Friday 23rd February 2024
Issue No. 106
C O N T E N T S
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| Notice |
| Fixing Notice |
| Calling List |
| Walling List |
| Outer House Rolls (Adjustment) |
| Notice |
| Outer House Rolls |
| Inner 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
Friday 23rd February
| 1 | PD35/24 Alex Fenton v The Scottish Ministers as representing Forestry and Land Scotland
| Thompsons |
| 2 | PD39/24 Christopher Paxton v Greenfold Systems Ltd | Digby Brown LLP
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| 3 | F5/24 Danielle Newlands (FE) v Angela Newlands | Morton Fraser MacRoberts LLP
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| 4 | F12/24 Derek Carson v Paula Carson | Turcan Connell
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| 5 | A338/23 Gail Kilmartin v Johnson & Johnson Medical Ltd | Jackson Boyd LLP
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| 6 | A24/24 Michael Morgan v Mairi MacQueen | Morton Fraser MacRoberts LLP
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COURT OF SESSION
WALLING LIST
Friday 23rd February
| 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 12 months to 7 April 2025
| N/A |
| 2 | 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 8 months to 3 December 2024
| N/A |
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OUTER HOUSE ROLLS
Adjustment in the undernoted cases commenced on Wednesday 21st February 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 17th April 2024.
| 1 | A207/22 James Scott Ltd v Lothian Health Board &c | DAC Beachcroft Scotland LLP
| NHS Scotland Central Legal Office
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| 2 | A14/23 Cape Darlington Ltd v Union Insulation Company Ltd
| DAC Beachcroft Scotland LLP
| Clyde & Co (Scotland) LLP | |
| 3 | A45/24 Alan Marley &c v Thornhill House Residential Care Home
| Thompsons | Clyde & Co (Scotland) LLP | |
| 4 | A310/19 Fiona Bradshaw &c v NHS Lothian
| Balfour + Manson LLP | NHS Scotland Central Legal Office
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| 5 | A404/23 Nicola Allan &c v Fife Health Board
| Balfour + Manson LLP | NHS Scotland Central Legal Office
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| 6 | A399/23 Colin Forrest &c v Lothian Health Board
| Drummond Miller LLP | NHS Scotland Central Legal Office
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| 7 | A343/23 Urras Oighreachd Ghabhsainn v Scottish Hydro Electric Power Distribution plc
| DAC Beachcroft Scotland LLP | BTO Solicitors 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
LORD CLARK – L Bell Cunningham, Clerk
Court 11 - Parliament House
Tuesday 27th February
Continued Proof Before Answer
A65/13 Simon Pelosi v Lanarkshire Housing Association Ltd
| Allan McDougall | Brodies LLP | |
LORD ARTHURSON – A Galloway, Clerk
Court 10 - Parliament House
Tuesday 27th February
Proof (4 days)
AD29/22 Pet: Permanence Order in terms of Section 80 of the Adoption and Children (Scotland) Act 1007 re: JRG
| Aberdeen City Council | Rutherford Sheridan | |
AD30/22 Pet: Permanence Order in terms of Section 80 of the Adoption and Children (Scotland) Act 1007 re: KG
| Aberdeen City Council | Rutherford Sheridan | |
LORD SANDISON – R Hamilton, Clerk
Court 12 - Parliament House
Tuesday 27th February
By Order
between 9.00am and 9.30am
| A290/16 Christine Meikle v John Horsey &C | Kennedys Scotland | BTO Solicitors LLP | Aberdein Considine & Co
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LORD RICHARDSON – D Allen, Clerk
Court 7 - Parliament House
Tuesday 27th February
Proof Before Answer (4 days)
COS/CA106-23 Dale House Developments Ltd v Brian Ronnie &c
| DAC Beachcroft Scotland LLP | Brodies LLP | |
LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Tuesday 27th February
Case Management Hearing
at 9.30am
| COS/F76-22 David Gemmell v Elizabeth Monteu | Morton Fraser MacRoberts LLP
| SKO Family Law Specialists | |
TO BE ALLOCATED
Tuesday 27th February
Proof (4 days) and Starred Motion
COS/PD372-22 Nigel Dick v Joseph Merrick
| Thompsons | Eversheds Sutherland (International) LLP
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Starred Motion
PD521/19 Jayne Anderson &c v BP Exploration Operation Co &c
| Balfour + Manson LLP | Clyde & Co (Scotland) LLP
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Starred Motion
COS/A180-23 Tracy Dunlop &c v Williamwood Medical Practice &c
| DAC Beachcroft Scotland LLP
| BTO Solicitors LLP
| MDDUS |
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INNER HOUSE ROLLS
FIRST DIVISION
Tuesday 27th February
Summar Roll (3 days)
| CA29/21 Reclaiming Motion (Lord Ericht) Centenary 6 Ltd v TLT LLP | Harper MacLeod LLP
| Clyde & Co (Scotland) LLP | |
EXTRA DIVISION
Tuesday 27th February
Procedural Hearing
A214/20 Reclaiming Motion (Lord Stuart) William Gray v Stuart McCallion &c
| Harper MacLeod LLP | Brodies LLP | |
Single Bill
at 10.30am
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 | | |
Single Bill
at 11.30am
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 | | |
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