SCTSPRINT3

Thursday 7th July 2022

 

Issue No. 198

 

 

C O N T E N T S

 

 

 
Notice
Fixing Notice
Calling List
Walling List
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 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 – 14th February 2023

Personal Injury Proofs requiring more than 4 days - 30th May 2023

Ordinary Action Proofs requiring more than 4 days – 30th August 2022

 

 

_________________

 

 


 

COURT OF SESSION

 

 

CALLING LIST

 

Thursday 7th July

 

1 A128-22 Abellio Scotrail Ltd v R Todd & CompanyKennedys Scotland
2 A145-21 BP Properties Ltd v Bowmer & Kirkland LtdCMS Cameron McKenna LLP
3 A73-22 Susan Foster &c v Susan FosterTurcan Connell
4 PD250-22 Christopher Mallon v Macdonald Hotels LtdThompsons
5 PD246-22 Jose Azemar v J & D Pierce (contracts) LtdThompsons

 

 

_________________

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Thursday 7th July

 

1 Petition (First) Marino Tetmichalis, (Second) Nicolas Tetmichalis, and (Third) Francis Tetmichalis for an order to wind up MNF Scaffolding Ltd, in terms of Section 123 of the Insolvency Act 1986Harper Macleod LLP

 

 

_________________

 

 


 

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 TYRE – L Cranston, Clerk

 

Court 10 - Parliament House

 

Wednesday 13th July

 

By Order

9.30am

 

PD92/20 Sandra Cameron &c v Ifeanyi Nwankwo &c Digby Brown LLP Ledingham Chalmers LLP 

 

Friday 15th July

 

Starred Motion

 

A18/21 Mast Group Ltd v Patricia Chalmers Aberdein Considine & CoAllan McDougall  

 

 

LORD BRAILSFORD– H Groves, Clerk

 

Court 5 - Parliament House

 

Monday 11th July

 

Case Management Hearing

at 9.30am

 

F14/22 Claire Gallagher v Philip Gallagher BTO Solicitors LLP Harper MacLeod LLP 

 

By Order

at 10.30am

 

P277/22 Pet:  GMC to extend order re Issam Fayeq Bassalat Anderson Strathern LLPParty  

 

Second Hearing – Child Abduction

at 11.00am

 

P475/22 Pet:  LC for an order an under the Child Abduction and Custody Act 1985Drummond Miller LLPBalfour + Manson LLP  

 

Wednesday 13th July

 

Pre-Proof Hearing

at 9.00am

 

F93/21 Barbara Lyburn v William Lyburn Lindsays LLP Gillespie Macandrew LLP 

 

Thursday 14th July

 

Continued Starred Motion

at 9.00am

 

A25/22 James Watt v Emili Ziem Gillespie Macandrew LLPStewart Legal 

 

Procedural Hearing

 

P82/22 Pet:  Thuong Nguyen for Judicial Review Drummond Miller LLPOffice of the Advocate General 

 

Friday 15th July

 

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD419-20 Thomas O’Donnell v Scott Miller Jones Whyte Horwich Farrelly Scotland  

 

 

LORD BRAID – R Hamilton, Clerk

Court 6 - Parliament House

 

Tuesday 12th July

 

By Order

between 9.00am and 9.30am

 

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

 

Wednesday 13th July

 

Case Management Hearing

Between 9.00am and 9.30am

 

P305/22 Pet:  Hugh Campbell for InterdictThompsons BLM  

 

By Order

 

PD109/20 Anne Dakin &c v William Kenyon & Sons Ltd &c ThompsonsBurness Paull LLPDAC Beachcroft Scotland LLP
 BLM Clyde & Co (Scotland) LLP 

 

Friday 15th July

 

By Order

between 9.00am and 9.30am

 

CA12/22 Arnold Clark Automobiles Ltd v Keyline Civil Specialist Ltd DAC Beachcroft Scotland LLPDWF LLP  

 

Procedural Hearing

 

P298/22 Khan Trung Tran for Judicial Review Drummond Miller LLPOffice of the Advocate General 

 

By Orders

 

A393/16 Maureen Lochrie v Steven Whyte Kennedys ScotlandAberdein Considine & Co 
A394/16 Margaret Hood v Morag Horsey Kennedys ScotlandAberdein Considine & Co 

 

 

LORD RICHARDSON – N Marchant, Clerk

 

Court 8 - Parliament House

 

Monday 11th July

 

Substantive Hearing (2 days)

 

P1040/21 Pet:  Edinburgh Crematorium Ltd for Judicial ReviewShepherd & Wedderburn LLP Gillespie Macandrew LLP Anderson Strathern LLP

 

Wednesday 13th July

 

Procedural Hearing

 

A106/19 Philip Rogers v Dumfries and Galloway Health Board &c Drummond Miller LLPNHS Scotland Central Legal Office 

 

By Order

 

A316/20 Covea Insurance Plc v Angus Council Clyde & Co (Scotland) LLPLedingham Chalmers LLP 

 

By Order

 

A261/21 Maurice Fawaz v Elaine Fawaz DAC Beachcroft Scotland LLPBLM 

 

By Order

 

A58/22 Moyra Johnston v Axa Insurance UK PlcThompsonsBLM 

 

LADY DRUMMOND – L Cranston, Clerk

 

Court 10 - Parliament House

 

Wednesday 13th July

 

Starred Motion

 

P395/22 Pet:  John Halley for Judicial Review Campbell Smith LLP SGLD 

 

 

INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Court 1 - Parliament House

 

Monday 11th July

 

Single Bill

at 10.30am

 

XA39/21 Peter Dymoke &c for leave to appeal against a decision of the Upper TribunalParty Turcan Connell  

 

Tuesday 12th July

 

Single Bill

at 10.30am

 

XA67/21 Abderrazzak Louqrichi for leave to appeal against a decision of the Upper TribunalDrummond Miller LLP Office of the Advocate General  

 

 

_______________