SCTSPRINT3

 

Thursday 17th December 2020

 

Issue No. 053

 

 

C O N T E N T S

 

 

 

 

Erratums

Notices

Fixing Notice

Calling List

Walling List

Substantive Business Warning List

Notice

Outer House Rolls

 


 

E R R A T U M

 

 

The Calling List in the Rolls of Court of 10th December 2020 was erroneously dated.  The corrected Calling List is as follows.

 

 

CALLING LIST

 

Thursday 10th December

 

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

 

 

 

E R R A T U M

 

 

The Walling List in the Rolls of Court of 10th December 2020 was erroneously dated.  The corrected Walling List is as follows.

 

 

WALLING LIST

 

Thursday 10th December

 

 

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

 

 

_________________

 

 

 

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. 

 

 

 

_________________

 

 

 

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 – 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

 

Thursday 17th December

 

 

1

A395/19 Salah Hamid Aziz Al-Dabas AG Carole Ann Brennan.

 

Lindsays

 

2

PD479/20 Lisa Irvine AG Greater Glasgow and Clyde NHS Board.

 

Thompsons

 

 

_________________

 

 

 

COURT OF SESSION

 

 

WALLING LIST

 

Thursday 17th 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 8 February 2022.

 

N/A

2

Petition

Harpreet Singh for Judicial Review against Scottish Ministers for refusal to exercise their powers of release.

 

Drummond Miller LLP

 

3

Petition

Josephine Jane Sinclair for orders pursuant to sections 994 and 996 of the Companies Act 2006.

 

Balfour + Manson LLP

 

4

Petition

 

(First) Geoffrey Isaac Jacobs, of KPMG LLP and (Second) David James Costley-Wood, of KPMG the joint administrators of Sonder Limited, registered under the Companies Acts (Company No. SC143149) for an order to extend the terms of office of the joint administrators for a specified period, in terms of paragraph 76(2)(a) of Schedule B1 to the Insolvency Act 1986.

 

Burness Paull 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 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 (Scotland) LLP

 

 

Proof (6 days)

 

PD479/19 Lloyd Jack v Aviva Insurance Ltd &c

 

Lindsays

BLM

 

Proof Before Answer (4 days)

 

A132/19 Sov Intrepid BV v Wick Harbour Authority

 

Brodies LLP

Clyde & Co (Scotland) 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 (Scotland) 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 t/a Admiral Insurance

 

Allan McDougall

BLM

 

Proof (8 days)

 

PD551/19 Andrew Relf v Leopoldo Subido &c

 

Thompsons

Horwich Farrelly Scotland

 

 

PD163/19 Ian Lovett v The City of Edinburgh Council

 

Balfour + Manson LLP

 

Clyde & Co (Scotland) LLP

 

 

F30/20 Fiona Cochrane v Keith Cochrane

 

Brodies LLP

SKO Family Limited

 

 

PERSONAL INJURY ACTIONS

 

Proof (4 days)

 

PD57/20 Phyllis Gedrim v Hall & Tawse Ltd &c

 

Slater & Gordon Lawyers

 

BLM

Clyde & Co (Scotland) LLP

 

PD173/20 William Ward v Thain Construction (Highlands) Ltd &c

 

Digby Brown LLP

Clyde & Co (Scotland) LLP

 

BLM

PD177/20 Carlo Bertoncini v Arnold Clark Automobiles Ltd

 

Digby Brown LLP

DAC Beachcroft Scotland LLP

 

 

PD190/20 Michael McEwan v Scottish Fire & Rescue Service

 

Digby Brown LLP

Clyde & Co (Scotland) 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 (Scotland) LLP

 

 

 

Thursday 4th February

 

Proof before answer (2 days)

 

A281/17 Club Los Claveles &c v First National Trustee Company Ltd

 

BTO Solicitors LLP

 

Turcan Connell

 

 

 

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 29th January 2021.  Otherwise your case will be put out By Order week commencing 1st February 2021.

 

Tuesday 9th February

 

Proof (12 days)

 

PD5/18 David Scullion v Patricia McGurk &c

 

Gildeas

Weightmans (Scotland) LLP

 

 

 

PERSONAL INJURY ACTIONS

 

PD360/19 Kirsty MacLeod v South Ayrshire Council

 

Digby Brown LLP

Clyde & Co (Scotland) LLP

 

 

PD457/19 George O’Neill v SP Distribution Plc

 

Balfour + Manson LLP

DAC Beachcroft Scotland LLP

 

 

PD563/19 Susan Reid v Lothian Buses Ltd

 

Digby Brown LLP

Clyde & Co (Scotland) LLP

 

 

PD171/20 Robin Murray v Scottish Borders Council

 

Balfour + Manson LLP

Clyde & Co (Scotland) LLP

 

 

PD185/20 Karen Webster v Axis Shield Diagnostics Ltd

 

Digby Brown LLP

DAC Beachcroft Scotland LLP

 

 

PD193/20 Michael Starrs v Trelleborg Holdings UK Ltd &c

 

Digby Brown LLP

Kennedys Scotland

 

PD196/20 Stuart Conner v D&B Facades UK Ltd

 

Digby Brown LLP

DWF LLP

 

PD228/20 Elaine Babb &c v Upper Clyde Shipbuilders (in liq)

 

Digby Brown LLP

Clyde & Co (Scotland) 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

 

Monday 21st December

 

Starred Motion

 

F32/19 Pauline Armstrong v Michael Armstrong

 

BTO Solicitors LLP

SKO Family Law Specialists

 

 

 

 

LADY WOLFFE – C Munn, Clerk

 

Tuesday 22nd December

 

By Order
between 9.30am and 10.00am

 

P844/19 Pet: Laura Kerr for orders under 994 & 996 of the Companies Act

 

Anderson Strathern LLP

CMS

 

 

Wednesday 23rd December

 

Procedural Hearing
between 9.00am and 9.30am

 

CA144/19 P M One Ltd v CBA QS Ltd

 

Brandon Malone & Co

Clyde & Co (Scotland) LLP

 

 

Continued Preliminary Hearing
between 9.30am and 10.00am

 

CA98/20 The Shore Porters' Society of Aberdeen &c v Kevin Brown &c

 

Ledingham Chalmers LLP

 

Burness Paull LLP

Blackadders

 

DLA Piper Scotland LLP

Drummond Miller LLP

 

Brodies LLP

CA99/20 Kevin Brown v The Shore Porters' Society of Aberdeen &c

 

Brodies LLP

Ledingham Chalmers LLP

 

 

CA100/20 Alan Davidson v The Shore Porters' Society &c

 

Blackadders

Ledingham Chalmers LLP

 

 

CA101/20 Sean Simpson v The Shore Porter's Society of Aberdeen &c

 

Burness Paull LLP

Ledingham Chalmers LLP

 

 

 

 

LORD ERICHT – L Morgan, Clerk

 

Tuesday 22nd December

 

Pre‑Proof Hearing
between 9.30am and 10.00am

 

CA64/19 Glasgow City Council v First Glasgow (No.1) Ltd

 

BLM

Clyde & Co (Scotland) LLP

 

 

 

 

_________________