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Friday 20th May 2022

 

Issue No. 166

 

 

C O N T E N T S

 

 

 
 
Notices
Fixing Notice
Calling List
Outer House Rolls (Adjustment)
Notice
Outer House Rolls
Inner House Rolls

 


 

N O T I C E

 

 

Please note the Offices of the Court of Session will be closed for public holidays on Thursday 2nd June and Friday 3rd 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 1st June 2022 must be enrolled no later than 4.00pm on Monday 30th May 2022 and may be opposed until 12:30pm on Tuesday 31st May 2022.

 

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

 

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

 

Opposition and enrolment dates return to normal thereafter.

 

 

Cases lodged for calling;

 

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

 

Cases lodged for calling after 12:30pm on Wednesday 1st June 2022 and up to 12.30pm on Monday 6th June 2022 will call on Wednesday 8th 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 2nd and Friday 3rd June 2022.

 

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

 

Intimation date Opposition Date Motion Lodged Date
27/05/22 31/05/22 01/06/22
30/05/22 01/06/22 06/06/22
31/05/22 06/06/22 07/06/22
01/06/22 07/06/22 08/06/22
06/06/22 08/06/22 09/06/22

 

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 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.

 

 

 

_________________

 

 


 

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 - 20th December 2022

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

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

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Friday 20th May

 

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

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 18th 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 13th July 2022.

 

 

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

 

 

_________________

 

 

 

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 CLARK – L Cranston, Clerk

 

Court 7 - Parliament House

 

Monday 23rd May

 

Hearing on Petition and Answers

 

P578/21 Pet:  Robert Bartosik for orders und section 167 of Data Protection ActParty Ledingham Chalmers LLP

 

 

LORD ERICHT – D Facchini, Clerk

 

Court 8 - Parliament House

 

Tuesday 24th May

 

By Order

between 9.00am and 9.30am

 

CA29/21 Centenary 6 Ltd v TLT LLPHarper 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 2006Party    

Continued Procedural Hearing

 

A360/17 David Bamberger v Isaac Bamberger &cTurcan Connell Ennova Law 

 

 

LADY CARMICHAEL – N Marchant, Clerk

 

Court 11 - Parliament House

 

Tuesday 24th May

 

Case Management Hearing

at 9.30am

 

F10/22 Anne McCall v Graham McCallDrummond Miller LLP Turcan Connell  

Proof (4 days)

 

COS/PD124-21 Ian Bowen v Wood Group UK Ltd Balfour + Manson LLPBLM  

 

 

LORD SUMMERS – L Digney, Clerk

 

Court 10 - Parliament House

 

Tuesday 24th May

 

Proof (4 days)

 

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

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 

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

EXTRA DIVISION

 

Tuesday 24th May

 

Single Bill

 

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

 

 

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