Court of Session Act 1808

From Wikipedia, the free encyclopedia

Acts of Parliament of predecessor states to the United Kingdom
Acts of English Parliament to 1601 Acts of English Parliament to 1641 Ordinances and Acts (War & Interregnum) to 1660 Acts of English Parliament to 1699 Acts of English Parliament to 1706 Acts of Parliament of Scotland Acts of Irish Parliament to 1700 Acts of Irish Parliament to 1800
Acts of Parliament of the United Kingdom
1707–1719 \| 1720–1739 \| 1740–1759 1760–1779 \| 1780–1800 \| 1801–1819 1820–1839 \| 1840–1859 \| 1860–1879 1880–1899 \| 1900–1919 \| 1920–1939 1940–1959 \| 1960–1979 \| 1980–1999 2000–Present
Acts of the Scottish Parliament
Acts of the Northern Ireland Parliament
Acts of the Northern Ireland Assembly
Measures of the National Assembly for Wales
Orders in Council for Northern Ireland
United Kingdom Statutory Instruments

The Court of Session Act 1808 was an Act of the Parliament of the United Kingdom (citation 48 Geo III c. 151) which reformed Scotland's highest court, the Court of Session. Reform of the Court of Session had been proposed as early as 1805 by the Whig government trying to impose a system based on that of England, especially the use of a civil jury trial. That particular government fell before their reform bill was enacted. In 1808, reform was pushed through by a Tory government. The Court was split into two divisions. Judgments of the new divisions could only be appealed to the House of Lords at the leave of the division, or in the case of a dispute between its judges. Decrees of the Lords Ordinary could only be appealed to the House of Lords after being reviews by the Divisional judges. The Act also established a commission to review the processes of the Court of Session, including the possibility of the introduction of jury trial and the creation of permanent Lords Ordinary. The Commissioner's review led to two further Acts, the Court of Session Act 1810 and the Court of Session Act 1813. These two Acts created the existing system of two divisions known as the Outer House and the Inner House. Trial by jury came later with the Jury Trials (Scotland) Act 1815.