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Friday 16th September 2022

 

Issue No. 249

 

and

 

Monday 19th September 2022

 

Issue No. 250

 

 

C O N T E N T S

 

 

Friday 16th September
Notices
Fixing Notice
Calling List
Walling List
Outer House Rolls (Adjustment)
Notice
Outer House Rolls
Inner House Rolls
Monday 19th September
Notice
Fixing Notice
Notice
Outer House Rolls
Inner House Rolls

 

 

N O T I C E

 

 

Please note the Offices of the Court of Session will be closed for a public holiday on Monday 19th September 2022.

 

Motions intimated by other means in accordance with Parts 3 and 4 of Chapter 23 of the Rules of the Court of Session 1994

 

Motions for Tuesday 20th September must be enrolled no later than 4.00pm on Thursday 15th September 2022 and may be opposed until 12:30pm on Friday 16th September 2022.

 

Motions for Wednesday 21st September 2022 must be enrolled no later than 4.00pm on Friday 16th September 2022 and may be opposed until 12:30pm on Tuesday 20th September 2022.

 

Opposition and enrolment dates return to normal thereafter.

 

Cases lodged for calling

 

Cases lodged for calling up to 12:30pm on Friday 16th September 2022 will call on Tuesday 20th September 2022.

 

Cases lodged for calling after 12:30pm on Friday 16th September 2022 and until 4.00pm that day, will call on Wednesday 21st September 2022.

 

Cases lodged for calling up to 12:30pm on Tuesday 20th September 2022 will call on Thursday 22nd September 2022.

 

Normal service will resume thereafter.

 


 

N O T I C E

 

 

The CMT Office will be closed due to a Public Holiday on Monday 19th September 2022.

 

Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays listed above.

 

Intimation date Opposition Date Motion Lodged Date
14/09/2022 16/09/2022 20/09/2022
15/09/2022 20/09/2022 21/09/2022
16/09/2022 21/09/2022 22/09/2022
20/09/2022 22/09/2022 23/09/2022

 

Intimation, opposition and enrolment dates return to normal, thereafter.

 

 

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 aheadCan 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.

 

 

 

_________________

 

 


 

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 - 18th April 2023

Personal Injury Proofs requiring more than 4 days - 30th May 2023

Ordinary Action Proofs requiring more than 4 days - 1st November 2022

 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Friday 16th September

 

1 COS/PD355-22 Amanda MacIntosh v We Hae Meat LtdDigby Brown LLP
2 COS/F88-22 Melanie McMahon v Michael McMahonBrodies LLP
3 COS/F85-22 Michael McMahon v Melanie McMahonMorton Fraser 

 

 

_________________

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Friday 16th September

 

1 Petition The National Trust for Scotland for places of historic interest or natural beauty for interdict and interdict ad interim and an order under section 46 of the Court of Session Act 1988Anderson Strathern LLP
2 Petition Shiseido UK Limited for an order for removal of material from the Register of Companies under section 1096 of the Companies Act 2006DLA Piper Scotland LLP
3 Petition Chase Shaffar-Roggeveen for Judicial Review of a decision of the sub-committee of the Students Appeal Committee of Edinburgh University taken on 1 December 2021Anderson Strathern LLP

 

 

_________________

 

 

 

OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commenced on Wednesday 14th September 2022 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on Wednesday 9th November 2022.

 

 

1 A185/21 E4D&G Project Co Ltd v Farrans Construction Ltd &cMacRoberts LLPDAC Beachcroft 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 BRAILSFORD – H Groves, Clerk

 

Court 5 - Parliament House

 

Tuesday 20th September

 

Oral Hearing

at 9.30am

 

P613/22 Pet:  Farhana Zahoor for Judicial ReviewDrummond Miller LLPOffice of the Advocate General 

Proof (4 days)

 

F93/21 Barbara Lyburn v Graeme LyburnLindsays Gillespie Macandrew LLP 

 

 

LORD CLARK – C Munn, Clerk

 

Court 6 - Parliament House

 

Tuesday 20th September

 

By Order

between 9.00am and 9.30am

 

CA128/20 Lendlease Construction (Europe) Ltd v Martifer UK Ltd Pinsent Masons LLP Anderson Strathern LLP 

Continued By Order

between 9.30am and 10.00am

 

CA16/20 Jonathan Gough v Cannons Law PracticeThompsons BTO Solicitors LLP 
CA17/20 Lee Montague-Trenchard v Cannons Law PracticeThompsons BTO Solicitors LLP 

 

 

LORD ERICHT –D Facchini, Clerk

 

Court 8 - Parliament House

 

Tuesday 20th September

 

Pre-Proof Hearing

between 9.00am and 9.30am

 

CA129/21 Angus Sinclair v Green Marine (UK) LtdStronachs LLPBrodies LLP  

Debate

 

CA43/21 SRB Civil Engineering UK Ltd v Ramboll UK LtdBTO Solicitors LLPCMS 

 

 

LORD WEIR –E Hunter, Clerk

 

Court 4 - Parliament House

 

Tuesday 20th September

 

Procedural Hearing

 

A17/18 Nico Coats v Greater Glasgow and Clyde Health Board Drummond Miller LLP NHS Scotland Central Legal Office 

Starred Motion

 

COS/A156-22 Duncan Spinner v Andrea Spinner Brodies LLP   

 

 

LORD BRAID –R Hamilton, Clerk

 

Court 10 - Parliament House

 

Tuesday 20th September

 

By Order

between 10.00am and 11.00am

 

CA42/21 Dragados UK Ltd v DC Eikefet Aggregates AS CMSDAC Beachcroft Scotland LLP 

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

SECOND DIVISION

 

Tuesday 20th September

 

Single Bill

 

CA63/19 Robert Kidd v Lime Rock Management LLP &cHarper MacLeod LLPGilson Gray LLP CMS

Summar Roll

 

P58/22 Pet:  SLCC re:  section 17 of legal profession and legal aidHarper Macleod LLPT C Young LLP 

 

 

_________________

 

 

 

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 aheadCan 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.

 

 

 

_________________

 

 


 

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 - 18th April 2023

Personal Injury Proofs requiring more than 4 days - 30th May 2023

Ordinary Action Proofs requiring more than 4 days - 1st November 2022

 

 

 

_________________

 

 

 

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 BRAILSFORD – H Groves, Clerk

 

Court 5 - Parliament House

 

Wednesday 21st September

 

By Order

at 9.00am

 

F65/20 Christine Parra v Laurent ParraBrodies LLP T C Young LLP  

By Order

at 9.30am

 

F83/21 Valerie Butcher v Peter ButcherMorton Fraser LLPTLT LLP  

By Order

 

PD82/18 Angela Oliver v Thomas Cook Tour Operations Ltd &c Digby Brown LLP  

By Order

In terms of Rule of Court 43.6(3)

 

COS/PD311-21 Charlene Moore &c v The Secretary of State for Business, Energy & Industrial StrategyThompsons Clyde & Co (Scotland) LLP 

 

 

LORD CLARK – C Munn, Clerk

 

Court 6 - Parliament House

 

Wednesday 21st September

 

Continued Preliminary Hearing

between 9.00am and 9.30am

 

CA13/22 The Scottish Ministers v Ian CampbellHarper Macleod LLPLindsays LLP  

Continued By Order

between 9.30am and 10.00am

 

P80/22 Pet:  David MacRae for Dissolution Judicial FactorShepherd & Wedderburn LLPAnderson Strathern LLP 

Continued Motion

between 9.30am and 10.00am

 

P716/22 Pet:  Search Consultancy Ltd for InterdictDAC Beachcroft Scotland LLP  

 

 

LORD HARROWER –S Alexander, Clerk

 

Court 7 - Parliament House

 

Wednesday 21st September

 

Procedural Hearing

between 9.00am and 9:30am

 

CA29/22 Jessie Russell v Southfield Properties Ltd Harper Macleod LLPCampbell Smith WS LLP 

Starred Motion

at 10.00am

 

P532/22 Pet:  Arbitration Application number 4 of 2022Brodies LLP DLA Piper Scotland LLPCMS

 

 

LORD WEIR –E Hunter, Clerk

 

Court 4 - Parliament House

 

Wednesday 21st September

 

By Order

 

COS/PD287-21 Peter McDermott v Thomas Coulter Building Services LtdThompsons Clyde & Co (Scotland) LLP 

By Order

 

COS/PD2-22 Robert Smart v The Scottish Fire and Rescue ServiceDigby Brown LLP Clyde & Co (Scotland) LLP 

By Order

 

A218/21 Ravensby Glass Company Ltd v Avko Ltd Thorntons Law LLPMBM Commercial LLP 

By Order

 

A17/22 Edyta Moroz-Gronek v Engie Regeneration Ltd Kennedys ScotlandDigby Brown LLP 

By Order

 

COS/PD259-21 Annette Moore &c v Colzium Motor Sales & Services Company Ltd Thompsons Clyde & Co (Scotland) LLP 

 

 

LORD BRAID –R Hamilton, Clerk

 

Court 10 - Parliament House

 

Wednesday 21st September

 

By Order

between 9.00am and 9.30am

 

CA12/22 Arnold Clark Automobiles Ltd v Keyline Civil Specialist LtdDAC Beachcroft Scotland LLPDWF LLP  

Procedural Hearing

between 9.30am and 10.00am

 

CA48/22 Sp Smart Meter Assets Ltd v EDF Energy Customers LtdDLA Piper Scotland LLPDentons 

By Order

between 10.00am and 10.30am

 

CA16/22 Asertis Ltd v Cheryl DunnBTO Solicitors LLP  
CA17/22 Asertis Ltd v Cheryl Dunn Holdings LtdBTO Solicitors LLP  

 

 

_________________

 

 

 

INNER HOUSE ROLLS

 

 

EXTRA DIVISION

 

Wednesday 21st September

 

Procedural Hearing

 

CA35/21 Reclaiming Motion (Lord Ericht) David Tanner v E Moss LtdBrodies LLP Shoosmiths LLP 

Procedural Hearing

 

PD2803/15 Reclaiming Motion (Lord Uist) James Watt v Lend Lease Construction (EMEA) LtdThompsons Clyde & Co (Scotland) LLP 

Single Bill

 

XA41/22 Lorraine McLaren for leave to appeal against a decision of the SLCCParty Brodies LLP  

 

 

_________________