Friday 20^th May 2022

 

Issue No. 166

 

 

C O N T E N T S

 

 

 

 

N O T I C E

 

 

Please note the Offices of the Court of Session will be closed for public holidays on Thursday 2^nd June and Friday 3^rd June, both 2022.

 

Please see below dates for information on motions and callings.

 

 

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 Wednesday 1^st June 2022 must be enrolled no later than 4.00pm on Monday 30^th May 2022 and may be opposed until 12:30pm on Tuesday 31^st May 2022.

 

Motions for Tuesday 7^th June 2022 must be enrolled no later than 4.00pm on Wednesday 1^st June 2022 and may be opposed until 12:30pm on Monday 6^th June 2022.

 

Motions for Wednesday 8^th June 2022 must be enrolled no later than 4.00pm on Monday 6^th June 2022 and may be opposed until 12:30pm on Tuesday 7^th June 2022.

 

Opposition and enrolment dates return to normal thereafter.

 

 

Cases lodged for calling;

 

Cases lodged for calling after 12:30pm on Monday 30^th May and up to 12.30pm on Wednesday 1^st June 2022 will call on Tuesday 7^th June 2022.

 

Cases lodged for calling after 12:30pm on Wednesday 1^st June 2022 and up to 12.30pm on Monday 6^th June 2022 will call on Wednesday 8^th June 2022.

 

Normal service will resume thereafter.

 

 

N O T I C E

 

 

The CMT Office will be closed due to a Public Holiday on Thursday 2^nd and Friday 3^rd June 2022.

 

Please find below details of intimation, opposition and enrolment dates to accommodate the public holiday listed above.

 

 

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

 

 

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 - 20^th December 2022

Personal Injury Proofs requiring more than 4 days - 21^st March 2023

Ordinary Action Proofs requiring more than 4 days - 12^th July 2022

 

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Friday 20^th May

 

1	A81/22 Shirley Hawes v Dumfries and Galloway NHS Board	Drummond Miller LLP
2	COS/PD172-22 Joshua Coyne v Lindsay Coyne	Digby Brown LLP

 

 

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OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 18^th May 2022 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 13^th July 2022.

 

 

1	A44/22 Ronald Whyte &c v Forth Valley Health Board	Drummond Miller LLP	NHS Scotland Central Legal Office
2	A261/21 Maurice Fawaz v Elaine Fawaz	DAC Beachcroft Scotland LLP	BLM

 

 

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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 CLARK – L Cranston, Clerk

 

Court 7 - Parliament House

 

Monday 23^rd May

 

Hearing on Petition and Answers

 

P578/21 Pet:  Robert Bartosik for orders und section 167 of Data Protection Act

Party

Ledingham Chalmers LLP

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 - Parliament House

 

Tuesday 24^th May

 

By Order

between 9.00am and 9.30am

 

CA29/21 Centenary 6 Ltd v TLT LLP

Harper MacLeod LLP

DAC Beachcroft Scotland LLP

By Order

between 10.00am and 10.30am

 

P1033/21 Pet:  Murtaza Karim re:  orders under section 1096 Companies Act 2006

Party

Continued Procedural Hearing

 

A360/17 David Bamberger v Isaac Bamberger &c

Turcan Connell

Ennova Law

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 11 - Parliament House

 

Tuesday 24^th May

 

Case Management Hearing

at 9.30am

 

F10/22 Anne McCall v Graham McCall

Drummond Miller LLP

Turcan Connell

Proof (4 days)

 

COS/PD124-21 Ian Bowen v Wood Group UK Ltd

Balfour + Manson LLP

BLM

 

 

LORD SUMMERS – L Digney, Clerk

 

Court 10 - Parliament House

 

Tuesday 24^th May

 

Proof (4 days)

 

COS/PD358-21 Margaret McKenzie &c v Curdens (Milton Keynes) Ltd

Thompsons

BLM

Pre-Proof Hearing

 

PD359/19 Wojciech Kosno v Dean Robertson

Digby Brown LLP

DAC Beachcroft Scotland LLP

Case Management Hearing

 

A162/20 Carly Wilson v Lothian Health Board

Balfour + Manson LLP

NHS Scotland Central Legal Office

 

 

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INNER HOUSE ROLLS

 

EXTRA DIVISION

 

Tuesday 24^th May

 

Single Bill

 

COS/PD167-21 Reclaiming Motion (Lady Wise) Marguerite Henderson v Benarty Medical Practice &c

Party

MDDUS

 

 

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