Tuesday 15th December
Issue No. 051
C O N T E N T S
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| 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.
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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.
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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.
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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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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
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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 |
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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 |
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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
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 | |
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