No. 128 –
Thursday 28th February
C O N T E
N T S
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
The
Lords Commissioners of Justiciary have made an Act of Adjournal amending the
Criminal Procedure Rules 1996.
Paragraph
2 substitutes a new Form 16.1-D (means form).
Paragraph
3 amends the Rules to make provision consequential on the commencement of the
provisions of the Vulnerable Witnesses (
Paragraph
3(1) amends the form of vulnerable witness application set out in the appendix
to the Rules to allow it to apply in summary proceedings.
Paragraph
3(2) revokes provision which is no longer necessary in consequence of the
completion of the commencement of the Vulnerable Witnesses (
EXPLANATORY NOTE
The
Lords Commissioners of Justiciary have made an Act of Adjournal amending the
Act of Adjournal (Criminal Procedure Rules) 1996 in consequence of the Criminal
Proceedings etc. (Reform) (
Paragraph
2 makes amendments in consequence of the establishment of justice of the peace
courts. It replaces references to
district courts with references to justice of the peace courts and provides
that, while district courts are still in existence, references to justice of
the peace courts are to be read as references to district courts, where
relevant.
Paragraph
3 inserts new rule 17.A1 providing a form for a joint or individual written
applications for extension of the period of detention under section 147 of the
Criminal Procedure (Scotland) Act 1995 (“1995 Act”) and providing that such
applications should be intimated to the other parties. Applications may also be made orally in
court.
Paragraph
4 inserts new rules for dealing with obstructive witnesses:
(a) rule 18.3 replaces the existing rule and provides a
form of application for a warrant to apprehend obstructive witnesses and a form
of warrant;
(b) rule 18.3A(1) provides a form of application for
review by a witness liberated on bail under a court order made under section
156A of the 1995 Act;
(c) rule 18.3B provides a form of citation of a witness
under section 156C(5);
(d) rule 18.3C provides a form of appeal to the High Court
by a witness, prosecutor or accused against an order made under section 156A of
the 1995 Act.
Paragraph 5 inserts new rules
relating to fines enforcement:
(a)
rule 20.9A
provides a form of enforcement order, which includes warrant for civil
diligence;
(b)
rule 20.9B makes
provision for the form of application for an order for sale or disposal of a
vehicle and the form of any objections by the offender;
(c)
rule 20.9C makes
provision for an application to the sheriff by a person claiming to own a
vehicle that is subject to a vehicle seizure order under section 226D of the
1995 Act;
(d)
rule 20.9D makes
provision for an offender to make an application for review of certain actions
of a fines enforcement officer.
Paragraph
6 inserts a new Chapter 53 into the Rules.
Rule 53.1 makes provision for an application for review of the decision
of the clerk of court in relation to a request by an offender to recall a fixed
penalty or compensation offer that was deemed to be accepted.
__________________
The following motions
were granted, unopposed, on Monday 25th February 2008 in terms of
the Pilot Scheme intimated on the Rolls of Court on Thursday 8th
February 2007
|
PD2037/06
Helen Durno &c v Kendrick Computing plc |
Thompsons |
Biggart
Baillie |
The following motions
were granted, unopposed, on Tuesday 26th February 2008 in terms of
the Pilot Scheme intimated on the Rolls of Court on Thursday 8th
February 2007
|
PD429/06
Martine Watson v Barony Housing Association |
Thompsons |
Simpson
& Marwick |
The following motions
were granted, unopposed, on Wednesday 27th February 2008 in terms of
the Pilot Scheme intimated on the Rolls of Court on Thursday 8th
February 2007
|
PD1827/07
Charles Wilson v Aviance UK Ltd |
Thompsons |
Simpson
& Marwick |
|
PD1832/07
Bruce Harper v Kemfine UK Ltd |
Digby
Brown |
Brodies |
|
PD2121/07
Sharon Tumilty v Norwich Union Insurance Ltd |
Thompsons |
Simpson
& Marwick |
|
PD1220/07
Gary Scott v United Biscuits (Holdings) Ltd |
Thompsons |
Simpson
& Marwick |
|
PD2106/07
John McVey v Norwich Union Insurance Ltd |
Thompsons |
Simpson
& Marwick |
|
PD1398/07
Linda Colville v Anthony Bennell &c |
Digby
Brown |
Simpson
& Marwick |
|
PD2070/07
Karen Rodgers &c v Upper Clyde Shipbuilders (in liq) |
Thompsons |
Biggart
Baillie |
|
PD1945/07
Gary Philp v Fife Council |
Thompsons |
Simpson
& Marwick |
|
PD1030/07
Helen Gorman v First Glasgow |
Thompsons |
Simpson
& Marwick |
|
PD1562/07
Fraser Kane v Wyman Gordon Ltd |
Thompsons |
Simpson
& Marwick |
_____________________
COURT OF
SESSION
Thursday 28th
February
|
1 |
Brian Blair, |
Digby Brown |
|
2 |
Lucille Dawson, 195 Great Northern Road,
Aberdeen AG Bluebird Buses Ltd, a company incorporated under the Companies
Acts with their registered office at 10 Dunkeld Road, Perth and having a
place of business at Guild Street, Aberdeen |
Lefevre Litigation |
|
3 |
Lindsey Dudgeon, 13 Littlemoore, Huntingdon,
Cambridgeshire AG June Taylor, Blythbank, |
Digby Brown |
|
4 |
Ferncare Ltd (in liquidation) a company
incorporated under the Companis Acts and having its registered office
formerly at 1 Station Road, Bridge of Weir, Renfrewshire then at Aspect
Court, 116 West Regent Street, Glasgow and now at 21 York Place, Edinburgh
and another AG Jacqueline Anne Quinn, Blackridge Farm, Craigens Road,
Newhouse, Airdrie |
Tods Murray |
|
5 |
Siobhan Gallagher, |
Digby Brown |
|
6 |
Peter Higgins, 79 Middleton Street,
Alexandria, Dunbartonshire AG Upper Clyde Shipbuilers Ltd (in liq), 25
Bothwell Street, Glasgow and Douglas B Jackson, Chartered Accountant, Allan
House, 25 Bothwell Street, Glasgow the official liquidator threof |
Digby Brown |
|
7 |
Sylvanus Kanebi Iwelumo, |
Lefevre Litigation |
|
8 |
John Kempton, |
Digby Brown |
|
9 |
Alan Lees, 12 Whties Neuk, Lanark AG John
Good, |
HBJ Claims Solutions ( |
|
10 |
Patrick McKee, 100 Rowan Drive, Blackburn,
Bathgate AG Tesco Stores Ltd, a company incorporated under the Companies Acts
and having a place of business at Blackburn Road, Bathgate, West Lothian |
Morisons |
|
11 |
Gordon McLeod, 33 Glasgow Road, Edinburgh AG
Scotland Gas Networks plc, Inveralmond House, 200 Dunkeld Road, Perth |
Digby Brown |
|
12 |
The Royal Bank of Scotland plc, |
|
|
13 |
John Wilson, 26a Chapel Street, Turriff AG
William Dalgarno, |
Lefevre Litigation |
UNDEFENDED CONSISTORIAL CAUSES
Divorce application
(Simplified Procedure) awaiting determination
|
1 |
Alan Paul Millar, 35 West Glen Avenue, Deans,
Livingston, West Lothian AG Melanie Helen Cherry or Millar, |
|
2 |
Isabel Mary Lindsay Thomson or Adams, |
|
3 |
Denise Smith or Hutchison, 9/4 Mount Alvernia,
Lasswade Road, Edinburgh AG Richard James Hutchison, 9 Durward Grove,
Edinburgh |
|
4 |
Jean Elizabeth Mercer of Holles, 1 Fernoch,
Kilmichael Glen Ford, Lochgilphead, Argyll AG Charles Thomas Holles, Calle
Acueducto 9, 11320 San Pablo De Buceite, Cadiz, Spain |
|
5 |
Eric Dean, |
Divorce decrees granted under Simplified Procedure on Thursday 28th February
2008
|
1 |
David Hendry v Rosalind Hendry |
|
2 |
Neil Brodie v Nadezhda Brodie |
Friday 29th
February
EXTRA
DIVISION
|
*1 |
E J
Al-Dabas &c for leave to appeal |
Drummond Miller |
|
|
|
*2 |
Huda
Al-Hassiry v Asylum & Immigration Tribunal |
Drummond Miller |
|
|
LORD CARLOWAY
|
1 |
Henry Nelson v Glasgow City Council
|
G Lindsay |
|
|
|
2 |
Martin O’Connor v Assured Technical Services |
Digby Brown |
|
|
|
3 |
Norma Prow v Alison Coventry |
Gildeas |
|
|
|
4 |
Paul Rennie v Exel Europe Ltd |
|
|
|
|
5 |
Jason Stewart v ICL Tech Ltd |
Digby Brown |
|
|
|
6 |
Robert Turner v Scottish Water |
HBM Sayers |
|
|
CONTINUED
MOTIONS
|
1 |
Susan Gamble v Keith Carter &c |
Balfour + Manson LLP |
Ledingham Chalmers |
Maclay Murray & Spens |
|
2 |
Pet: Mitchells & Butlers Retail Ltd for
judicial review |
Lindsays |
|
|
|
3 |
Pet Yun Lin for judicial review |
Drummond Miller |
|
|
LORD CLARKE
PETITION
DEPARTMENT
UNSTARRED
MOTIONS
|
1 |
Note Murdo Smith for recall of restraint order |
Crown Office |
|
|
|
2 |
Pet Andrew Allan for judicial review |
Balfour + Manson LLP |
|
|
|
3 |
Pet Andrew Speight for recall of sequestration |
HBJ Gateley Wareing ( |
|
|
|
4 |
Pet Husain Barvi for judicial review |
Drummond Miller |
|
|
|
5 |
Pet Carla Russo for removal of executor dative |
Party |
|
|
|
6 |
Pet Steven Hutchieson for judicial review |
Balfour + Manson LLP |
|
|
Friday 29th
February
By Order
|
1 |
PD770/03 Margaret Allan v David Allison &c |
Party |
|
|
|
2 |
A858/04 Rosemary McCusker v David Cunningham |
|
HBM Sayers |
|
LORD MACKAY
OF DRUMADOON
UNSTARRED
MOTIONS
|
1 |
|
Stuart & Stuart |
|
|
|
2 |
Tracey Armstrong v Alison Baylis |
Harper Macleod |
|
|
|
3 |
Martha Black v Carillion Construction
(Contract) Ltd |
HBM Sayers |
|
|
|
4 |
Kevin Boyle v KC (Taverns) Ltd |
Simpson & Marwick |
|
|
|
5 |
William Caldwell v Weir Pumps Ltd |
Digby Brown |
|
|
|
6 |
Daniel Chandler v Ashlea Ltd &c |
HBM Sayers |
|
|
|
7 |
James Watson v Scottish Water |
HBM Sayers |
|
|
LORD McEWAN
UNSTARRED
MOTIONS
|
1 |
William Gibson v John Clarkson Plumbing Serv
Eng Ltd |
Simpson & Marwick |
|
|
|
2 |
Rosemary Hutchison v James Yuill |
HBJ Claims Solutions ( |
|
|
|
3 |
Jacqueline Irvine &c v Central Demolition
Ltd |
DLA |
|
|
|
4 |
Andrew Johnston v Asda Stores Ltd |
Digby Brown |
|
|
|
5 |
John Junor v Andrew Bremner |
|
|
|
CONTINUED
MOTION