Issue No. 48
Thursday 10th December 2020
C O N T E N T S
| |
| |
| Notices |
| Fixing Notice |
| Calling List |
| Walling List |
| Substantive Business Warning Lists |
| Notice |
| Outer House Rolls |
| Inner House Rolls |
N O T I C E
FESTIVE PERIOD CLOSING TIMES
The Offices of the Court of Session will close at 12.30pm on Thursday 24th December 2020.
If you have an urgent matter that requires to be dealt with before COB on 24th then it must be received and acknowledged as suitable for processing before 12.00pm otherwise you will require to contact out of hours.
On Thursday 31st December 2020 the Office of the Court of Session will close at 3.00pm. If you have an urgent matter that requires to be dealt with before COB on 31st then it must be received and acknowledged as suitable for processing before 2.30pm otherwise you will require to contact out of hours.
Please note the Justiciary Department will close at 12.30pm on Thursday 24th December 2020 and will close at 3.00pm on 31st December 2020.
N O T I C E
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 enrolled Tuesday 22nd December 2020 until 12.30pm Thursday 24th December 2020 may be opposed until 12.30pm on Tuesday 29th December 2020 will be dealt with on Wednesday 30th December 2020.
Motions enrolled on Tuesday 29th December 2020 until Thursday 31st December 2020 and may be opposed until 12.30pm on Tuesday 5th January 2021 will be dealt with on Wednesday 6th January 2021.
Callings
Cases lodged for calling from Thursday 17th December 2020 until 12.30pm on Tuesday 22nd December 2020 calls Wednesday 23rd December 2020.
Cases lodged for calling from 12.30pm on Tuesday 22nd December 2020 until 12.30pm on Tuesday 29th December 2020 will call on Wednesday 30th December 2020.
Cases lodged from calling from Tuesday 12.30pm until Thursday 31st December 2020 will call Tuesday 5th January 2021.
Normal dates resume thereafter.
N O T I C E
The Court Motion Team office will be closed on the afternoon of **Thursday 24th December 2020
All day Friday 25th December 2020, Monday 28th December 2020, Friday 1st January 2021 and Monday 4th December 2021.
Please find below details of intimation, opposition and enrolment dates to accommodate the public holidays
Intimation date Opposition Date Motion Lodged Date
18/12/20 22/12/20 23/12/20
21/12/20 23/12/20 24/12/20
22/12/20 24/12/20 28/12/20
23/12/20 28/12/20 29/12/20
** Please note motions will not be accepted after 9.30am on Thursday 24th December 2020.
24/12/20 30/12/20 31/12/20
29/12/20 31/12/20 05/01/21
30/12/20 05/01/21 06/01/21
31/12/20 06/01/21 07/01/21
Intimation, opposition and enrolment dates return to normal, thereafter.
Please note any opposed motions enrolled on 18th, 21st, 22nd and 23rd December 2020 will be scheduled to call in the vacation court on Wednesday 23rd December 2020.
Please note any opposed motions enrolled on 24th, 28th, 29th and 30th December 2020 will be scheduled to call in the vacation court on Wednesday 30th December 2020.
Any opposed motions enrolled on 31st December 2020, will be scheduled to call week commencing 4th January 2021.
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.
________________
FIXING NOTICE
The Keeper’s office are currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs:
Personal Injury 4 day Proofs – 13th July 2021
Personal Injury Proofs requiring more than 4 days – 22nd June 2021
Ordinary Action Proofs requiring more than 4 days – 9th February 2021
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COURT OF SESSION
CALLING LIST
Thursday 10th January
| 1 | PD465/20 Albert Whitelaw AG WC Martin & Co Ltd | Digby Brown LLP |
| 2 | Ian Qua AG Browns Manufacturing Ltd, t/a Halls of Scotland | Digby Brown LLP |
| 3 | PD468/20 Pamela Birnie &c AG Robert Purvis Pland Hire Ltd | Digby Brown LLP |
| 4 | PD419/20 Thomas O'Donnell AG Scott Miller &c | Jones Whyte |
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COURT OF SESSION
WALLING LIST
Thursday 10th January
| 1 | Petition | The Nursing and Midwifery Council for 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 12 months to 8 January 2022 | |
| 2 | Petition | Sidhdi Kumar Shrestha for Judicial Review of a decision by the Upper Tribunal (Immigration and Asylum Chamber) to refuse to grant the Petitioner Permission to Appeal | Drummond Miller LLP (for McGlashan MacKay Solicitors, Glasgow) |
| 3 | Petition | Filip Laydko, Wierzbowa 10, Darlowo, 76-150, Poland for an Order in terms of Section 1029 of the Companies Act 2006 to restore Kestrel Fishing Limited to the Register of Companies | |
| 4 | Petition | Eileen Blackburn for approval of fees. | Brodies LLP |
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SUBSTANTIVE BUSINESS WARNING LIST
Please can parties in the undernoted cases contact the Keeper’s office (keepers@scotcourts.gov.uk) to provide an update on the readiness to proceed of
their case by the close of business on Friday 8th January 2021. Otherwise your case will be put out By Order week commencing 11th January 2021.
Tuesday 19th January
Proof (8 days)
| PD238/19 John Brooks v Network Rail Infrastructure Ltd | Thorntons Law LLP | BLM | |
| PD16/19 Danny Forsyth v Markerstudy Insurance Services Ltd | Gildeas | BLM | |
| PD541/19 Gordon Smith v RL Access Ltd | Digby Brown LLP | Kennedys Scotland | |
| F73/19 Robert Denholm v Carolyn Denholm | SKO Family Limited | Turcan Connell | |
PERSONAL INJURY ACTIONS
Proof (4 days)
| PD396/19 Stewart Campbell v Liverpool Victoria Insurance Co Ltd | Morton Fraser LLP | Clyde & Co LLP | |
| PD126/20 Maureen Neeson &c v Hat Painters (Scotland) Ltd &c | Thompsons | Clyde & Co LLP | |
| PD146/20 Norbert Ullei-Kovacs v Castlemilk Parish Church Carpenter’s Workshop | Slater & Gordon Lawyers | DWF LLP | |
| PD150/20 Ryan Walker v Taranto Ltd | Digby Brown LLP | Clyde & Co LLP | |
Thursday 21st January
Hearing on Petition and Answers
| P656/20 Pet: Morphpackers Ltd for orders under section 1 | DLA Piper Scotland LLP | Burness Paull LLP | CMS |
SUBSTANTIVE BUSINESS WARNING LIST
Please can parties in the undernoted cases contact the Keeper’s office (keepers@scotcourts.gov.uk) to provide an update on the readiness to proceed of their case by the close of business on Friday 15th January 2021. Otherwise your case will be put out By Order week commencing 18th January 2021.
Tuesday 26th January
Proof (8 days)
| A384/17 Joan Turner v Elspeth Logan | Balfour + Manson LLP | Clyde & Co LLP | |
Proof (6 days)
| PD479/19 Lloyd Jack v Aviva Insurance Ltd &c | Lindsays | BLM | |
Proof Before Answer (4 days)
| A132/19 Sov Intrepid B.V. v Wick Harbour Authority | Brodies LLP | Clyde & Co LLP | |
Proof (4 days)
| F42/19 Alastair Jack v Alexa Grech | Brodies LLP | Gilson Gray LLP | |
Accelerated Proof (4 days)
| PD317/20 James Robertson v The Advocate General for Scotland | Digby Brown LLP | Morton Fraser LLP | |
PERSONAL INJURY ACTIONS
Proof (4 days)
| PD180/19 William McLean v United Kingdom Atomic Energy Authority | Thompsons | Harper Macleod LLP | |
| PD73/20 Elaine Kinney &c v Alexander Kennedy & Sons Ltd &c | Thompsons | Clyde & Co LLP | |
| PD183/20 Freida McLeod &c v Allianz Insurance Plc | Digby Brown LLP | Clyde & Co LLP | |
SUBSTANTIVE BUSINESS WARNING LIST
Please can parties in the undernoted cases contact the Keeper’s office (keepers@scotcourts.gov.uk) to provide an update on the readiness to proceed of
their case by the close of business on Friday 22nd January 2021. Otherwise your case will be put out By Order week commencing 25th January 2021.
Tuesday 2nd February
Proof (16 days)
| A14/18 Margaret Pritchard &c v EUI Ltd Trading | Allan McDougall | BLM | |
Proof (8 days)
| PD551/19 Andrew Relf v Leopoldo Subido | Thompsons | Horwich Farrelly Scotland | |
| PD163/19 Ian Lovett v The City of Edinburgh Council | Balfour + Manson LLP | Clyde & Co LLP | |
| F30/20 Fiona Cochrane v Keith Cochrane | Brodies LLP | SKO Family Law Specialists | |
PERSONAL INJURY ACTIONS
Proof (4 days)
| PD57/20 Phyllis Gedrim v Hall & Tawse Ltd &c | Slater & Gordon Scotland Ltd | BLM | Clyde & Co LLP |
| PD173/20 William Ward v Thain Construction (Highlands) Ltd &c | Digby Brown LLP | Clyde & Co LLP | BLM |
| PD177/20 Carlo Bertoncini v Arnold Clark Automobiles Ltd | Digby Brown LLP | DAC Beachcroft Scotland LLP | |
| PD178/20 John Rawlinson v The Advocate General | Digby Brown LLP | Morton Fraser LLP | |
| PD190/20 Michael McEwan v Scottish Fire & Rescue Service | Digby Brown LLP | Clyde & Co LLP | |
| PD203/20 Kenneth Callaghan v The Advocate General | Digby Brown LLP | Morton Fraser LLP | |
| PD209/20 Margaret Mackenzie &c v Carillion Construction (Contracts) Ltd | Thompsons | BLM | |
| PD222/20 Alan Rae v Gordon Henderson, t/a G Henderson & Sons | Digby Brown LLP | BLM | |
| PD227/20 Ruth McColl &c v Upper Clyde Shipbuilders) (in liq) | Digby Brown LLP | Clyde & Co LLP | |
Thursday 4th February
Proof before answer (2 days)
| A281/17 Club Los Claveles & c V First National Trustee Company Ltd | BTO | Turcan Connell | |
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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.
OUTER HOUSE ROLLS
LORD BRAILSFORD – R Newlands, Clerk
Monday 14th December
Starred Motion
At 9.00am
| F56/15 Cathryn Turton v Michael Pheby | Lindsays | | |
By Order
| AD21/19 Petition of Highland Council for permanence order re AJW | Highland Council | Drummond Miller LLP | Balfour + Manson LLP |
| | Harper MacLeod LLP | | |
| AD22/19 Petition of Highland Council for permanence order re EJSW | Highland Council | Drummond Miller LLP | Balfour + Manson LLP |
| | Harper MacLeod LLP | | |
| AD23/19 Petition of Highland Council for permanence order re AMAW | Highland Council | Drummond Miller LLP | Balfour + Manson LLP |
| | Harper MacLeod LLP | | |
| AD24/19 Petition of Highland Council for permanence order re SSFW | Highland Council | Drummond Miller LLP | Balfour + Manson LLP |
| | Harper MacLeod LLP | | |
| AD25/19 Petition of Highland Council for permanence order re JDSW | Highland Council | Drummond Miller LLP | Balfour + Manson LLP |
| | Harper MacLeod LLP | | |
Tuesday 15th December
Oral Hearing
At 9.30am
| P827/20 Pet: Rajinder Sidhu for judicial review | Drummond Miller LLP | Office of the Advocate General | |
Proof (4 days)
| F11/20 Peter Allen v Anne Allen | Brodies LLP | Oracle Law Ltd | |
Wednesday 16th December
By Order
At 9.30am
| F36/20 Alexander Douglas-Hamilton v Sophie Douglas-Hamilton | BTO Solicitors LLP | SKO Family Law Specialists | |
Wednesday 16th December
By Order Adjustment
| A16/20 Margaret McKinnon v Greater Glasgow & Clyde Health Board | Digby Brown LLP | NHS Scotland Central Legal Office | |
Thursday 17th December
By Order
At 9.00am
| F57/18 Zahid Rasul v Sehar Rasul | Gilson Gray LLP | Brodies LLP | |
By Order
| A296/18 Liliana Simone v David Stone | Thorntons Law LLP | DAC Beachcroft Scotland LLP | |
Friday 18th December
Oral Hearing
At 9.30am
| P868/20 Pet: Hussain Mohammed Hussein for judicial review | Drummond Miller LLP | Office of the Advocate General | |
By Order
| AD24/20 Petition of MT and KAT for authority to adopt JTN | MBS Solicitors | | |
LORD TYRE – T Sadler, Clerk
Tuesday 15th December
Continued Proof Before Answer
| CA159/19 Crimond Estates Ltd v Mile End Developments Ltd | Lefevre Litigation | Burness Paull LLP | |
Thursday 17th December
By Order
Between 9.00am and 10.00am
| CA9/20 David Whitehouse v Philip Gormley &c | A&WM Urquhart | Ledingham Chalmers LLP | SGLD |
| | Kennedys Scotland | | |
Pre-Proof Hearing
Between 9.00am and 10.00am
| CA10/20 Paul Clark v Iain Livingston &c | Kennedys Scotland | Ledingham Chalmers LLP | SGLD |
| | A&WM Urquhart | | |
Friday 18th December
By Order
Between 9.30am and 10.00am
| CA44/20 McLaughlin & Harvey Ltd v Ramboll UK Ltd | Brodies LLP | CMS LLP | |
LADY WISE – T Kell, Clerk
Tuesday 15th December
Case Management Hearing
At 9.30am
| F46/20 Nicolaos Plevris-Papaioannou v Lucy Hitche | Stuart & Stuart | Turcan Connell | |
Oral Hearing
| P83/20 Pet: Varinder Sharma for judicial review | Drummond Miller LLP | Office of the Advocate General | |
By Order
| PD109/18 Gary Webb v Deputy Chief Constable Designate of Police Scotland | Digby Brown LLP | Reid Cooper | |
Wednesday 16th December
Procedural Hearing
| A209/19 Terence O’Shea V Shetland Health Board | Digby Brown LLP | NHS Scotland Central Legal Office | |
Procedural Hearing
| A233/19 Scott McCulloch v Forth Valley Health Board &c | Drummond Miller LLP | NHS Scotland Central Legal Office | |
By Order Adjustment
| A301/18 Patricia Goldsack v Greater Glasgow & Clyde Health Board | DAC Beachcroft Scotland LLP | NHS Scotland Central Legal Office | |
Thursday 17th December
Case Management Hearing
At 9.30am
| F79/19 Robert Asher v Jennifer Asher | Cath Karlin Family Law | TC Young LLP | |
Case Management Hearing
| P742/19 Pet: Scottish Ministers for recovery re Freda Jones &c | Civil Recovery Unit | Gleeson McCafferty Law | Party |
| | Thorley Stephenson | | |
Substantive Hearing
| P750/19 Pet: Scott Snowden for judicial review | Drummond Miller LLP | Scottish Government | Equality and Human Rights Commission |
By Order
| A595/13 Edith Williamson v Ronald McGinlay &c | MBM Commercial LLP | Allan McDougall | Balfour + Manson LLP |
Friday 18th December
Case Management Hearing
At 9.30am
| F62/20 Lena Thomson v Terence Thomson | MacRoberts LLP | Gilson Gray LLP | |
Procedural Hearing
| A44/19 Anne Swinburne v Paul Swinburne | Drummond Miller LLP | Allan McDougall | |
By Order
In terms of Rule of Court 24.2(4)
| PD396/19 Stewart Campbell v Liverpool Victoria Insurance Co Ltd | Morton Fraser LLP | Clyde & Co (Scotland) LLP | |
By Order
In terms of Rule of Court 24.2(4)
| PD318/19 Anne McGuigan v The Sisters of Nazareth | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
LORD CLARK – L Cranston, Clerk
Tuesday 15th December
By Order Adjustment
| A406/19 Carly Seidel &c v Lothian NHS Board &c | Allan McDougall | NHS Scotland Central Legal Office | |
Wednesday 16th December
Procedural Hearing
Between 9.00am and 9.30am
| CA74/20 Rockford Trilogy Ltd v NCR Ltd | BTO Solicitors LLP | Burness Paull LLP | |
Procedural Hearing
| A352/17 Amanda Marshall &c v NHS Greater Glasgow & Clyde Health Board | Morton Fraser LLP | NHS Scotland Central Legal Office | |
Continued By Order Adjustment
| A344/19 Marion Henry v Hewlett-Packard Ltd &c | Digby Brown LLP | Clyde & Co LLP | |
By Order Adjustment
| A118/19 Fiona Rae v Greater Glasgow Health Board | Digby Brown LLP | NHS Scotland Central Legal Office | |
Starred Motion
At 12.00pm
| A233/20 Vanessa Young v Penny Law &c | Slater & Gordon Scotland Ltd | The Medical and Dental Defence Union | |
Thursday 17th December
By Order
Between 9.30am and 10.00am
| CA33/20 Ember Energy Ltd v Chris Kennedy &c | Harper MacLeod LLP | Jones Whyte Law | |
Substantive Hearing
| P690/20 Pet: Paul Hutton for judicial review | Balfour + Manson LLP | Anderson Strathern LLP | Scottish Government |
| | Harper MacLeod LLP | | |
Procedural Hearing
| P513/20 Pet: Brian Hands for judicial review | Tony Bone LLP | Anderson Strathern | |
By Order
| PD228/19 Ian Reid v Westcare Group Ltd | Thompsons | BTO Solicitors LLP | |
Friday 18th December
Preliminary Hearing
Between 9.30am and 10.00am
| CA106/20 Van Oord UK Ltd v Dragados UK Ltd | Burness Paull LLP | CMS Cameron McKenna Nabarro Olswang LLP | |
Starred Motions
Between 10.00am and 10.30am
| CA138/19 Paccor UK Ltd v United Propco SARL | Brodies LLP | DWF LLP | |
| CA139/19 Paccor UK Ltd v United UK Propco 8 SARL | Brodies LLP | DWF LLP | |
Procedural Hearing
| P116/20 Pet: Emeka Chibunna Ofoegbu for judicial review | Drummond Miller LLP | Office of the Advocate General | |
Procedural Hearing
| P365/20 Pet: Hakan Kavakli for judicial review | Drummond Miller LLP | Office of the Advocate General | |
By Order
In terms of Rule of Court 24.2(4)
| PD200/19 Linette Newton &c v Scottish Power Plc | Digby Brown LLP | Shepherd & Wedderburn LLP | |
LORD ERICHT – L Morgan, Clerk
Tuesday 15th December
Preliminary Proof (2 days)
| PD140/19 Anna Rankin &c v Croslaw Ltd | Thompsons | Weightmans (Scotland) LLP | |
Wednesday 16th December 2020
Procedural Hearing
| A33/20 Anne Welch v Louise Barbour &c | Drummond Miller LLP | The Medical & Dental Defence Union of Scotland | |
Procedural Hearing
| A308/17 Yvette McElwee &c v Neil Chalmers &c | Drummond Miller LLP | The Medical & Dental Defence Union of Scotland | NHS Scotland Central Legal Office |
Procedural Hearing
| A385/17 Susan Greig v Grampian Health Board | Balfour + Manson LLP | NHS Scotland Central Legal Office | |
Thursday 17th December
By Order
At 9.30am
| P659/20 Pet: UK Agricultural Lending Ltd for Section 8 of the Law Reform act | Shepherd & Wedderburn LLP | Party | |
Procedural Hearing
| P612/20 Pet: Speedy Assest Services for orders re section 1 | Addleshaw Goddard | Burness Paull LLP | |
Friday 18th December
By Order
In terms of Rule of Court 24.2(4)
| A304/18 Linzi Forbes v Tayside Health Board | Drummond Miller LLP | NHS Scotland CLO | |
By Order
| A91/17 G1 Properties Ltd v The Royal Bank of Scotland Plc | Pinsent Masons LLP | | |
LADY POOLE – M McGrane, Clerk
Tuesday 15th December
Oral Hearing
At 10.30am
| P891/20 Pet: Beauty Aghayere for judicial review | Drummond Miller LLP | Office of the Advocate General | |
Thursday 17th December
Starred Motion
At 9.30am
| PD251/20 Allan Nicholson &c v CIG General Ltd | Morton Fraser LLP | Anderson Strathern LLP | |
Substantive Hearing
| P414/20 Pet: The Scottish Creel Fisherman’s Federation for judicial review | Gillespie MacAndrew LLP | Scottish Government | |
Friday 18th December
Procedural Hearing
| A417/17 Neil Heaton v Bristow Helicopters Ltd &c | Balfour + Manson LLP | Clyde & Co (Scotland) LLP | BTO Solicitors LLP |
By Order
| PD296/18 Scott Baldwin v Subsea 7 (Singapore) PTE Ltd | Thompsons | Brodies LLP | |
By Order
| PD458/20 Valerie Murray v Dumfries and Galloway Council | Digby Brown LLP | Clyde & Co (Scotland) LLP | |
LORD WEIR – C Munn, Clerk
Friday 18th December
Procedural Hearing
At 9.00am
| P1098/19 Pet: St Margaret of Scotland Hospice for judicial review | Harper MacLeod LLP | NHS Scotland Central Legal Office | |
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TO BE ALLOCATED
Tuesday 15th December
Proof (4 days)
| PD322/20 Douglas McCandlish v J B MacKenzie (Holdings) Ltd | Thompsons | Clyde & Co LLP | |
Wednesday 16th December
Procedure Roll
| A70/20 Scott Toward v Altius Group Ltd | Drummond Miller LLP | Balfour + Manson LLP | |
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INNER HOUSE ROLLS
SUMMAR ROLL WILL BE CONDUCTED OUTWITH THE PHYSICAL COURT ROOM VIA REMOTE VIDEO CONFERENCING FACILITIES
(NO ATTENDANCE IN THE PHYSICAL COURT ROOM)
FIRST DIVISION
Wednesday 16th December
Summar Roll
| XA15/20 Ogilvie Homes Ltd against a decision of town and country planning | Davidson Chalmers Stewart LLP | Scottish Government | |
SECOND DIVISION
SUMMAR ROLL WILL BE CONDUCTED OUTWITH THE PHYSICAL COURT ROOM VIA REMOTE VIDEO CONFERENCING FACILITIES
(NO ATTENDANCE IN THE PHYSICAL COURT ROOM)
Wednesday 16th December
Summar Roll
| A294/07 Reclaiming Motion (Lady Carmichael) Darren Conquer v Lothian Health Board | Campbell Smith LLP | NHS Scotland CLO | |
Single Bill
| P105/18 Reclaiming Motion (Lord Bannatyne) Pet: BC &c v Chief Constable of Police Scotland &c | MacRoberts LLP | Clyde & Co (Scotland) LLP | |
EXTRA DIVISION
SUMMAR ROLL WILL BE CONDUCTED OUTWITH THE PHYSICAL COURT ROOM VIA REMOTE VIDEO CONFERENCING FACILITIES
(NO ATTENDANCE IN THE PHYSICAL COURT ROOM)
Tuesday 15th December
Single Bill
| A375/17 Reclaiming motion (Lord Brailsford) Martin Wilson v Brendan Wilson | Party | MBS Solicitors | |
Friday 18th December
Summar Roll
At 10.30am
| P623/19 Reclaiming Motion (Lord Pentland) Pet: Carlos Mendoza for judicial review | MBS Solicitors | Office of the Advocate General | |
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