Friday 29th April 2022
Issue No. 152
C O N T E N T S
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| 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.
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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 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 – 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 Board | Jones Whyte Law |
| 3 | F31/22 Susannah Smith v Ryan Mountain | Balfour + Manson LLP |
| 4 | COS/PD152-22 Andrew Hutchison &c v Advocate General for Scotland as representing the Ministry of Defence in Scotland | Digby 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 Ltd | Brodies LLP | CMS | |
| 2 | A83/21 Sean Cunningham v Ayrshire and Arran Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
| 3 | A46/21 Project Management & Construction Ltd v Colart Earley Ltd | DAC Beachcroft Scotland LLP | DWF LLP | |
| 4 | A42/22 Brian Ferrier v Lothian Health Board | Anderson Strathern LLP | NHS Scotland Central Legal Office | |
| 5 | A78/22 Katrina Cunningham v Lothian NHS Board | Thompsons | NHS Scotland Central Legal Office | |
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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 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 | CMS | Harper MacLeod LLP |
LORD CLARK – L Cranston, Clerk
Tuesday 3rd May
Procedural Hearing
| A197/19 Morag Mitchelson &c v Dare Seriki &c | DAC Beachcroft Scotland LLP | BTO 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 Trustees | Anderson 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 LLP | SGLD | |
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 LLP | Gillespie Macandrew | |
Wednesday 4th May
Preliminary Hearings
between 9.00am and 10.00am
| CA15/22 Asertis Ltd v Gerald Lafferty | BTO Solicitors LLP | Harper MacLeod LLP | |
| CA16/22 Asertis Ltd v Cheryl Dunn | BTO Solicitors LLP | Harper MacLeod LLP | |
| CA17/22 Asertis Ltd v Cheryl Dunn Holdings Ltd | BTO Solicitors LLP | Harper MacLeod LLP | |
TO BE ALLOCATED
Wednesday 4th May
Procedural Hearing
| A268/19 Peter Reilly &c v Greater Glasgow Health Board | Thompsons | 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 1988 | Gillespie Macandrew LLP | | |
Wednesday 4th May
Single Bill
| CA9/21 Reclaiming Motion (Lord Braid) Rileys Sports Bars (2014) Ltd v CGW Snooker LLP | Gillespie Macandrew LLP | TLT LLP | Davidson Chalmers Stewart LLP |
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