Friday 16th February 2024
Issue No. 101
C O N T E N T S
| Notice |
|---|
| Fixing Notice |
| Calling List |
| Walling List |
| Outer House (Adjustment) Roll |
| 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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F I X I N G 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 – 17th September 2024
Personal Injury Proofs requiring more than 4 days - 20th May 2025
Ordinary Action Proofs requiring more than 4 days – 21st May 2024
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COURT OF SESSION
CALLING LIST
Friday 16th February
| 1 | COS-PD26/24 Anne Ainslie &c v BUPA Care Homes (CFH Care) Ltd
| Thompsons
|
| 2 | COS-PD5/24 Brian Bennett v Tarmac Trading Ltd
| Digby Brown LLP
|
| 3 | COS-PD16/24 Gary McGroarty &c v Greater Glasgow & Clyde Health Board
| Lindsays LLP
|
| 4 | COS-PD25/24 JD v Fife Council
| Digby Brown LLP
|
| 5 | COS-PD29/24 Simon Sole v Emma Neylon | Digby Brown LLP |
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COURT OF SESSION
WALLING LIST
Friday 16th February
| 1 | Petition | Aanuoluwapo Jeremiah Babafemi for Judicial review of a decision by the Secretary of State for the Home Department to cancel his leave to remain
| Drummond Miller LLP |
| 2 | Petition | Chijioke Obiora Iloelunachi for Judicial review of the Respondent’s unlawful failure to make a decision on the Petitioner’s application for indefinite leave to remain in the United Kingdom
| Drummond Miller LLP |
| 3 | Petition | Olaniya Oladayo Olawale for Judicial review of decisions by the Secretary of State for the Home Department to refuse his application for leave to remain as a Graduate and to cancel his leave
| Drummond Miller LLP
|
| 4 | Petition | Daramola Agboola Out for Judicial review of a decision by the Secretary of State for the Home Department to cancel his leave to remain
| Drummond Miller LLP |
| 5 | Petition | The Nursing and Midwifery Council for an extension of the period of an Interim Conditions of Practice Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by three months to 27 June 2024
| N/A |
| 6 | Petition | The Nursing and Midwifery Council for an extension of the period of an Interim Conditions of Practice Order imposed on a Registrant under Article 31(9) of the Nursing and Midwifery Order 2001 by 12 months to 25 March 2025 | N/A |
| 7 | 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 25 March 2025 | N/A |
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OUTER HOUSE ROLLS
Adjustment in the undernoted cases commenced on Wednesday 14th 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 10th April 2024.
| 1 | A339/23 Ricky Healey &c v Robert Beaumont &c
| Lindsays LLP
| BTO Solicitors LLP
| |
| 2 | A27/24 A v Police Scotland
| Drummond Miller LLP
| Morton Fraser MacRoberts 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 20th February
Proof Before Answer (16 days)
| A65/13 Simon Pelosi v Lanarkshire Housing Association Ltd | Allan McDougall | Brodies LLP | |
LADY CARMICHAEL – E Hunter, Clerk
Court 8 - Parliament House
Monday 19th February
Hearing on Petition and Answers
| COS-P985/23 Pet: Presiding Coroner of Northern Ireland v Soldier F | Balfour + Manson LLP | Burnett Christie Knowles McCourts | |
Tuesday 20th February
Starred Motion
at 9.00am
| AD27/23 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 |
Proof (4 days) and Starred Motion
| COS-F86/22 Patina MacKay v Colin MacKay | Drummond Miller LLP | Gibson Kerr Law & Property | |
LORD BRAID – N Marchant, Clerk
Court 6 - Parliament House
Tuesday 20th February
Case Management Hearing
between 9.00am and 10.00am
| A268/20 Vikki Wilson v Forth Valley Health Board | Slater & Gordon Scotland Ltd | NHS Scotland Central Legal Office | |
By Order
between 10.00am and 11.00am
| COS-A117/23 Duncan Orr &c v UK Agricultural Lending Ltd | Shepherd & Wedderburn LLP | | |
LORD SANDISON – R Hamilton, Clerk
Court 12 - Parliament House
Tuesday 20th February
Case Management Hearing
between 9.00am and 9.30am
| COS-PD209/21 Paula Walker v Kevin McKeown | Drummond Miller LLP | Party | |
Proof (3 days)
| COS-CA64/23 Keith Inch &c v Margaret Totten | DAC Beachcroft Scotland LLP | Party | |
LORD RICHARDSON – C Anderson/L Miller, Clerks
Court 7 - Parliament House
Tuesday 20th February
Proof (4 days)
| P187/19 Pet: GCOS Ltd for orders under section 994 and 996 of the Companies Act 2006 | TC Young LLP
| Harper MacLeod LLP | |
LADY DRUMMOND – D Swords, Clerk
Parliament House
Tuesday 20th February
Starred Motion
at 9.30am
| COS-A154/22 F v Gordon Chalmers &c | A & W M Urquhart
| Keoghs Scotland LLP | Clyde & Co (Scotland) LLP |
LORD STUART – C Munn, Clerk
Court 4 - Parliament House
Tuesday 20th February
Continued Proof (4 days)
| AD5/23 Pet: Application for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re TMAMc | Aberdeen City Council | Rutherford Sheridan | |
AD6/23 Pet: Application for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re KGJEMc
| Aberdeen City Council | Rutherford Sheridan | |
| AD7/23 Pet: Application for a Permanence Order under Section 80 of the Adoption and Children (Scotland) Act 2007 re MAMcC | Aberdeen City Council | Rutherford Sheridan | |
TO BE ALLOCATED
Tuesday 20th February
Proof (6 days)
| COS-PD299/22 David Aspley v Babcock International | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
Proof (4 days)
| COS-PD73/23 Mary Harkins &c v Dundee City Council | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
Starred Motion
| COS/PD226-23 Rodney Laing &c v Barchester Healthcare Ltd | Thompsons | Keoghs Scotland LLP | |
Starred Motion
| COS-PD72-22 Debbie Miller v Ian Grant | Digby Brown LLP | BTO Solicitors LLP | |
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