I wanted to update you about further efforts to restart more of our family business.
- Peremptory diets
The Sheriff Principal has authorised the setting up of peremptory diet courts for family business which will permit the attendance of the party/parties concerned at the court building.
These courts will not commence until after 7 August 2020 in line with paragraph 14 of the Sheriff Principal’s Guidance in respect of Civil Business, No.18 of 2020.
The first court will be on 13 August 2020 and cases will be assigned to 15 minute hearing “slots” from 9.30am. I will be presiding over that court.
The party/parties upon whom intimation has been made will be required to attend timeously for their hearing if:-
- they have not complied with the time limit set out in the interlocutor to give notice that they wish to appear by electronic means (i.e. by telephone conference call); or
- they have not lodged written submissions.
The sheriff clerk’s office will let agents know if the case is not going to call in court as a consequence of the actions of the party/parties upon whom intimation has been made.
The interlocutors assigning these hearings will be in the following style as directed by the Sheriff Principal:-
|| 8 July 2020
||Sheriff A Mackie
|The Sheriff, ex proprio motu, Recalls the sist previously granted on 26 March 2020 and Re-enrols the cause for further procedure; thereafter, Assigns a Peremptory Diet on 13 August 2020 at 10.00am within Glasgow Sheriff Court, 1 Carlton Place, Glasgow, G5 9DA and Ordains the pursuer to appear or be represented at the said Diet under certification that if she fails to appear personally or be legally represented thereat her craves may be dismissed, any craves for the defender may be granted and expenses may be awarded against her; Appoints the solicitor for the defender to intimate this interlocutor and notice in Form G10 to the pursuer forthwith by first class recorded delivery post in order that she may appear personally or be legally represented at the said Diet.
The Coronavirus (Scotland) Act 2020 suspends the requirement for physical attendance at court unless the court directs otherwise.
If you wish to appear by electronic means (which will be by telephone conference call) you must give notice of that to the sheriff clerk’s office by no later than 12 noon on 6 August 2020 and provide the following information:
- The name of the case and court reference number (as above)
- Your name
- A telephone number upon which you can be contacted by the court at 10:00 am on 13 August 2020.
The information should be provided by e-mail to firstname.lastname@example.org
Any documents you wish to place before the court should be sent to the aforementioned email address at the time of notification of your intention to appear by electronic means.
Alternatively, the court will accept written submissions which must be lodged electronically with the sheriff clerk (by e-mail to the address set out above) and which must be intimated to all other parties in the case by the earlier date noted above.
The following naming convention should be used in the subject line of any e-mail lodging electronic documents in process: Case name – Case Reference number – Nature of Document (e.g. A Smith v B Jones – F908-20 – Written Submissions).
- Other family business previously assigned to the Tuesday family courts (excluding child welfare hearings)
The Sheriff Principal has also authorised the phased restarting of this business which will include procedural hearings, options and continued options hearings and opposed motion hearings. This business is being restarted on a court by court basis – the sists are being or have been recalled in most of those cases which were assigned to my courts of 24 March and 14 April and those assigned to Sheriff Liddell’s court of 7 April. The appropriate hearings are being assigned to call by telephone conference call (save where peremptory diets had previously been assigned in which case further peremptory diets are being assigned) but in a small number of cases hearings are not automatically being assigned. In certain cases which were due to call at “procedural hearings” parties will receive the following interlocutor and their responses will be considered by the designated Sheriff prior to further procedure being determined.
By order, ex proprio motu, the sheriff, having considered the process, Recalls the sist and Directs parties to email the sheriff clerk at Glasgow at the following email address:
(i) to identify what further hearing, if any, is required in this case;
(ii) to set out the reasons why such a hearing is required; and
(iii) to provide a note of the name, e-mail address and telephone number of the person who will conduct any such hearing for each party.
Andrew M Mackie
Sheriffdom of Glasgow and Strathkelvin at Glasgow