Court of Session Act 1988

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Composition of Court.: The Court shall be composed of an Inner House and an Outer House constituted in accordance with the following provisions of this section. Acts of Sederunt regulate civil procedure in the Court of Session, the sheriff courts of Scotland (including the Sheriff Appeal Court and Sheriff Personal Injury Court), and in the tribunals of Scotland. The Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover. [ citation needed] Rules for regulating civil procedure are decided upon by the Scottish Civil Justice Council before being presented to the Lords of Session for decision; the Lords of Session may approve, amend or reject the rules so presented. [48] [49] Section 1 in so far as it enables the senior Lord Ordinary to fill a vacancy arising in the Inner House. Section 5, Court of Session Act 1988 (as enacted)", Acts of the United Kingdom Parliament, The National Archives, vol.1988, no.36, pp.II(5), archived from the original on 14 February 2021 , retrieved 6 May 2017, The Court shall have power by act of sederunt...

Exchequer Court (Scotland) Act 1856", Acts of the Parliament of the United Kingdom, UK Statute Law Database, vol.1856, no.56, p.1, archived from the original on 14 February 2021 , retrieved 2 September 2009, The whole power, authority, and jurisdiction at present belonging to the Court of Exchequer in Scotland, as at present constituted, shall be transferred to and vested in the Court of Session, and the Court of Session shall be also the Court of Exchequer in Scotland. The Outer House is a court of first instance, although some statutory appeals are remitted to it by the Inner House. Such appeals are originally referred from the sheriff courts, the court of first instance for civil causes in the court system of Scotland. Judges in the Outer House are referred to as Lord or Lady [name], or as Lord Ordinary. The Outer House is superficially similar to the High Court in England and Wales, [58] and in this house judges sit singly—and with a jury of twelve in personal injury or defamation actions. [23] Subject-matter jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute, and it shares much of this jurisdiction with the sheriff courts. [59] Some classes of cases, such as intellectual property disputes, are heard by an individual judge designated by the Lord President as the jurist for intellectual property cases. [60] The Courts Act 1672 allowed for five of the Lords of Session to be appointed as Lords Commissioners of Justiciary, and as such becomes judges of the High Court of Justiciary. The High Court of Justiciary is the supreme criminal court of Scotland. Previously the Lord Justice General, the president of the High Court, had appointed deputes to preside in his absence. [11] From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, and five Lords of Session. [12] Treaty of Union [ edit ] Section 28, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, UK Statute Law Database, vol.1988, no.36, p.V(28), archived from the original on 14 February 2021 , retrieved 2 September 2009, Any party to a cause initiated in the Outer House either by a summons or a petition who is dissatisfied with an interlocutor pronounced by the Lord Ordinary may, except as otherwise prescribed, reclaim against that interlocutor within such period after the interlocutor is pronounced, and in such manner, as may be prescribed.a b Shand, Charles Farquhar; Darling, James Johnston (1848). "Chapter I. Of the institution of the Court". The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833. Edinburgh: T. & T. Clark. Archived from the original on 14 February 2021 . Retrieved 30 October 2020. Appeals in the Court of Session are generally heard by the Inner House before three judges, although in important cases in which there is a conflict of authority a court of five judges or, exceptionally, seven, may be convened. The Inner House is sub-divided into two divisions of equal authority and jurisdiction - the First Division, headed by the Lord President; and the Second Division headed by the Lord Justice Clerk. The courts to hear each case are, ordinarily, drawn from these divisions. [36] [37] When neither is available to chair a hearing, an Extra Division of three senators is summoned, chaired by the most senior judge present; due to pressure of business the Extra Division sits frequently nowadays. [38] In section 28 the words from “all actions on account of any injury to moveables” to “seduction”, from “all actions on the responsibility” to “nuisance” and from “all actions on policies” to the end and that section so far as relating to the jury court and the Court of Admiralty.

Final judgments of the Outer House, as well as some important judgements on procedure, may be appealed to the Inner House. Other judgments may be so appealed with leave. [61] Lands Valuation Appeal Court [ edit ]Senators of the College of Justice - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. 2017. Archived from the original on 14 February 2021 . Retrieved 2 April 2017. The Lords of Council and Session had previously been part of the King's Council, [4] [5] but after receiving support in the form of a papal bull of 1531, King James V established a separate institution—the College of Justice or Court of Session—in 1532, with a structure based on that of the Parlement of Paris. The Lord Chancellor of Scotland was to preside over the court, which was to be composed of fifteen lords appointed from the King's Council. [6] [7] [8] Seven of the lords had to be churchmen, while another seven had to be laymen. [9] An Act of Parliament in 1640 restricted membership of the court to laymen only, by withdrawing the right of churchmen to sit in judgement. [10] The number of laymen was increased to maintain the number of lords in the court. Valuation of Lands (Scotland) Amendment Act 1879", legislation.gov.uk, The National Archives, 1879 c. 42 The Inner House is the senior part of the Court of Session, and is both a court of appeal and a court of first instance. The Inner House has historically been the main locus of an extraordinary equitable power called the nobile officium – the High Court of Justiciary has a similar power in criminal cases. [51] Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. [52] [53] [54]

Section 72 so far as relating to appeals from the sheriff, except the words “although such law is not pleaded on the record”. Section 40 so far as relating to proofs in inferior courts other than sheriff courts and in that section the words from “Provided however” to “repealed” and from “but it is” to the end.Beveridge, Thomas (1826). A practical treatise on the forms of process: containing the new regulations before the Court of session, Inner-house, Outer-house and Bill-chamber; the Court of teinds, and the Jury court. Volume I. Edinburgh: Bell & Bradfute. p. 28. The Select Committee's Report recommended that the salaries of the Lord President, Lord Justice Clerk and remaining senators should be increased, and also recommended that all senators should become Lords Commissioners of Justiciary. The recommended salaries were: [18]