15/22 Asertis Ltd v Gerald LaffertyBTO Solicitors LLPHarper MacLeod LLP  
CA16/22 Asertis Ltd v Cheryl DunnBTO Solicitors LLPHarper MacLeod LLP  
CA17/22 Asertis Ltd v Cheryl Dunn Holdings LtdBTO Solicitors LLPHarper MacLeod LLP  

 

Thursday 5th May

 

By Order

between 9.00am and 9.30am

 

P877/20 Pet:  Colin Nicholson for orders under section 994 & 996 MBM Commercial LLPGilson Gray LLP  

 

Friday 6th May

 

Procedural Hearing

between 9.00am and 9.30am

 

CA9/22 Longhill Wind Farm LLP v Muirhall Energy Ltd &c Harper MacLeod LLPCMS  

 

 

TO BE ALLOCATED

 

Tuesday 3rd May

 

Proof (4 days)

 

A47/18 Timothy Lea v Bristow Helicopters Ltd Balfour + Manson LLP Clyde & Co (Scotland) LLP 

 

Procedural Hearing

 

A197/19 Morag Mitchelson &c v Dare Seriki &c DAC Beachcroft Scotland LLPBTO Solicitors LLP Clyde & Co (Scotland) LLP

 

Wednesday 4th May

 

Procedural Hearing

 

A268/19 Peter Reilly &c v Greater Glasgow Health BoardThompsons NHS Scotland Central Legal Office 

Procedural Hearing and By Order

 

A291/19 Violet Paterson &c v Lanarkshire Health Board Levy & McRae Lefevres NHS Scotland Central Legal Office

Case Management Hearing

 

A204/20 Joanne Keyes v Lanarkshire Health Board Drummond Miller LLP NHS Scotland Central Legal Office 

By Order

 

A249/18 Graeme Roger &c v Grampian Health Board Balfour + Manson LLP NHS Scotland Central Legal Office 

 

By Order

 

A167/20 Desmond Kane v Thompsons &c Digby Brown LLP Brodies LLP Clyde & Co (Scotland) LLP

 

Thursday 5th May

 

Procedural Hearing

 

P1040/21 Pet:  Edinburgh Crematorium Ltd for Judicial Review Shepherd & Wedderburn LLPGillespie Macandrew LLP Anderson Strathern LLP

Case Management Hearing

 

A303/20 George Gorman v NHS Greater Glasgow and Clyde The Conway Accident Law Practice NHS Scotland Central Legal Office 

By Order (Adjustment) Roll

 

A165/20 Rosalind Callander v Natasha Usher &cBalfour + Manson LLP BTO Solicitors LLP  

By Order

 

PD46/19 Alan Nicholson v The Lord Advocate Thompsons Morton Fraser LLP 

By Order

 

A314/20 Sanctuary Scotland H A Ltd v E.ON Energy Solutions Ltd Harper MacLeod LLPPinsent Masons LLP  

By Order

 

A62/21 Scotland Gas Networks Plc v QBE Insurance (Europe) Ltd Addleshaw Goddard T C Young LLP 

 

Friday 6th May

 

Substantive Hearing

 

P931/21 Pet:  Iain Taylor for Judicial Review Balfour + Manson LLP NHS Scotland Central Legal Office 

By Order

 

A293/18 Argyll & Bute Council v John Graham Construction Ltd &c Brodies LLP Eversheds Sutherland (International) LLP 

By Order

 

PD489/18 Wendy Fisher &c v Hugh M Fulton Ltd &c Thompsons Clyde & Co (Scotland) LLP BTO Solicitors LLP

By Order

 

A149/20 Argyll & Bute Council v John Graham Construction Ltd &c Brodies LLP Eversheds Sutherland (International) LLP 

By Order

 

COS/PD128-21 Clare Cairns &c v Glasgow City Council Thompsons Clyde & Co (Scotland) LLP 

 

 

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INNER HOUSE ROLLS

 

 

FIRST DIVISION

 

Thursday 5th May

 

Single Bill

 

P1176/19 Reclaiming Motion (Lord Tyre) Energiekontor UK Ltd for Judicial Review Wright Johnston & MacKenzie LLPMorton Fraser LLP CMS

 

 

EXTRA DIVISION

 

Tuesday 3rd May

 

Summar Rolls

at 10.30am

 

P670/21 Pet:  Janusy Tomala for directions under section 6(vi) of the Court of Session Act 1988 Gillespie Macandrew LLP  
P695/21 Pet:  Gillespie Macandrew (Trustees) Ltd for directions under section 6(vi) of the Court of Session Act 1988Gillespie Macandrew LLP   

 

Wednesday 4th May

 

Single Bill

 

CA9/21 Reclaiming Motion (Lord Braid) Rileys Sports Bars (2014) Ltd v CGW Snooker LLP Gillespie Macandrew LLPTLT LLP Davidson Chalmers Stewart LLP

 

Thursday 5th May

 

Procedural Hearings

 

CA86/19 Reclaiming Motion (Lord Tyre) David Grier v The Chief Constable of Police Scotland Kennedys Scotland Ledingham Chalmers LLP 
CA72/20 Reclaiming Motion (Lord Tyre) David Grier v The Lord Advocate Kennedys Scotland SGLD  

 

 

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