Friday 12th April 2024
Issue No. 140
and
Monday 15th April 2024
Issue No. 141
C O N T E N T S
Friday 12th April |
---|
Notices |
Fixing Notice |
Calling List |
Outer House Rolls (Adjustment) |
Notice |
Outer House Rolls |
Inner House Rolls |
Monday 15th April |
Notices |
Fixing Notice |
Notice |
Outer House Rolls |
Inner House Rolls |
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 April and 15th 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 |
---|
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
_______________
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 12th April
1 | COS/PD131-24 Andrew Currie v Kendrick Computing PLC | Thompsons |
2 | COS/CA7-24 Barry Stewart &c, as Joint Liquidators of One Call Holdings Ltd (in Liquidation) v Mario Formisano | BBM Solicitors Limited |
3 | COS/F100-23 Jamie Hargreaves v Melissa Cooney | Balfour + Manson LLP |
4 | COS/PD138-24 Mark Hughes v EPS Services & Tooling Ltd | Digby Brown LLP |
_________________
OUTER HOUSE ROLLS
Adjustment in the undernoted cases commenced on Wednesday 10th 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 5th June 2024.
1 | A248/23 Henderson & Jones Ltd v Gibson McKerrell Brown | Burness Paul LLP | BTO Solicitors LLP | |
2 | A212/22 AQ1 Properties Ltd v Ingram Architecture and Design Ltd | CMS | Clyde & Co Scotland LLP | |
_________________
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 ERICHT – C Wright, Clerk
Court 11 - Parliament House
Tuesday 16th April
Proof (8 days)
A223/20 Hassan Qasim v Vision Express (UK) Ltd &c | Anderson Strathern LLP | Clyde & Co (Scotland) LLP | |
LORD HARROWER – C Wright, Clerk
Parliament House
Monday 15th April
Judicial Review – Oral Hearing
at 9.30am
COS-P1176/23 Pet: Shno Abubakr for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
LORD BRAID – N Marchant, Clerk
Court 6 - Parliament House
Tuesday 16th April
By Order
between 9.30am and 10.00am
COS-CA84/22 Kevan Jones &c v Craigton Holdings Ltd | Gillespie MacAndrew LLP | Campbell Smith LLP | |
Proof Before Answer (4 days)
GP7/22 Link Group Ltd v Syndicate 4472 at Lloyds &c | TC Young LLP | CMS | |
LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
Tuesday 16th April
Judicial Review – Procedural Hearing
between 9.00am and 9.30am
COS-P14/24 Pet: Caz Rae for Judicial Review | Drummond Miller LLP | Shepherd & Wedderburn LLP | Harper MacLeod LLP |
Continued Procedural Hearing
between 9.30am and 10.00am
COS-CA97/23 Rocep-Lusol Holdings Ltd v Lindal Dispenser GmbH | Morton Fraser MacRoberts LLP | Burness Paull LLP | |
Preliminary Hearing and Starred Motion
between 10.00am and 10.30am
COS-CA94/23 Mex Group Worldwide Ltd v Stewart Ford &c | Clyde & Co (Scotland) LLP | BTO Solicitors LLP | Harper MacLeod LLP |
| CMS | | |
COS-P911/23 Mex Group Worldwide Ltd for Section 1 Order | Clyde & Co (Scotland) LLP | BTO Solicitors LLP | |
_______________
INNER HOUSE ROLLS
EXTRA DIVISION
Tuesday 16th April
Procedural Hearing
P625/22 Reclaiming Motion (Lord Young) Pet: Redcroft Care Homes Ltd for Judicial Review | BTO Solicitors LLP | City of Edinburgh Council | |
_______________
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
_______________
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 ERICHT – C Wright, Clerk
Court 11 - Parliament House
Wednesday 17th April
Case Management Hearing
A96/21 Kirstie McKie v Tayside Health Board | Jackson Boyd LLP | NHS Scotland Central Legal Office | |
LORD FAIRLEY – A McNeill, Clerk
Parliament House
Wednesday 17th April
Judicial Review – Oral Hearing
at 9.30am
COS-P1138/23 Pet: Duong Nguyen for Judicial Review | Drummond Miller LLP | Ledingham Chalmers LLP | |
LADY POOLE – S Alexander, Clerk
Court 10 - Parliament House
Wednesday 17th April
By Order
In terms of Rule of Court 43.6(3)
COS-PD510/22 Maureen Gilmour &c v Inveresk Group Ltd | Thompsons | Clyde & Co (Scotland) LLP | |
LORD BRAID – N Marchant, Clerk
Court 6 - Parliament House
Wednesday 17th April
Case Management Hearing
between 9.00am and 9.30am
A94/21 Nikki Grant v NHS Lanarkshire Health Board | Digby Brown LLP | NHS Scotland Central Legal Office | |
By Order
between 9.30am and 10.00am
CA2/22 Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd | Morton Fraser MacRoberts LLP | DAC Beachcroft Scotland LLP | |
LORD SANDISON – L Morgan, Clerk
Court 12 - Parliament House
Wednesday 17th April
Procedural Hearing
between 9.00am and 9.30am
COS-CA4/23 Scottish Water v Beatsons Building Supplies Ltd &c | Clyde & Co (Scotland) LLP | DAC Beachcroft Scotland LLP | Kennedys Scotland |
| John Jackson & Dick Ltd | | |
Continued Preliminary Hearing
between 9.30am and 10.00am
COS-CA102/23 REX Property Developments Ltd v Onestop Access (Scotland) Ltd | Harper MacLeod LLP | TC Young LLP | |
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INNER HOUSE ROLLS
SECOND DIVISION
Wednesday 17th April
Summar Roll
COS-P985/23 Reclaiming Motion (Lady Carmichael) Pet: Presiding Coroner of Northern Ireland re ‘Soldier F’ | Balfour + Manson LLP | Burnett Christie Knowles McCourts | |
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