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Friday 19th April 2024

 

Issue No. 145

 

 

C O N T E N T S

 

 

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

 


 

N O T I C E

 

 

Parties should liaise with the Keeper’s office prior to enrolling a motion seeking to assign or re-assign a date for a hearing in the Outer House (this excludes commercial and family actions).

 

Please can parties communicate with the Keeper’s office inbox:  keepers@scotcourts.gov.uk

 

This change is being implemented to avoid overloading of the court rolls, and to avoid hearings in actions which are not being case managed, being assigned for unsuitable dates and times.

 

 

 

_________________

 

 

 

UPDATED 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 the motion to call 2 days ahead from the enrolment of the opposed or starred motion.

 

Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.

 

Parties should liaise with the Keeper’s office in relation to the allocation of these motions.  Following the allocation of the motion, the clerk will liaise with parties to agree the time the motion will call.  This is to ensure an opportunity is provided for representations to be made about the format of the hearing.

 

All communications with the Keeper’s Office should be made to:

keepers@scotcourts.gov.uk

 

 

 

_________________

 

 

 

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 - 12th November 2024

Personal Injury Proofs requiring more than 4 days - 10th June 2025

Ordinary Action Proofs requiring more than 4 days - 16th July 2024

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Friday 19th April

 

1 COS/PD151-24 James Rae v Scottish Fire and Rescue Service
 
Digby Brown LLP
2 COS/PD137-24 Mhari Davidson &c v Martin Gibson &c
 
RTA Law LLP
3 COS/PD146-24 Rodger Kennedy v Michael Stuart &c, Trading as Michael Stuart
 
Digby Brown LLP

 

 

_________________

 

 


 

COURT OF SESSION

 

 

WALLING LIST

 

Friday 19th April

 

1 Petition The Nursing and Midwifery Council for an extension of the period of an Interim Suspension Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 6 months to 29 November 2024
 
N/A
2 Petition Alisdair Orr (Assisted Person) for Judicial Review of a decision by the Highland Council that the Petitioner is intentionally homeless in terms of s.26 of the Housing (Scotland) Act 1987
 
Balfour+Manson LLP

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 17th April 2024 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 12th June 2024.

 

 

1 A64/22 Catarina Bertling &c v Second Chance Housing Associates Ltd
 
Harper MacLeod LLP Turcan Connell  
2 A312/21 Eric Nicholls &c v Scotland Gas Networks Plc &c
 
Shepherd & Wedderburn LLP Addleshaw Goddard DLA Piper Scotland LLP
3 PD49/24 Janette McCallion &c v Scottish Ambulance Service
 
Thompsons NHS Scotland Central Legal Office
 
 
4 A28/24 Robert Wilson v Gordon Beurskens
 
Blackwater Law Limited Party  

 

 

_________________

 

 

 

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

 

 

LADY CARMICHAEL – E Hunter, Clerk

 

Court 8 - Parliament House

 

Tuesday 23rd April

 

By Order

at 9.00am

 

COS/F56-23 Codie Thomson v The Adoptive parents of the child K Drummond Miller LLP
 
   
COS/F57-23 Codie Thomson v The Adoptive parents of the child P Drummond Miller LLP
 
   

Pre-Proof Hearing

at 9.30am

 

COS/F86-23 Elizabeth Swan v Charles MacDonald SKO Family Law Specialists
 
Balfour + Manson LLP  

Proof (8 days)

 

COS/F50-22 James Lygate v Lesley Lygate Brodies LLP Blackadders LLP
 
 

 


 

LORD BRAID – N Marchant, Clerk

 

Court 7 - Parliament House

 

Tuesday 23rd April

 

Continued Starred Motion

between 9.30am and 10.00am

 

CA87/17 The Coal Authority v Pegasus Fire Protection Co Ltd &c
 
Davidson Chalmers Stewart LLP Morton Fraser MacRoberts LLP
 
 

Debate

 

COS/CA93-23 B&M Retail Ltd v LXI Cowdenbeath Ltd
 
Brodies LLP DWF LLP  

 

 

LORD SANDISON – L Morgan, Clerk

 

Court 12 - Parliament House

 

Tuesday 23rd April

 

Continued Procedural Hearing

between 9.00am and 10.00am

 

COS/CA78-23 Deepmatter Ltd v The University Court of the University of Glasgow
 
Pinsent Masons LLP CMS  

Starred Motion

between 10.00am and 11.30am

 

COS/P172-24 Pet:  Finsbury Growth & Income Trust Plc for Confirmation of Reduction of Share Premium Eversheds Sutherland (International) LLP
 
   

 

 

LORD RICHARDSON – D Allen, Clerk

 

Court 6 - Parliament House

 

Tuesday 23rd April

 

Pre-Proof By Order

between 9.00am and 9.30am

 

COS/CA70-23 Keiron Paterson v Blackadders LLP Burness Paull LLP
 
Brodies LLP  

Continued Starred Motion

between 9.30am and 10.30am

 

COS/A232-22 Anna Walls v Alistair Whittingham &c Morton Fraser MacRoberts LLP
 
Flexlaw Ltd Weightmans (Scotland) LLLP
  Clyde & Co (Scotland) LLP
 
   

 

 

LORD YOUNG – L Bell Cunningham, Clerk

 

Parliament House

 

Tuesday 23rd April

 

Judicial Review – Oral Hearing

at 9.15am

 

COS/P973-23 Pet:  Ionut Hadadea for Judicial Review Drummond Miller LLP Office of the Advocate General
 
 

 


 

LORD SCOTT – A Harkins, Clerk

 

Parliament House

 

Tuesday 23rd April

 

Judicial Review – Oral Hearing

at 9.00am

 

COS/P1193-23 Pet:  Gordon Burns for Judicial Review Drummond Miller LLP
 
SGLD  

 

 

LORD STUART – C Munn, Clerk

 

Court 4 - Parliament House

 

Monday 22nd April

 

By Order

 

COS/F90-23 Gordon MacIver v Dawn MacIver Harper MacLeod LLP
 
Brodies LLP  

 

Tuesday 23rd April

 

Proof (2 days)

 

COS/F48-23 Robert Pass v Helen Pass Thorntons Law LLP Balfour + Manson LLP
 
 

 

 

TO BE ALLOCATED

 

Tuesday 23rd April

 

Starred Motion

 

COS/PD469-22 Mary Gaw &c v Jordon Lawrence &c
 
Digby Brown LLP DAC Beachcroft Scotland LLP
 
 

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Tuesday 23rd April

 

Procedural Hearings

 

COS/XA58-23 Charles Antelme &c for Appeal against a Decision of the Scottish Land Court
 
Lindsays LLP Shepherd & Wedderburn LLP  
COS/XA59-23 Charles Antelme &c for Appeal against a Decision of the Scottish Land Court
 
Lindsays LLP Shepherd & Wedderburn LLP  

 

 

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