Tuesday 20th February 2024
Issue No. 103
C O N T E N T S
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| Notice |
| Fixing Notice |
| Calling List |
| Walling List |
| Notice |
| Outer House Rolls |
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 Keepers 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 - 24th September 2024
Personal Injury Proofs requiring more than 4 days - 20th May 2025
Ordinary Action Proofs requiring more than 4 days - 28th May 2024
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COURT OF SESSION
CALLING LIST
Tuesday 20th February
| 1 | COS/PD33-24 Christopher Butterwick v Lanarkshire Health Board
| Jones Whyte |
| 2 | COS/A398-23 Death Do Us Apart LLP v Blazing Star Productions Ltd &c
| Harper Macleod LLP |
| 3 | COS/GP1-24 Lee Bridgehouse v Bayerische Motoren &c
| Pogust Goodhead |
| 4 | COS/CA1-24 Papel Payment Services Provider LLC v Monitox Ltd
| MBM Commercial LLP |
| 5 | COS/CA107-23 UK Agricultural Lending Ltd v Duncan Orr Junior
| Shepherd & Wedderburn LLP |
| 6 | COS/CA108-23 UK Agricultural Lending Ltd v John Orr | Shepherd & Wedderburn LLP
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COURT OF SESSION
WALLING LIST
Tuesday 20th February
| 1 | Petition | John Dickinson to restore Overhead Catenary Systems (Scotland) Limited to the Register of Companies
| 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 CLARK – L Bell Cunningham, Clerk
Court 11 - Parliament House
Thursday 22nd February
Starred Motion
at 9.30am
A91/13 Laura McCluskey v Scott Wilson Scotland &c
| Allan McDougall | CMS | |
LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Thursday 22nd February
Case Management Hearing
at 9.30am
| COS/F99-23 Cherry Isdale v Graham Isdale | BTO Solicitors LLP
| Thorntons Law LLP | |
LORD HARROWER – S Alexander, Clerk
Parliament House
Thursday 22nd February
Continued By Orders
between 9.30am and 10.00am
| CA1/19 Lothian Amusements Ltd v The Kiln’s Development Ltd &c | Davidson Chalmers Stewart LLP
| Ennova Law | |
| CA2/19 Joseph Strand v The Kiln’s Development Ltd &c | Davidson Chalmers Stewart LLP
| Ennova Law | |
LORD BRAID – N Marchant, Clerk
Court 6 - Parliament House
Thursday 22nd February
JUDGMENT
(No appearance of counsel necessary)
| P1105/23 Pet: James Easdale &c for Breach of Interdict | Morton Fraser MacRoberts LLP
| Party | |
Procedural Hearing
between 9.00am and 9.30am
| COS/CA84-23 Kevan Jones &c v Craigton Holdings Ltd | Gillespie MacAndrew LLP
| Campbell Smith LLP | |
LORD SANDISON – R Hamilton, Clerk
Court 12 - Parliament House
Thursday 22nd February
By Order
between 9.30am and 10.00am
| A290/16 Christine Meikle v John Horsey &c | Kennedys Scotland
| BTO Solicitors LLP
| Aberdein Considine & Co |
LORD RICHARDSON – L Miller, Clerks
Court 7 - Parliament House
Thursday 22nd February
Pre-Proof Hearing
between 9.00am and 9.30am
COS/CA106-22 Dale House Developments Ltd v Brian Ronnie &c
| DAC Beachcroft Scotland LLP | Brodies LLP | |
Continued Procedural Hearing
between 9.30am and 10.00am
COS/CA31-23 Forthwell Ltd v Pontegadea UK Ltd
| Brodies LLP
| Burness Paull LLP | |
LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Thursday 22nd February
Case Management Hearing
at 9.30am
| COS/F76-23 Rosalind Lowrie v Patrick Burns | Morton Fraser MacRoberts LLP
| SKO Family Law Specialists | |
| COS/F1-24 Patrick Burns v Rosalind Lowrie | SKO Family Law Specialists | Morton Fraser MacRoberts LLP
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TO BE ALLOCATED
Thursday 22nd February
By Order
| A217/19 Neal Jackson v Grampian Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office
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By Order
| COS/PD70-21 Ronald Garvock &c v Kairdson Tyres Ltd | Digby Brown LLP | Clyde & Co (Scotland) LLP
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By Order
| P763/21 Pet: HMA to appoint Administrator re: Margaret Paterson | Crown Office & Procurator Fiscal Service
| Harper MacLeod LLP | |
By Order
| COS/PD227-22 Philip Hedge‑Holmes v Hayley Marshall | Slater & Gordon Scotland Ltd
| Clyde & Co (Scotland) LLP | |
Starred Motion
| COS/PD72-22 Debbie Miller v Ian Grant | Digby Brown LLP | BTO Solicitors LLP
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Starred Motion
| COS/PD230-22 Steven Maxwell v A&S Packing (Scotland) Ltd | Digby Brown LLP | BTO Solicitors LLP
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Starred Motion
COS/A194-22 Unite Accommodation Management Ltd &c v McAleer & Rushe Contracts UK Ltd &c
| CMS | Harper MacLeod LLP | |
Starred Motion
| COS/PD150-23 John Rait &c v Royal Mail Group Ltd | Drummond Miller LLP | Morton Fraser MacRoberts LLP
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