Court of Session

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Scots law This article is part of the series: Courts of Scotland

Administration Scottish Government Cabinet Secretary for Justice Judicial Appointments Board Scottish Court Service College of Justice Office of the Public Guardian Scottish Criminal Cases Review Commission Scottish Prison Service

Civil courts Privy Council House of Lords Court of Session Lord President Lord Justice Clerk Lords of Session Office of the Accountant of Court Sheriff Court Sheriff

Criminal courts High Court of Justiciary Lord Justice-General Lord Justice Clerk Lords Commissioner of Justiciary Sheriff Court Sheriff Principal Sheriff District Court Justice of the Peace

Special courts Court of the Lord Lyon Lord Lyon King of Arms Scottish Children's Reporter Administration Children's Hearings Scottish Land Court Lands Tribunal for Scotland

Criminal justice Lord Advocate Crown Office Advocate Depute Procurator Fiscal

Advocates and solicitors Faculty of Advocates Advocate Law Society of Scotland Solicitor-Advocate Solicitor

The Court of Session is the supreme civil court of Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh.^[1]

The Sheriff Court is the other Scottish civil court; this sits locally. Although the two courts have a largely co-extensive jurisdiction, with the choice of court being given in the first place to the pursuer (petitioner), the vast majority of difficult or high-value cases in Scotland are brought in the Court of Session. Legal aid, administered by the Scottish Legal Aid Board, may be available.^{[citation needed]}

Modelled on the Parlement of Paris when it was first founded by King James V in 1532, the Court of Session is notionally a unitary collegiate court, with all judges other than the Lord President and the Lord Justice Clerk holding the same rank and title - Senator of the College of Justice and also Lord/Lady of Council and Session.^[2] The number of judges is now thirty-four (four of whom are women); there are also a number of temporary judges, who are typically either sheriffs or Advocates in private practice. The judges sit also in the High Court of Justiciary, and the Lord President is also, as president of that court, the Lord Justice General.^{[citation needed]}

The Court of Session has extensive powers to regulate its own procedures and practice by Acts of Sederunt.^[3] These are generally incorporated into the Rules of Court, which are published by the Scottish Court Service. Members of the Faculty of Advocates, known as advocate or counsel and corresponding approximately to a barrister, have practically exclusive rights of audience; although since 1990 some solicitors, known as solicitor-advocates, have a right of audience, few will exercise it in cases of any difficulty and these only rarely.^{[citation needed]}

The Court of Session Act 1810, divided the Court into the Outer House and the Inner House.^[4]

Contents 1 The Outer House 2 The Inner House 3 Exchequer causes 4 See also 5 References 6 External links

[edit] The Outer House

Main article: Outer House

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The Outer House is a court of first instance, although some statutory appeals are remitted to it by the Inner House. Judges in the Outer House are referred to as Lord or Lady [name], or as Lord Ordinary. They sit singly, sometimes with a jury of twelve in personal injury and defamation actions. Jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute. Some classes of cases, such as intellectual property disputes, are heard by designated judges.

Final (and some important procedural) judgments of the Outer House may be appealed to the Inner House. Other judgments may be so appealed with leave.

[edit] The Inner House

Main article: Inner House

The Inner House is the senior part of the Court of Session, it is a court of appeal and a court of first instance.^[5] Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.

The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House^[6] and from appeals in civil cases from the Sheriff Courts, the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will also sit as a court of first instance in rare instances.^[7] The Inner House is always a panel of at least three Senators and does not sit with a jury.^[8]

Unlike in the High Court of Justiciary, there is a right of appeal to the House of Lords from the Inner House. However, under the Constitutional Reform Act 2005 this right of appeal will move from the House of Lords to the Supreme Court of the United Kingdom when it begins sitting. The right of appeal only exists when the Court of Session grants leave to this effect or when the decisions of the Inner House are by majority.

[edit] Exchequer causes

The Court is the Court of Exchequer for Scotland. Prior to 1856 the jurisdiction for exchequer causes was that of the Court of Exchequer, which has been transferred to the Court of Session with one of the Lords Ordinary required to be Lord Ordinary in Exchequer Causes, this was restated by the Court of Session Act 1988.^[9][10][11]

[edit] See also

• Courts of Scotland
• College of Justice
• High Court of Justiciary
• Office of the Accountant of Court
• List of Senators of the College of Justice
• List of Leading Scottish Legal Cases

[edit] References

This article needs additional citations for verification. Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (November 2007)

[edit] External links

• Scottish Court Service
• Recent decisions of the Court of Session
• Faculty of Advocates
• Jurisdiction of the Court of Session
• Scottish Legal Aid Board

v • d • e Court of Session Chief justice Lord President of the Court of Session Other judges Lord Justice Clerk · Senators of the College of Justice · Lord Ordinary Divisions Inner House · Outer House Administration Scottish Court Service · Office of the Accountant of Court · Principal Clerk of Session and Justiciary Other Officers Messengers-at-Arms · Advocates  · Solicitor-advocates  · Writers to the Signet  · Society of Solicitors in the Supreme Courts of Scotland Buildings Parliament House, Edinburgh