Wednesday 20th March 2024
Issue No. 124
C O N T E N T S
Erratum |
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Notices |
Fixing Notice |
Calling List |
Notice |
Outer House Rolls |
Inner House Rolls |
E R R A T U M
The undernoted entry should have appeared for calling on Issue No. 123 of the Rolls of Court published on Tuesday 19th March 2024:
1 | COS/CA24-24 Cruden Building (Scotland) Ltd v Hopefield Partnerships Ltd | Burness Paull LLP |
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N O T I C E
Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays of the 29th March 2024, 1st and 15th of April 2024.
Motions etc. intimated and enrolled by email in accordance with Parts 2 and 4 of Chapter 23 of the Rules of the Court of Session 1994.
Intimation Date | Opposition Date | Motion Lodged Date |
26/03/2024 | 28/03/2024 | 02/04/2024 |
27/03/2024 | 02/04/2024 | 03/04/2024 |
28/03/2024 | 03/04/2024 | 04/04/2024 |
02/04/2024 | 04/04/2024 | 05/04/2024 |
09/04/2024 | 11/04/2024 | 12/04/2024 |
10/04/2024 | 12/04/2024 | 16/04/2024 |
11/04/2024 | 16/04/2024 | 17/04/2024 |
12/04/2024 | 17/04/2024 | 18/04/2024 |
Intimation, opposition and enrolment dates to return to normal thereafter |
Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994
Date motion enrolled | Can be opposed until 12.30pm on… | Date opposed motion dealt with |
21/03/2024 | 25/03/2024 | 27/03/2024* |
22/03/2024 | 25/03/2024 | 27/03/2024* |
25/03/2024 | 26/03/2024 | 27/03/2024* |
26/03/2024 | 27/03/2024 | 03/04/2024* |
27/03/2024 | 28/03/2024 | 03/04/2024* |
28/03/2024 | 02/04/2024 | 03/04/2024* |
09/04/2024 | 10/04/2024 | 11/04/2024** |
10/04/2024 | 11/04/2024 | 12/04/2024** |
11/04/2024 | 12/04/2024 | 16/04/2024** |
12/04/2024 | 16/04/2024 | 17/04/2024** |
Intimation, opposition and enrolment dates to return to normal thereafter |
Please Note:
The vacation courts on 27th March 2024 and 3rd April 2024 should be for urgent business only.
* If the motion is opposed you will be contacted by the Vacation Clerk during the period of vacation. If the motion is not opposed it will be processed within the standard timescales.
** If the motion is opposed you will be contacted by the Keeper’s Office to arrange the opposed motion hearing date as per current practice.
Cases lodged for Calling
Cases Lodged for Calling | Case Calls |
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Tuesday 26/03/2024 from 12.30pm up until all day on Thursday 28/03/2024 | Tuesday 02/04/2024 |
Wednesday 10/04/2024 from 12.30pm up until all day on Thursday 11/04/2024 and up until 12.30pm on Friday 12/04/2024 | Tuesday 16/04/2024 |
Normal calling days resumes thereafter |
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
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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 – 22nd October 2024
Personal Injury Proofs requiring more than 4 days - 27th May 2025
Ordinary Action Proofs requiring more than 4 days - 25th June 2024
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COURT OF SESSION
CALLING LIST
Wednesday 20th March
1 | COS/CA26-24 Aberdeenshire Council v FMP Joint Venture Ltd | Brodies LLP |
2 | COS/PD67-24 Samantha Muir v Nicola Dallanegra | Digby Brown LLP |
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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
LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Friday 22nd March
Pre-Proof Hearing
at 9.30am
COS/F86-23 Elizabeth Swan v Charles MacDonald | SKO Family Law Specialists | Balfour + Manson LLP | |
Continued Proof (1 day)
AD26/22 Pet: Application for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re: CMM | Aberdeen City Council | Rutherford Sheridan Ltd | Party |
AD27/22 Pet: Application for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re: DDD | Aberdeen City Council | Rutherford Sheridan Ltd | Party |
AD28/22 Pet: Application for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re: ND | Aberdeen City Council | Rutherford Sheridan Ltd | Party |
LORD FAIRLEY – TBC, Clerk
Parliament House
Friday 22nd March
Continued Starred Motion
COS/PD140-23 Mohammed Ali Soula v Bracknell Property OPCO Ltd &c | A&WM Urquhart | DWF LLP | DAC Beachcroft Scotland LLP |
| Anderson Strathern LLP | | |
LORD BRAID – N Marchant, Clerk
Court 7 - Parliament House
Friday 22nd March
Continued By Order
between 9.00am and 9.30am
CA2/22 Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd | Morton Fraser MacRoberts LLP | DAC Beachcroft Scotland LLP | |
By Order
between 9.30am and 10.00am
A105/18 Maryhill Housing Association Ltd v Mears Ltd | Shepherd & Wedderburn LLP | Brodies LLP | MacRoberts LLP |
| Levy & McRae | | |
LORD SANDISON – R Hamilton, Clerk
Court 12 - Parliament House
Friday 22nd March
Continued Preliminary Hearing
between 9.00am and 9.30am
COS/A40-23 Grey Sky Publishing Ltd v Sandro Paladini | Burness Paull LLP | Thorntons Law LLP | |
Procedural Hearing
between 9.30am and 10.00am
COS/CA95-23 Hazledene Properties v Scottish Power Plc | Addleshaw Goddard (HBJ Gateley) | Shepherd & Wedderburn LLP | |
LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Friday 22nd March
Continued Case Management Hearing
at 9.30am
COS/F71-23 Robert Barnes v Toni Robertson | Garden Stirling Burnet Solicitors Ltd | Harper MacLeod LLP | |
Continued By Order
A245/18 Michael Blower v Colin Tock &c | Wright, Johnston & MacKenzie LLP | Party | |
TO BE ALLOCATED
Friday 22nd March
Procedural Hearing
A134/18 Charles Bingham v Lothian Health Board | Balfour + Manson LLP | NHS Scotland Central Legal Office | |
By Order
A18/20 Kayleigh Haggo v Ayrshire & Arran Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order
COS/A80-23 Evan Stewart v Ageas Insurance Ltd &c | Gildeas Ltd | DAC Beachcroft Scotland LLP | NHS Scotland Central Legal Office |
By Order
COS/A89-23 Carolyn Coutts v Lothian Health Board &c | Lindsays LLP | NHS Scotland Central Legal Office | |
By Order
COS/PD180-23 William Carter v Tronell | Digby Brown LLP | Horwich Farrelly Scotland | |
Starred Motion
COS/PD232/23 Michael McNeil v X | Drummond Miller LLP | Keoghs Scotland LLP | |
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INNER HOUSE ROLLS
EXTRA DIVISION
Friday 22nd March
Continued Single Bill
COS/P787-23 Pet: The Scottish Legal Complaints Commission for orders under Section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007 | Harper MacLeod LLP | | |
Continued Single Bill
at 10.30am
COS/P694-23 Pet: The Scottish Legal Complaints Commission for orders under Section 17 of the Legal Profession and Legal Aid (Scotland) Act 2007 | Harper MacLeod LLP | | |
Summar Roll
at 12.00pm
COS/P423-23 Pet: Charles Butter &c for Approval of an Arrangement under Section 1 of the Trusts (Scotland) Act 1961 | Turcan Connell | | |
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