SCTSPRINT3

Wednesday 23rdDecember

 

 

Issue No. 57

 

C O N T E N T S

 

 

 

 

Notices

Calling List

Walling List

Notice

Outer House Rolls

 

 

 


 

N O T I C E

 

Act of Sederunt (Rules of the Court of Session 1994 and Sheriff Court Rules Amendment) (Miscellaneous) 2020

 

This Act of Sederunt amends the Rules of the Court of Session 1994 (the “RCS”), the Act of Sederunt (Sheriff Court Company Insolvency Rules) 1986 (the “1986 Rules”) and the Act of Sederunt (Fatal Accident Inquiry Rules) 2017 (the “2017 Rules”). It comes into force on IP completion day. The amendments made to Chapter 74 of the RCS, the 1986 Rules and the 2017 Rules are in consequence of the United Kingdom’s withdrawal from the European Union.

 

The amendments to the RCS concern two matters.

Firstly, paragraph 2(2) to (13) and (19) implement the Convention on Choice of Court Agreements (“the Convention”), which was concluded at The Hague on 30th June 2005. The Convention requires a court of a Contracting State, which has been designated by an agreement to deal with disputes arising under it, to hear a case (and other courts to decline to do so) and that any judgment given by a chosen court must be recognised and enforced in other Contracting States. Part V of Chapter 62 of the RCS makes provision in relation to the recognition and enforcement of judgments under the Civil Jurisdiction and Judgments Act 1982 (“the 1982 Act”), Council Regulation (EC) No. 44/2001 of 30th June 2005 and the Lugano Convention of 30th October 2007. Its application is extended by this Act of Sederunt to include the recognition and enforcement of judgments under the Convention.

 

The rules provide that applications under section 4B of the 1982 Act for the registration and enforcement of judgments under the Convention are made by petition, and set out the information which must be provided with such applications. Judgments are registered, and enforced, in the same way as other foreign judgments under private international law agreements. New rule 62.34A makes provision for appeals made under section 6B of the 1982 Act in relation to the registration of judgments under the Convention. Provision is made by the Act of Sederunt concerning the procedure relating to the recognition and enforcement in another Contracting State of judgments given by the Court of Session.

 

Secondly, paragraph 2(14) to (18) amends Chapter 74 (companies) of the RCS to address deficiencies arising in relation to court procedure in cross-border insolvency proceedings following the withdrawal of the United Kingdom from the European Union. The amendments are consequential to legislative changes made by the Insolvency (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/146) and the Insolvency (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/94).

 

Paragraph 3 amends rules 10 and 18 of the 1986 Rules to make equivalent amendments as those set out above in relation to Chapter 74 of the RCS.

 

Paragraph 4 makes minor amendments to schedule 2 of the 2017 Rules to address deficiencies in relation to the service of documents under the Convention of 15th November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (commonly referred to as the “Hague Service Convention”) arising from EU exit and the application of the Hague Service Convention post-exit.

 

Under paragraph 5 of this Act of Sederunt the amendments made to Chapter 74 of the RCS, the 1986 Rules and the 2017 Rules are subject to saving provision in those circumstances which are provided by Articles 67(3)(c) and 68(a) of the Withdrawal Agreement between the United Kingdom and the European Union.

 

 

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N O T I C E

 

STARRED MOTIONS

 

The procedure for the allocation of starred motions will now be as follows: 

 

When an opposition to a 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.  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 are currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs: 

 

Personal Injury 4 day Proofs – 27th July 2021

Personal Injury Proofs requiring more than 4 days – 22nd June 2021

Ordinary Action Proofs requiring more than 4 days – 16th February 2021

 

 

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COURT OF SESSION

 

 

CALLING LIST

 

Wednesday 23rd December

 

1

A292/20 Carol Risk and others against Forth Valley Health Board.

Thorntons LLP

2

CA114/20 GWR Property Company Limited against Forest Outdoor Media Limited.

 

Dentons UK LLP

3

A415/19 Archibald McArthur and others against Central Gurdwara Singh Sabha and others.

BLM

4

A411/19 PPP Services (North Ayrshire) Limited against Hochtief PPP Solutions (UK) Limited and others.

Dentons UK LLP

5

A63/20 Schroder & Co Limited against Stewart Ford and another.

 

Dentons UK LLP

6

A291/20 The Royal Bank of Scotland Plc against John Lorimer and others.

Brodies

7

PD482/20 Donald McGregor v British Airways Plc.

Allan McDougall

8

PD481/20 George Adamson v The Advocate General for Scotland as representing the Ministry of Defence.

Digby Brown LLP

9

PD483/20 George Edwardson v Scottish Water.

Digby Brown LLP

10

PD477/20 Jacqueline Vauls and others against NHS Greater Glasgow & Clyde Health Board.

 

Digby Brown LLP

 

 

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COURT OF SESSION

 

 

WALLING LIST

 

Wednesday 23rd December

 

1

Petition

The Nursing and Midwifery Council in an application 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 22 January 2022

 

 

2

Petition

The Nursing and Midwifery Council in an application 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 6 months to 5 August 2021

 

 

3

Petition

Stuart Robb and Michelle Elliot as joint administrators of Leven Cars Group Ltd for an order under paragraph 76 of Schedule B1 to the Insolvency Act 1986

 

Shepherd and Wedderburn LLP

 

 

 

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N O T I C E

 

 

HEARINGS IN THE OUTER HOUSE WILL BE CONDUCTED OUTWITH THE PHYSICAL COURT ROOM VIA TELEPHONE CONFERENCING FACILITIES OR CONDUCTED VIA WRITTEN SUBMISSIONS.  IF PARTIES WISH TO MAKE REPRESENTATIONS IN TERMS OF SCHEDULE 4 PARAGRAPH 3(6) OF THE CORONAVIRUS (SCOTLAND) ACT 2020 PLEASE DO SO BY EMAIL TO THE CLERK OF COURT NO LATER THAN 24 HOURS BEFORE THE HEARING.  IF NO REPRESENTATIONS ARE RECEIVED BY THEN THE COURT WILL MAKE A DIRECTION FOR THE HEARING TO PROCEED BY REMOTE MEANS.

 

 

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OUTER HOUSE ROLLS

 

 

Adjustment in the undernoted cases commences on Wednesday 23rd December 2020 and in the absence of any court order to the contrary the records therein will, without further publication in the rolls, close on 17th February 2021.

 

 

1

A254/20 Border Woodlands Ltd v Cambusmore Estates Ltd &c

Anderson Strathern LLP

 

Davidson Chalmers Stewart LLP

 

2

A268/20 Vikki Wilson v Forth Valley Health Board

Slater & Gordon Scotland Ltd

 

NHS Scotland Central Legal Office

 

3

A37/20 Tracy Gorry v Greater Glasgow and Clyde Health Board

BTO

NHS Scotland Central Legal Office

 

 

4

A273/20 Anthony Byliss &c v Gillespie MacAndrew LLP

Brodies

Clyde & Co (Scotland) LLP

 

 

5

A223/20 Hassan Qasim v Vision Express (UK) Ltd &c

Anderson Strathern LLP

 

BLM

NHS Scotland Central Legal Office

 

 

 

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