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Friday 29th April 2022

 

Issue No. 152

 

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 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.

 

 

 

_________________

 

 


 

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 – 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

 

Friday 29th April

 

1 A261/21 Maurice Fawaz v Elaine Fawaz DAC Beachcroft Scotland LLP
2 A70/22 Francis McCann  v Greater Glasgow & Clyde Health BoardJones Whyte Law
3 F31/22 Susannah Smith v Ryan MountainBalfour + Manson LLP
4 COS/PD152-22 Andrew Hutchison &c v Advocate General for Scotland as representing the Ministry of Defence in ScotlandDigby Brown LLP
5 COS/PD158-22 Chloe MacDonald &c v Scottish Ambulance Service Jones Whyte Law
6 COS/PD141-22 Gail Scott v Robert McBride Ltd Digby Brown LLP

 

 

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OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commences on Wednesday 27th April 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 22nd June 2022.

 

 

1 A168/20 Aberdeenshire Council v FMP Joint Venture LtdBrodies LLPCMS  
2 A83/21 Sean Cunningham v Ayrshire and Arran Health BoardDrummond Miller LLP NHS Scotland Central Legal Office 
3 A46/21 Project Management & Construction Ltd v Colart Earley LtdDAC Beachcroft Scotland LLPDWF LLP  
4 A42/22 Brian Ferrier v Lothian Health Board Anderson Strathern LLPNHS Scotland Central Legal Office 
5 A78/22 Katrina Cunningham v Lothian NHS Board ThompsonsNHS Scotland Central Legal Office 

 

 

_________________

 

 


 

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 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 DOHERTY – D Facchini, Clerk

 

Wednesday 4th May

 

Oral Hearing

at 9.30am

 

P171/22 Pet:  David Maguire for Judicial Review TC Young LLP CMSHarper MacLeod LLP

 

 

LORD CLARK – L Cranston, Clerk

 

Tuesday 3rd May

 

Procedural Hearing

 

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

Proof (4 days)

 

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

 

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 

 

 

LORD ERICHT – D Facchini, Clerk

 

Tuesday 3rd May

 

Substantive Hearing

 

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

 

 

LADY CARMICHAEL – A Harkins, Clerk

 

Tuesday 3rd May

 

Proof (4 days)

 

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

 

Wednesday 4th May

 

Oral Hearing

at 9.15am

 

P248/22 Pet:  Simone Lea Djialeu for Judicial Review Drummond Miller LLP Office of the Advocate General 

 

 

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

 

 

LORD BRAID – TBC, 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 LLP Harper MacLeod LLP 
CA16/22 Asertis Ltd v Cheryl DunnBTO Solicitors LLP Harper MacLeod LLP 
CA17/22 Asertis Ltd v Cheryl Dunn Holdings LtdBTO Solicitors LLP Harper MacLeod LLP 

 

 

TO BE ALLOCATED

 

 

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

 

 

 

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INNER HOUSE ROLLS

 

 

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

 

 

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