Thursday 2nd February 2023
Issue No. 90
C O N T E N T S
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| Erratum |
| Notice |
| Fixing Notice |
| Calling List |
| Walling List |
| Undefended Consistorial Causes |
| Decrees |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
E R R A T U M
Please note that the undernoted Calling List should have appeared on Issue No. 89 of the Rolls of Court published on Wednesday 1st February 2023.
COURT OF SESSION
CALLING LIST
Wednesday 1st February
| 1 | COS/PD3-23 Anne Marshall-Tarling &c v Mowlem Scotland Ltd | Digby Brown LLP |
| 2 | COS/PD543-22 DBNS v Glasgow City Council | Digby Brown LLP |
| 3 | COS/A280-22 Robert Brownlie &c v The Scottish Ministers on behalf of the Scottish Government as representing The Scottish Prison Service &c | Allan McDougall |
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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 a date for the motion to call a minimum of 2 days ahead. Can all parties please ensure their respective counsel are available prior to the enrolment of any opposed or starred motion.
An email will be sent to parties setting out the proposed date, Judge and clerk. The clerk will then liaise with parties to agree a time for the motion to call. This is to ensure opportunity is provided for representations to be made about the form of the hearing.
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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 - 5th September 2023
Personal Injury Proofs requiring more than 4 days - 19th January 2024
Ordinary Action Proofs requiring more than 4 days - 18th April 2023
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COURT OF SESSION
CALLING LIST
Thursday 2nd February
| 1 | COS/PD551-22 Douglas Watt v Mitchell Construction Kinnear Moodie Group Ltd | Digby Brown LLP |
| 2 | COS/PD567-22 Gillian Arthur &c v Weir Engineering Services Ltd | Thompsons |
| 3 | COS/PD5-23 John Drurie v XPO Bulk UK Ltd | Lawford Kidd |
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COURT OF SESSION
WALLING LIST
Thursday 2nd February
| 1 | Petition | Zebaldine Tjiueza for Judicial Review of a decision by the Secretary of State for the Home Department to certify an asylum and human rights claim as clearly unfounded | Drummond Miller LLP as agents for Katani and Co Solicitors, Glasgow |
| 2 | Petition | Daniel Dorosz for Judicial Review of decision by the Secretary of State for the Home Department | Drummond Miller LLP as agents for McGlashan MacKay Solicitors, Glasgow |
| 3 | 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 6 months to 15 September 2023 | N/A |
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UNDEFENDED CONSISTORIAL CAUSES
Decree of Divorce was Granted on Thursday 26th January 2023
| 1 | F8/22 Nicola Soncini v Filippo Soncini |
Decree of Divorce was Granted on Thursday 2nd February 2023
| 1 | COS/F44-22 Pamela Mitchell v Roy Mitchell |
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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 ARMSTRONG –TBC, Clerk
Court TBC - Parliament House
Tuesday 7th February
Oral Hearing
at 9.00am
| P671/22 Pet: Justice Ngema for Judicial Review | Drummond Miller LLP | SGLD | |
LORD ERICHT – D Facchini, Clerk
Court 8 - Parliament House
Thursday 9th February
By Order
between 9.30am and 10.00am
| CA43/21 SRB Civil Engineering UK Ltd v Ramboll UK Ltd | BTO Solicitors LLP | CMS | |
LADY CARMICHAEL – N Marchant, Clerk
Court 11 - Parliament House
Monday 6th February
By Order
at 9.00am
| F66/21 Sarah Foster v Ross Foster | Brodies LLP | Harper MacLeod LLP | |
Tuesday 7th February
By Order
| F7/22 Mhairi Taylor v Oliver Lewis | DAC Beachcroft (Scotland) LLP | Brodies LLP | |
Wednesday 8th February
Continued Case Management Hearing & By Order
at 9.00am
| COS/F69-22 Stacey Tucker v Mark Davies | Thorley Stephenson LLP | Drummond Miller LLP | |
| P765/21 Pet: Mark Davies to Enforce Part One Order | TLT LLP | Thorley Stephenson LLP | |
Pre-Proof Hearing & Opposed Motion
at 9.30am
| COS/F73-22 Christopher Dexter v Catherine Boyd | Brodies LLP | Morton Fraser LLP | |
By Order
| A95/14 Thomas Chalmers &c v Diageo Scotland Ltd | Balfour + Manson LLP | Pinsent Masons LLP | |
By Order
| A69/19 Robert Blackwood v NHS Fife Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order (Adjustment) Roll
| A31/22 Royal British Legion Scotland SCIO v The British Legion Club (Inverness) Ltd &c | Turcan Connell | Ledingham Chalmers LLP | |
Thursday 9th February
Pre-Proof Hearing
at 9.00am
| COS/F50-22 James Lygate v Lesley Lygate | Brodies LLP | Blackadders LLP | |
Starred Motion
at 9.30am
| P823/21 Pet: Fredrick Morris to Enforce Part One Order | Harper MacLeod LLP | Balfour + Manson LLP | |
Pre-Proof Hearing
| A350/19 Christine Hall v Scottish Ministers | Drummond Miller LLP | Harper MacLeod LLP | |
Continued Second Hearing
| P825/22 Pet: AJDC for orders re: child abduction | SKO Family Law Specialists | Morton Fraser LLP | |
Friday 10th February
Pre-Proof Hearing
at 9.00am
| F106/21 Sarah Hendrie v Mark Hendrie | Johnson Legal | McEwan Fraser Legal | |
Case Management Hearing
at 9.30am
| F65/21 Evelyn Gillies v Ewen Gillies | Gilson Gray LLP | Balfour + Manson LLP | |
Pre-Proof Hearing
at 10.00am
| F84/20 Juanita Plo v Allesandro Romanelli | Party | Millard Law | Lisa Rae & Co |
LORD ARTHURSON –TBC, Clerk
Court TBC - Parliament House
Friday 10th February
Procedural Hearing
at 9.30am
| P601/22 Pet: Andrew Woodroffe for Judicial Review | Ledingham Chalmers LLP | Harper MacLeod LLP | |
LORD HARROWER –S Alexander, Clerk
Court 6 - Parliament House
Wednesday 8th February
By Order
between 9.00am and 9.30am
| PD371/19 Fiona Drouet &c v Angus Milligan | Jones Whyte Law | Balfour + Manson LLP | |
Procedural Hearing
| A238/19 Louise Wood v Lothian Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order
| A126/20 Lisa Jomon &c v Denburn Health Centre &c | DAC Beachcroft (Scotland) LLP | Clyde & Co (Scotland) LLP | NHS Scotland Central Legal Office |
Starred Motions
| P744/22 Pet: An Dang for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
| P792/22 Pet: Roya Grayson for Judicial Review | Drummond Miller LLP | Office of the Advocate General | |
Thursday 9th February
By Order
| A73/20 Torquhil Campbell v The Advocate General for Scotland | Lindsays LLP | Morton Fraser LLP | |
By Order
| A351/21 Kay Tompkins v Andrew Paterson &c | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | MDDUS |
| | NHS Scotland Central Legal Office | | |
By Order
| COS/PD66-21 Robert Dick v Diageo Plc &c | Digby Brown LLP | Clyde & Co (Scotland) LLP | BTO Solicitors LLP |
Friday 10th February
Procedural Hearing
between 9.30am and 10.00am
| P919/22 Pet: Community Pharmacy Scotland for Judicial Review | CMS | NHS Scotland Central Legal Office | MacRoberts LLP |
LORD BRAID – R Hamilton, Clerk
Court 7 - Parliament House
Tuesday 7th February
Proof (4 days)
| COS/PD154-22 Chay Ewing &c v Ashwell Scott (Scotland) Ltd | Digby Brown LLP | BTO Solicitors LLP | |
Wednesday 8th February
By Order
| A181/17 Kenneth Mackay &c v Euan Fraser &c | Lindsays LLP | Turcan Connell | |
By Order
| A377/19 Hamish McLean v Elderbridge Ltd | Balfour + Manson LLP | Alston Law | |
Continued By Order
| A287/20 Rederij K&T Holland CV XII v Thomas Muir (Rosyth) Ltd | Clyde & Co (Scotland) LLP | Kennedys Scotland | |
Thursday 9th February
By Order
| A307/19 Casey Adams v Fife Health Board | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order
| COS/PD407-21 Ronan Murray v EUI Ltd | Thompsons | Clyde & Co (Scotland) LLP | |
Friday 10th February
Procedural Hearing
between 9.00am and 9.30am
| CA8/21 McKechnie (Wholesale & Manufacturing) Ltd v D2 Corporate Solutions Ltd | DAC Beachcroft Scotland LLP | Brodies LLP | |
LORD SANDISON –L Morgan, Clerk
Court 8 - Parliament House
Tuesday 7th February
Continued Procedural Hearing
between 9.00am and 10.00am
| CA62/22 Moray Offshore Renewable Power Ltd v Bluefloat Energy UK Holdings Ltd | Burness Paull LLP | Brodies LLP | |
By Order
| PD462/18 Heather Goody &c v James Scott Ltd &c | Thompsons | Clyde & Co (Scotland) LLP | |
Starred Motion
| COS/PD218-21 David Ferguson v Barry Robertson | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
Wednesday 8th February
Procedural Hearing
between 9.00am and 10.00am
| CA78/22 Stornoway Port Authority v Aecom Infrastructure and Environment UK Ltd &c | Brodies LLP | MacRoberts LLP | Pinsent Masons LLP |
| | BTO Solicitors LLP | | |
By Order
| A49/21 Patricia Donaghy v Peter Donaghy | TLT LLP | Balfour + Manson LLP | |
By Order
| A157/20 Renewable Design & Development Ltd v Stuart Burke Associates Ltd | DAC Beachcroft (Scotland) LLP | CMS | |
Thursday 9th February
By Order
between 9.00am and 9.30am
| CA54/18 Silverburn Trustee Ltd v Lendlease Construction (Europe) Ltd | Brodies LLP | Pinsent Masons LLP | |
Substantive Hearing
| P697/22 Pet: Sunbeam Fishing Ltd for Judicial Review | DAC Beachcroft LLP | Office of the Advocate General | |
Friday 10th February
Continued By Order
between 9.00am and 9.30am
| PD205/20 James Marr v Advocate General for Scotland &c | Thompsons | Harper MacLeod LLP | Clyde & Co (Scotland) LLP |
| | DAC Beachcroft LLP | | |
By Order (Adjustment) Roll
between 9.30am and 10.00am
| A447/17 Mark Atherton v Cannons Law Practice | Thompsons | Brodies LLP | |
LADY HALDANE –TBC, Clerk
Court TBC - Parliament House
Thursday 9th February
By Order
| COS/PD65-21 Gordon MacLennan v Beam Suntory UK Ltd | Balfour + Manson LLP | BTO Solicitors LLP | |
By Order
| COS/A236-22 Oskar Sumera v Skyfire Insurance Company Ltd | Party | Weightmans (Scotland) LLP | |
LORD RICHARDSON –C Scott, Clerk
Court TBC - Parliament House
Wednesday 8th February
Procedural Hearing
between 9.00am and 9.30am
| CA27/22 Pursuit Marketing Ltd &c v Kyle Thomson &c | Campbell Smith LLP | Balfour + Manson LLP | A & W M Urquhart |
| | Drummond Miller LLP | MBM Commercial LLP | Davidson Chalmers Stewart LLP |
| | Gilson Gray LLP | | |
Procedural Hearing
| P1020/21 Pet: Anu Sharma for Judicial Review | Harper MacLeod LLP | Ledingham Chalmers LLP | |
By Order
| COS/PD104-21 George Lawton v WM Morrisons Supermarkets Ltd &c | Lawford Kidd | Clyde & Co (Scotland) LLP | |
By Order (Adjustment) Roll
| A82/22 Archibald Ritchie v DB London Ltd | Party | Harper MacLeod LLP | |
By Order
| A121/21 Mary White v NHS Lothian | Lyons Davidson Scotland | NHS Scotland Central Legal Office | |
Thursday 9th February
Starred Motion
between 10.00am and 12.00pm
| CA32/22 Earls Gate Energy Centre Ltd v CNIM (Earls Gate) Ltd | Pinsent Masons LLP | Brodies LLP | |
Pre-Proof Hearing & Starred Motion
| COS/A155-22 June McConnell v Colin McConnell | DAC Beachcroft Scotland LLP | Brodies LLP | |
By Order
| A357/16 Consort Healthcare (Fife) Ltd v Balfour Beatty Fife Hospital &c | DLA Piper Scotland LLP | Pinsent Masons LLP | MacRoberts LLP |
| | CMS | | |
Friday 10th February
Pre-Proof Hearing
| A182/19 Keith Ward v Tillicountry Medical Practice | Balfour + Manson LLP | MDDUS | |
By Order
| A256/20 Currie & Brown UK Ltd v Buchan + Associates Ltd | Keoghs Scotland LLP | Alexander & Co Commercial Attorneys | |
LORD LAKE –TBC, Clerk
Court TBC - Parliament House
Thursday 9th February
Procedural Hearing
| P761/22 Pet: Chase Shaffar-Roggeveen for Judicial Review | Anderson Strathern LLP | Brodies LLP | |
LORD STUART –L Cranston, Clerk
Court 4 - Parliament House
Tuesday 7th February
Proof (4 days)
| F48/20 Tania Garcia v David Clark | Party | Turcan Connell | |
| F44/21 David Clark v Tania Garcia | Turcan Connell | Party | |
By Order
| F118/11 Huda Abdulgader v Abdulmutalib Almadni | Party | | |
Wednesday 8th February
Case Management Hearing
at 9.00am
| COS/F99-22 Fiona Murray v Colin Murray | Brodies LLP | DAC Beachcroft Scotland LLP | |
By Order
| COS/PD246-21 Lee Ann Ross &c v Upper Clyde Ship Builders Ltd | Drummond Miller LLP | Clyde & Co (Scotland) LLP | CMS |
| | Plexus Law Limited | | |
By Order
| COS/PD77-22 June Spence &c v Hussman Manufacturing Ltd | Thompsons | Clyde & Co (Scotland) LLP | |
Thursday 9th February
Case Management Hearing
at 9.00am
| COS/F114-22 Christine Waddell v Martin Waddell | Johnson Legal | T C Young LLP | |
Friday 10th February
Case Management Hearing
at 9.00am
| COS/F104-22 Gordon Angus v Nadia Angus | Brodies LLP | Turcan Connell | |
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INNER HOUSE ROLLS
FIRST DIVISION
Tuesday 7th February
Summar Roll
| XA1/22 Robert Bruce v Moray Council | Drummond Miller LLP | DWF LLP | |
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