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Tuesday 15th December

 

 

Issue No. 051

 

 

C O N T E N T S

 

 

 

 

Notices

Fixing Notice

Calling List

Walling List

Notice

Outer 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 January 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. 

 

 

 

______________________

 

 

 


 

F I X I N G   NOTICE

 

 

The Keeper’s office are currently fixing the following for Personal Injury Proofs and Ordinary Action Proofs:

 

Personal Injury 4 day Proofs – 20th July 2021

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

Ordinary Action Proofs requiring more than 4 days – 9th February 2021

 

 

 

______________________

 

 

 

COURT OF SESSION

 

 

CALLING LIST

 

Tuesday 15th December

 

 

1

F52/20 Dean Anthony Webster AG Chongrak Korkaeo or Webster.

 

DAC Beachcroft Scotland LLP

 

2

PD413/20 Alexander Leggatt AG AXA Espana and others.

 

Digby Brown LLP

 

3

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

 

Digby Brown LLP

 

4

PD408/20 Joseph Nicholson AG Green Marine (UK) Limited.

 

Digby Brown LLP

 

5

PD470/20 Thomas McLean AG Shirley Farr.

 

Digby Brown LLP

 

6

PD462/20 Yvonne McCord AG Tesco Underwriting Limited.

 

Gildeas

 

 

 

 

______________________

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Tuesday 15th December

 

1

Petition

The Nursing and Midwifery Council for 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 25 January 2022.

 

N/A

2

Petition

Andrew John Robertson as trustee of the William Lawrie Sinclair Family Protection Trust for removal of a trustee.

 

Clyde & Co

3

Petition

Stewart Moore as trustee of the Jane Capaldi Family Protection Trust for removal of a trustee.

 

Clyde & Co

4

Petition

Allison Shaw for Judicial Review of a housing decision by a local authority.

 

Drummond Miller LLP

 

 

 

 

______________________

 

 

 


 

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

 

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

 

 

 

 

 


 

LORD TYRE – T Sadler, Clerk

 

Thursday 17th December

 

By Order

Between 9.00am and 10.00am

 

CA9/20 David Whitehouse v The Chief Constable of Police Scotland &c

 

A & W M Urquhart

Ledingham Chalmers LLP

 

SGLD

 

Kennedys Scotland

 

 

 

Pre-Proof Hearing

Between 9.00am and 10.00am

 

CA10/20 Paul Clark v The Chief Constable of Police Scotland &c

 

Kennedys Scotland

Ledingham Chalmers LLP

 

SGLD

 

A & W M Urquhart

 

 

 

 

 

 

LADY WISE – T Kell, Clerk

 

Thursday 17th December

 

Case Management Hearing

At 9.30am

 

F79/19 Robert Asher v Jennifer Asher

 

Cath Karlin Family Law

T C 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

 

 

 

By Order

 

A595/13 Edith Williamson v Ronald McGinlay &c

 

MBM Commercial LLP

 

Allan McDougall

Balfour + Manson LLP

 

 

 

LORD CLARK – L Cranston, Clerk

 

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

 

SGLD

 

Harper Macleod LLP

 

 

 

Procedural Hearing

 

P513/20 Pet: Brian Hands for Judicial Review

 

Tony Bone LLP

Anderson Strathern LLP

 

 

By Order

 

PD228/19 Ian Reid v Westcare Group Ltd

 

Thompsons

BTO Solicitors LLP

 

 

 

 

 

LORD ERICHT – L Morgan, Clerk

 

Thursday 17th December

 

Procedural Hearing

 

P612/20 Pet: Speedy Assest Services for orders re section 1

 

Addleshaw Goddard

Burness Paull LLP

 

 

 

 

LADY CARMICHAEL – TBC, Clerk

 

Thursday 17th December

 

JUDGMENT

(No appearance of counsel necessary)

 

A138/18 Douglas Soulsby v Richard Jones &c

 

Shepherd & Wedderburn

DLA Piper Scotland LLP

 

 

 

 


 

LADY POOLE – M McGrane, Clerk

 

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

SGLD

 

 

 

 

TO BE ALLOCATED

 

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

Party

 

 

 

 

______________________