Court of Session

Court of Session
Scottish Gaelic: Cùirt an t-Seisein

Royal Coat of Arms of the United Kingdom as used by the Courts in Scotland
Established 1532 (1532)
Country Scotland
Location Parliament House, Edinburgh
Coordinates 55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191Coordinates: 55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191
Composition method Judges are appointed by the monarch on the recommendation of the First Minister, who receives recommendations from the Judicial Appointments Board for Scotland[1]
Authorized by
Decisions are appealed to Supreme Court of the United Kingdom[2]
Judge term length Mandatory retirement at age of 75
No. of positions 35[3]
Website www.scotcourts.gov.uk
Lord President
Currently Lord Carloway
Since 19 December 2015
Lord Justice Clerk
Currently Lady Dorrian
Since 13 April 2016

The Court of Session (Scottish Gaelic: Cùirt an t-Seisein; Scots: Coort o Session) is the supreme civil court of Scotland, and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh, and is both a trial court and a court of appeal. Decisions of the Court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a with a monetary value in excess of £100,000; the pursuer is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.

The court is a unitary collegiate court, with all judges other than the Lord President of the Court of Session and the Lord Justice Clerk holding the same rank and title—Senator of the College of Justice and also Lord or Lady of Council and Session. The Lord Lord President is chief justice of the Court, and also head of the judiciary of Scotland; the Lord Justice Clerk is his deputy. There are 35 Senators, in addition to a number of temporary judges; these temporary judges are typically serving sheriffs and sheriffs principal, or advocates in private practice. The Senators sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice General, and Senators are known as Lords Commissioners of Justiciary.

The Court is divided into the Inner House of 12 Senators, which is primarily an appeal court, and the Outer House, which is primarily a court of first instance. The Inner House is further divided into 2 divisions of 6 Senators: the 1st Division is presided over by the Lord President, and the 2nd Division is presided over by the Lord Just Clerk. Cases in the Inner House are normally heard before a bench of 3 Senators, through more complex or importance cases are presided over by 5 Senators. On very rare occasions the whole Inner House has presided over a case. Cases in the Outer House are heard by a single Senator sitting as Lords Ordinary, occasionally with a jury of twelve.

The Court is administered by the Scottish Courts and Tribunals Service, and the most senior clerk of court is the Principal Clerk of Session and Justiciary; the Principal Clerk is responsible for all court staff, and is also responsible for the administration of the High Court of Justiciary.

The Court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council.

As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.

History

Establishment

Entrance to the Law Courts, Parliament Square

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.

Courts Act 1672

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

The Court of Session is explicitly preserved "in all time coming" in Article XIX of the Treaty of Union between England and Scotland, subsequently passed into legislation by the Acts of Union in 1706 and 1707 respectively.[13]

19th Century

Court of Session Act 1810

Several significant changes were made to the Court during the 19th century, with the Court of Session Act 1810 formally dividing the Court of Session into the Outer House (with first-instance jurisdiction before a Lord Ordinary) and Inner House (with appellate jurisdiction.)[14] Cases in the Outer House were to be heard by Lords Ordinary who either sat alone or with a jury of twelve. Cases in the Inner House were to be heard by three Lords of Council and Session, but significant or complicated cases were to be heard by five or more judges.[15] A further separation was made in 1815, by the Jury Trials (Scotland) Act 1815, with the creation of a lesser Jury Court to allow certain civil cases to be tried by jury.[16] In 1830 the Jury Court, along with the Admiralty and Commissary Courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830.[9]

Judicial remuneration

In 1834 the remuneration and working conditions was a matter of public discussion and debate in the House of Commons. On 6 May 1834 Sir George Sinclair addressed the House of Commons to plead for an increase in the salaries for the Senators, noting that "a Civil Judge in the Supreme Court in Scotland received only £2,000" and the masters in the Court of Chancery were paid £2,500.[17][note 1] A Select Committee was appointed to investigate the matter.[18]

In October 1834, The Spectator reported on the conflicting views around the remuneration and working conditions of the judges of the Court of Session, with conflicting views being presented in response to the Report on the Scotch Judges' Salaries. The Spectator reported the arguments made by Sir William Rae, Lord Advocate, that the judges of the Court of Session had considerably duties, which he listed as:[19]

On those thirteen are now devolved, first, all the duties that occur in the Court of Chancery in England ; second, all the duties that occur in the courts of Common Law in England, in civil matters; third, all the duties that devolve on the courts of Common Law in England as connected with criminal matters, including a large portion of those done in Quarter-sessions, inasmuch as the Sheriffs, who are the next in rank to the Justiciary Judges, are held incompetent to try any case when the punishment amounts to that of transportation ; fourth, all the duties of the Court of Exchequer, (the remaining Judges of that Court having by a subsequent act been abolished); fifth, all the duties connected with bankruptcy; sixth, a set of duties unknown in England, connected with the valuation and sale of tithes, and the augmentation of ministers' stipends out of the tithes—the tribunal for disposing of such matters it known by the name of the Teind Court ; seventh, the duties connected with the Court of Admiralty, and the duties connected with the Consistorial Courts.
— Sir William Rae, Evidence to Select Committee on Judges' Salaries (Scotland)

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]

However, The Spectator was very critical of the actual amount of work done by the judges of the Court, noting that there was much public criticism of their effectiveness. The article noted that the judges were entitled to 7 months vacation in each year. The Spectator also asserted that civil justice was out of the reach of the poor in Scotland.[19]

Unification of supreme courts judiciary

In 1887 all of the Lords of Session were made Lords Commissioners of Justiciary, and thus judges of the High Court of Justiciary, following the passage of the Criminal Procedure (Scotland) Act 1887.[20]

Remit and jurisdiction

Civil cases

The Court of Session is the supreme civil court of Scotland,[21] and it shares concurrent jurisdiction with the local sheriff courts over all cases with a value of more than £100,000 (including personal injury claims.) Where a choice of jurisdiction exists between the Court of Session and the sheriff courts, including the Sheriff Personal Injury Court, it is for the pursuer to decide which court to raise the action in.[22] The Court sits in Parliament House in Edinburgh and is both a trial court and a court of appeal.[23]

Exchequer cases

The primary task of the Court of Session is to decide on civil law cases. The court is also the Court of Exchequer for Scotland, a jurisdiction previously held by the Court of Exchequer. (In 1856, the functions of that court were transferred to the Court of Session, and one of the Lords Ordinary sits as Lord Ordinary in Exchequer Causes when hearing cases therein.) This was restated by the Court of Session Act 1988.[24][25][26]

Admiralty cases

The Court of Session is also the admiralty court for Scotland,[27] having been given the duties of that court by the provisions of the Court of Session Act 1830.[28] The boundaries of the jurisdiction of the Court of Session in maritime cases were in 1999 by an Order in Council: the Scottish Adjacent Waters Boundaries Order 1999.[29]

Nobile officium

The jurisdiction of the Court of Session extends beyond statutory and common law powers, with the Court having an equitable and inherent jurisdiction called the nobile officium.[30] The nobile officium enables the Court to provide a legal remedy where statute or the common law are silent, and prevent mistakes in procedure or practice that would lead to injustice. The exercise of this power is limited by adherence to precedent, and when legislation or the common law already specify the relevant remedy. Thus, the Court cannot set aside a statutory power, but can deal with situations where the law is silent, or where there is an omission in statute. Such an omission is sometimes termed a casus improvisus.[31][32]

The nobile officium was used to implement recognition of an order of the High Court of Justice of England and Wales for the placement of children in secure accommodation in Scotland, in the case of Cumbria County Council, Petitioners [2016] CSIH 92. An application was made to the Court of Session under the nobile officium by Cumbria County Council, Stockport Metropolitan Council, and Blackpool Borough Council on behalf of 4 children. There was insufficient accommodation in England to house the children, so the Councils sought to place them in suitable Scottish accommodation. However, legislation was silent on the cross-border jurisdiction of such orders as made by the High Court of Justice. Nonetheless, equivalent orders made by a Scottish court were enforceable in England and Wales. Thus, the Court of Session found, using its inherent powers, that the orders could be applied as though they had been issued by the Court of Session itself.[33][31]

Appellate jurisdiction

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.[34][35] 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 this Extra Division sits frequently nowadays.[36]

Until 2015 civil cases that went to a full proof (hearing) in the sheriff courts of Scotland could be appealed by right to the Inner House of the Court of Session. Appellants could take the appeal to a sheriff principal for an initial appeal, and then onto the Inner House, or they could take the appeal directly to the Inner House.[37] However, the appellate jurisdiction of sheriffs principal for all civil cases (including summary cause and small claims actions) was transferred to the Sheriff Appeal Court following passage of the Courts Reform (Scotland) Act 2014. The 2014 Act also modified the appellate jurisdiction of the Inner House with civil appeals from the sheriff courts being heard by an Appeal Sheriff sitting in the Sheriff Appeal Court. Such appeals are binding on all sheriff courts in Scotland, and appeals can only be remitted (transferred) to the Inner House where they are deemed to be of wider public interest, raise a significant point of law, or are particularly complex:[38]

...the rationale for the establishment of the Sheriff Appeal Court, that it will deal with virtually all civil appeals from the sheriff court because these do not merit the attention of Inner House judges except in very exceptional cases. This will free up Inner House judges to deal with more complex matters.
— Paragraph 133, Policy Memorandum, Courts Reform (Scotland) Bill, Scottish Government[39]

Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.[40]

Oath of Allegiance

The Oath of Allegiance is taken by holders of political office in Scotland before the Lord President of the Court of Session at a meeting of the court.[41]

Acts of Sederunt

Civil procedure in Scotland is regulated by the Court of Session through Acts of Sederunt, which are subordinate legislation and take legal force as Scottish Statutory Instruments. The power to enact Acts of Sederunt is granted by the Courts Reform (Scotland) Act 2014 and the Tribunals (Scotland) Act 2014, which replaced powers regulated by the Court of Session Act 1988 and the Sheriff Courts (Scotland) Act 1971.[42][43][38][44] These are generally incorporated into the Rules of Court, which are published by the Scottish Courts and Tribunals Service and form the basis for Scots civil procedure.[45]

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. 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.[46][47]

An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to the Faculty of Advocates to regulate admission to practice as an advocate before the Court of Session and the High Court of Justiciary; advocates are notionally officers of the Court, and are de jure appointed by the Court.[48]

Structure

Institution of the Court of Session by James V in 1532, detail from the Great Window in Parliament House, Edinburgh. "The first Session was begun by Gavin Dunbar, Archbishop of Glasgow; Alexander Myln, Abbot of Cambuskenneth, Lord President; Master Richard Bothuile, Rector of Ashkirk; Sir John Dingwell, Provost of the Church of the Holy Trinity, near Edinburgh; Master Henry Quhyte, Rector of the Church of Finhaven; Master William Gibson, Dean of the Collegiate Church of Restlerig; Master Thomas Hay, Dean of the Collegiate Church of Dunbar, all elected by our Sovereign Lord the King." -- W Forbes-Leith, Pre-Reformation Scholars in Scotland in the 16th century, 1915

Houses and Lords Ordinary

The Court of Session constitutes part of the College of Justice, and is divided into two houses. The Lords Ordinary sit in the Outer House, and usually singly. The Lords of Council and Session sit in the Inner House, typically in threes. The nature of cases referred to the Court of Session will determine which house that case shall be heard in.

Inner House

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.[49] Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.[50][51][52]

The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House[53] and of civil cases from the Sheriff Courts, the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland.[54] The Inner House always sits as a panel of at least three Senators and with no jury.[55]

Unlike in the High Court of Justiciary, there is a right of appeal to the Supreme Court of the United Kingdom of cases from the Inner House. The right of appeal only exists when the Court of Session grants leave to this effect or when the decision of the Inner House is by majority. Until the Constitutional Reform Act 2005 came into force in October 2009, this right of appeal was to the House of Lords[2] (or sometimes to the Judicial Committee of the Privy Council).

Outer House

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,[56] 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.[57] 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.[58]

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.[59]

Lands Valuation Appeal Court

The Lands Valuation Appeal Court is a Scottish civil court, composed of 3 Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879.[60] It hears cases where the decision of a local Valuation Appeal Committee is disputed.[61] The Senators who make up the Lands Valuation Appeal Court was specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Lord Carloway (Lord President) and Lady Dorrian (Lord Justice Clerk) as members with a further four Senators specified.[62]

Rights of audience

Members of the Faculty of Advocates, known as advocates or counsel, and as of 1990 also some solicitors, known as solicitor-advocates, have practically exclusive right of audience rights of audience in the court.[63] Barristers from England and Wales have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal)[64] and again in 2015 (over an appeal from a tax tribunal)[65] when barristers recognised by the General Council of the Bar were denied the right to take an appeal on behalf of clients they had represented at tribunal.

Judges and office holders

The court's president is the Lord President, the second most senior judge is the Lord Justice Clerk, with a further 33 Senators of the College of Justice holding office as Lords of Council and Session. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, and subject to amendment by Order in Council.[66] [67] Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75.[68]

Temporary judges can also be appointed.

The court is 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 or Lady of Council and Session.[23] There are thirty-four judges,[69] in addition to a number of temporary judges; these temporary judges are typically sheriffs, or advocates in private practice. The judges sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice General.[70][71]

Appointment

To be eligible for appointment as a Senator, or temporary judge, a person must have served at least 5 years as sheriff or sheriff principal, been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.)[72][73] Appointments are made by the First Minister of Scotland on the recommendation of the Judicial Appointments Board for Scotland. The Judicial Appointments Board has a statutory authority for making recommendations under Sections 9 to 27 of the Judiciary and Courts (Scotland) Act 2008 (as amended by the Courts Reform (Scotland) Act 2014).[74] Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers.[66]

Removal from office

The Lord President, Lord Justice Clerk and other Senators can be removed office after a tribunal has been convened to examine their fitness for office. The tribunal is convened on the request of the Lord President, or in other circumstances that the First Minister sees fit. However, the First Minister must consult the Lord President (for all other judges) and the Lord Justice Clerk (when the Lord President is under investigation.) Should the tribunal recommend their dismissal the Scottish Parliament can resolve that the First Minister make a recommendation to the Monarch. [75][76]

Lord President

The Lord President is the most senior judge of the Court of Session, and is also president of the 1st Division of the Inner House.

Lord Justice Clerk

The Justice Clerk is the second most senior judge of the Court of Session, and deputises for the Lord President when the Lord President is absent, unable to fulfil his duties, or when there is a vacancy for Lord President. The Lord Justice Clerk is president of the 2nd Division of the Inner House.

Principal Clerk of Session and Justiciary

The administration of the court is part of the Scottish Courts and Tribunals Service, and is led by the Principal Clerk of Session and Justiciary.[77] The Principal Clerk is responsible for the administration of the Supreme Courts of Scotland and their associated staff. As of 4 April 2017, the Principal Clerk was Graeme Marwick.[78]

Judges of the Inner House

Current judges of the Inner House[79][80]
Name Judicical title Office Division Year appointed to Inner House Other positions
Colin J MacLean Sutherland The Rt Hon Lord Carloway Lord President 1st Division 2008 Lord President (2015), Lord Justice Clerk (2012), Inner House (2008), Senator (2000)
Leeona J Dorrian The Rt Hon Lady Dorrian Lord Justice Clerk 2nd Division 2012 Lord Justice Clerk (2016), Inner House (2008), Senator (2005), Temporary Judge (2002)
Ann Paton The Rt Hon Lady Paton Senator 2nd Division 2007 Inner House (2007), Senator (2000)
Duncan Adam Young Menzies The Rt Hon Lord Menzies Senator 1st Division 2012 Inner House (2012), Senator (2001)
Anne Smith The Rt Hon Lady Smith President of Scottish Tribunals[81] 1st Division 2012 Inner House (2012), Senator (2001)
Philip Hope Brodie The Rt Hon Lord Brodie Senator 1st Division 2012 Inner House (2012), Senator (2002)
Alastair P Campbell The Rt Hon Lord Bracadale Senator 2nd Division 2013 Inner House (2013), Senator (2003)
James Edward Drummond Young The Rt Hon Lord Drummond Young Senator 2nd Division 2013 Inner House (2013), Senator (2001)
Angus Glennie The Rt Hon Lord Glennie Principal Commercial Judge 1st Division 2016 Inner House (2016), Principal Commercial Judge (2007), Senator (2005)
Lynda Clark The Rt Hon the Lady Clark of Calton Senator 1st Division 2013 Inner House (2013), Senator (2006), Life Peer (2005)
Alan Turnbull The Rt Hon Lord Turnbull Senator 2nd Division 2016 Inner House (2016), Senator (2006)
Colin Malcolm Campbell The Rt Hon Lord Malcolm Senator 2nd Division 2014[82] Inner House (2014), Senator (2007)

Judges of the Outer House

Current judges of the Outer House[80][79]
Name Judicical title Office Year appointed to Outer House
Colin Boyd The Rt Hon the Lord Boyd of Duncansby Senator 2012
Alexander F Wylie The Hon Lord Kinclaven Senator 2005
S Neil Brailsford The Hon Lord Brailsford Senator 2006
Roderick F Macdonald The Hon Lord Uist Senator 2006
Hugh Matthews The Hon Lord Matthews Senator 2006
Hugh Matthews The Hon Lord Matthews Senator 2006
Paul Cullen The Hon Lord Pentland Senator 2008
Stephen Errol Woolman The Hon Lord Woolman Senator 2008
Iain Alexander Scott Peebles, QC The Hon Lord Bannatyne Senator 2008
Valerie E Stacey The Hon Lady Stacey Senator 2009
Colin Jack Tyre CBE The Hon Lord Tyre Senator 2010
J Raymond Doherty The Hon Lord Doherty Senator 2010
David Burns The Hon Lord Burns Senator 2012
Margaret E Scott The Hon Lady Scott Senator 2012
Morag Wise The Hon Lady Wise Senator 2013
Iain Armstrong The Hon Lord Armstrong Senator 2013
Rita Rae The Hon Lady Rae Senator 2014
Sarah Wolffe QC The Hon Lady Wolffe Senator 2014
John Beckett QC The Hon Lord Beckett Senator 2016
Alistair Clark QC The Hon Lord Clark Senator 2016
Andrew Stewart QC The Hon Lord Ericht Senator 2016
Ailsa Carmichael QC The Hon Lady Carmichael Senator 2016
Frank Mulholland QC The Rt Hon Lord Mulholland Senator 2016

See also

Notes

  1. ↑ "Wages and Prices | A Family Story". www.afamilystory.co.uk. 5 October 2013. Retrieved 7 May 2017. A labourer in 1834 had an annual salary of £27.17s.10d.

References

  1. ↑ "Judicial Appointments – How are judges appointed?". Judiciary of Scotland. Edinburgh: Judicial Office for Scotland. Retrieved 27 May 2012.
  2. 1 2 "Role of the Supreme Court". Supreme Court of the United Kingdom. Retrieved 2009-09-02.
  3. ↑ Scottish Parliament. The Maximum Number of Judges (Scotland) Order 2016 as made, from legislation.gov.uk.
  4. ↑ Finlay, John. "Men of Law in Pre-Reformation Scotland". Scottish Historical Review. East Linton: Tuckwell Press (Monograph no. 9). ISBN 1-86232-165-5.
  5. ↑ Smith, Thomas Broun (1961). British justice: the Scottish contribution. London: Stevens & Sons. p. 54.
  6. ↑ "College of Justice Act 1532 (as enacted)". Records of the Parliament of Scotland. University of St Andrews. APS ii 335 (c. 2). 17 May 1532. Retrieved 8 May 2017.
  7. ↑ "College of Justice Act 1532 (as amended)". Acts of the Parliament of Scotland. The National Archives. APS ii 335 (c. 2). 17 May 1532. Retrieved 8 May 2017.
  8. ↑ Lord Hope of Craighead (20 October 2008). "King James Lecture – "The best of any Law in the world" – was King James right?" (PDF). United Kingdom Parliament. Retrieved 2009-11-07.
  9. 1 2 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.
  10. ↑ 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.
  11. ↑ "Courts Act 1672 (as enacted)". Records of the Parliaments of Scotland. University of St Andrews. 1672. Retrieved 4 April 2017.
  12. ↑ Keedy, Edwin R. (1 January 1913). "Criminal Procedure in Scotland" (PDF). Journal of the American Institute of Criminal Law and Criminology. Northwestern University School of Law. 3 (5): 728–753. doi:10.2307/1132916. Retrieved 2 May 2017.
  13. ↑ "A General History of Scots Law (15th – 18th Centuries)" (PDF). Law Society of Scotland. Retrieved 2013-09-10.
  14. ↑ Reid, Kenneth (2000). A History of Private Law in Scotland. Oxford University Press. ISBN 0-19-829941-9.
  15. ↑ Reid, Kenneth (2000-12-21). A History of Private Law in Scotland. Oxford University Press. ISBN 0-19-829941-9.
  16. ↑ "Court of Session – other series". National Archives of Scotland. Retrieved 2010-08-09.
  17. ↑ "JUDGES' SALARY (SCOTLAND). (Hansard, 6 May 1834)". hansard.millbanksystems.com. 6 May 1834. Retrieved 7 May 2017.
  18. 1 2 Great Britain Parliament House of Commons Select Committee on Judges' Salaries (1 July 1834). Report from Select Committee on Judges' Salaries (Scotland): With the Minutes of Evidence. London: House of Commons.
  19. 1 2 "ADMINISTRATION OF JUSTICE IN SCOTLAND. » 18 Oct 1834 » The Spectator Archive". The Spectator Archive. The Spectator (1828) Ltd. 18 October 2014. pp. 12 – 13. Retrieved 7 May 2017.
  20. ↑ UK Parliament. Criminal Procedure (Scotland) Act 1887 as amended (see also enacted form), from legislation.gov.uk.
  21. ↑ "Courts and the Legal System – Civil Courts". Scottish Government. Retrieved 2009-11-06.
  22. ↑ Judicial Office for Scotland. "The Office of Sheriff" (DOC). www.judicialappointments.scot. Judicial Appointments Board for Scotland. p. 6. Retrieved 4 April 2017. 23) A sheriff has exclusive competence to deal with civil proceedings where the total value of the orders sought does not exceed £100,000.
  23. 1 2 3 "Court of Session – Introduction". Scottish Court Service. Retrieved 2007-11-23.
  24. ↑ "Exchequer Court (Scotland) Act 1856", Acts of the Parliament of the United Kingdom, UK Statute Law Database, 1856 (56), p. 1, retrieved 2009-09-02, 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.
  25. ↑ "Section 3,Court of Session Act 1988", Acts of the United Kingdom Parliament, Office of Public Sector Information, 1988 (36), p. I(3), retrieved 2007-11-20, One of the judges of the Court who usually sits as a Lord Ordinary shall be appointed by the Lord President to act as Lord Ordinary in exchequer causes, and no other judge shall so act unless and until such judge is appointed in his place
  26. ↑ "Chapter 48, Rules of the Court of Session". Scottish Court Service. Archived from the original on 2008-03-21. Retrieved 2007-11-20. Exchequer causes
  27. ↑ "Section 21, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, 69, p. 21, 1830-06-23, retrieved 2009-08-31, the Court of Session shall hold and exercise original jurisdiction in all maritime civil causes and proceedings of the same nature and extent in all respects as that held and exercised in regard to such causes by the High Court of Admiralty before the passing of this Act
  28. ↑ Shand, Charles Farquhar; Darling, James Johnston (1848). The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833. p. 65. Retrieved 2009-11-18.
  29. ↑ Statutory Instrument 1999 No. 1126 The Scottish Adjacent Waters Boundaries Order 1999 (Coming into force 13 April 1999)
  30. ↑ Thomson, Stephen (2015). The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland. Edinburgh: Avizandum.
  31. 1 2 "Nobile officium used to recognise English High Court orders due to statutory casus improvisus | The Nobile Officium". Archived from the original on 2 Apr 2017. Retrieved 11 May 2017.
  32. ↑ White, J. R. C. (1981). "A Brief Excursion into the Scottish Legal System". Holdsworth Law Review. University of Birmingham. 6 (2): 155 – 161.
  33. ↑ Cumbria County Council, Petitioners, 2016 CSIH 92 (Court of Session, Inner House 19 October 2016).
  34. ↑ Court of Session Act 1988: "Part I Constitution and Administration of the Court". Office of Public Sector Information. Retrieved 23 November 2007.
  35. ↑ Divisions: "Court of Session - Judges". Scottish Courts Service. Retrieved 23 November 2007.
  36. ↑ Information on composition: "Court of Session - Introduction". Scottish Courts Service. Retrieved 23 November 2007.
  37. ↑ Beckman, Gail McKnight (January 1972). "The Availability of Legal Services to Poor People and People of Limited Means in Foreign Systems". International Lawyer. American Bar Association. 6 (1): 162 – 168.
  38. 1 2 Scottish Parliament. Court Reforms (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk.
  39. ↑ Scottish Government (6 February 2014). Policy Memorandum, Courts Reform (Scotland) Bill (PDF) (Report). Scottish Parliament. Retrieved 20 April 2017.
  40. ↑ "Civil Legal Assistance: Many more people to get civil legal aid". Scottish Legal Aid Board. Retrieved 2009-09-02. Previously, you couldn't get civil legal aid at all if your disposable income was over £10,306... That limit has more than doubled to £25,000.
  41. ↑ "Schedule, Promissory Oaths Act 1868", Acts of the Parliament of the United Kingdom, 72, p. Schedule, 1868, retrieved 2009-09-01, The oath as to England is to be tendered by the Clerk of the Council, and taken in presence of Her Majesty in Council, or otherwise as Her Majesty shall direct. The oath as to Scotland is to be tendered by the Lord President of the Court of Session at a sitting of the Court.
  42. ↑ Scottish Parliament. Tribunals (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk.
  43. ↑ "Section 5, Court of Session Act 1988 (as enacted)", Acts of the United Kingdom Parliament, The National Archives, 1988 (36), pp. II(5), retrieved 6 May 2017, The Court shall have power by act of sederunt...
  44. ↑ UK Parliament. Sheriff Courts (Scotland) Act 1971 as amended (see also enacted form), from legislation.gov.uk.
  45. ↑ "Rules of the Court of Session". Scottish Courts and Tribunals Service. Archived from the original on August 26, 2009. Retrieved 2009-08-31.
  46. ↑ "Rule Making". www.scottishciviljusticecouncil.gov.uk. Scottish Civil Justice Council. Retrieved 6 May 2017.
  47. ↑ Samuel Rosenbaum (1915), "Rule-Making in the Courts of the Empire", Journal of the Society of Comparative Legislation, New Series, 15 (2), pp. 132–133, JSTOR 752486
  48. ↑ Scottish Parliament. Act of Sederunt (Regulation of Advocates) 2011 as made, from legislation.gov.uk.
  49. ↑ Thomson, Stephen (2015). The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland. Edinburgh: Avizandum.
  50. ↑ "Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, UK Statute Law Database, 1988 (36), p. V, retrieved 2009-09-02, Appeal and Review
  51. ↑ "High Court of Justiciary – Introduction". Scottish Courts Service. Retrieved 2009-09-02. The High Court of Justiciary is Scotland's supreme criminal court… When exercising its appellate jurisdiction it sits only in Edinburgh.
  52. ↑ "Section 228, Criminal Procedure (Scotland) Act 1975", Acts of the Parliament of the United Kingdom, UK Statute Law Database, 1975 (21), p. V(228), retrieved 2009-09-02, Any person convicted on indictment may, with leave granted in accordance with section 230A of this Act, appeal in accordance with the provisions of this Part of this Act, to the High Court
  53. ↑ "Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, Office of Public Sector Information, 1988 (36), p. V, retrieved 2007-11-23
  54. ↑ "Civil Courts and Tribunals". Scottish Government. Retrieved 2007-11-23.
  55. ↑ "Court of Session – Introduction". Scottish Court Service. Retrieved 2007-11-23. Each division is made up of five Judges, but the quorum is three.
  56. ↑
  57. ↑ Robert Wyness Millar (1932). "Civil Pleading in Scotland". Michigan Law Review. The Michigan Law Review Association. 30 (4): 546–547. JSTOR 1280689.
  58. ↑ "Chapter 55 – Causes relating to intellectual property", Rules of the Court of Session, Scottish Courts Service, 2006, p. 55.2, archived from the original on 2008-02-07, retrieved 2009-09-02, All proceedings in the Outer House in a cause to which this chapter applies shall be brought before a judge of the court nominated by the Lord President as the intellectual property judge or, where the intellectual property judge is not available, any other judge of the court (including the vacation judge).
  59. ↑ "Section 28, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, UK Statute Law Database, 1988 (36), p. V(28), retrieved 2009-09-02, 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.
  60. ↑ UK Parliament. Valuation of Lands (Scotland) Amendment Act 1879 as amended (see also enacted form), from legislation.gov.uk.
  61. ↑ "Non-Domestic Rates - Valuation Appeals". www.gov.scot. Scottish Government. 10 February 2010. Retrieved 18 May 2017.
  62. ↑ Scottish Parliament. Act of Sederunt (Lands Valuation Appeal Court) 2013 as made, from legislation.gov.uk.
  63. ↑ "About the Court of Session". www.scotcourts.gov.uk. Scottish Courts and Tribunals Service. Retrieved 6 April 2017.
  64. ↑ "English barrister refused right of audience in immigration tribunal in Scotland - Free Movement". Free Movement. Free Movement. 8 August 2011. Retrieved 6 April 2017.
  65. ↑ "1532 law keeps English barrister out of Scotland's highest court". Legal Futures. Legal Futures Publishing Limited. 7 May 2015. Retrieved 6 April 2017.
  66. 1 2 "Part 1 | Court of Session Act 1988". www.legislation.gov.uk. The National Archives. 29 July 1988. Retrieved 6 April 2017.
  67. ↑ Scottish Parliament. The Maximum Number of Judges (Scotland) Order 2016 as made, from legislation.gov.uk.
  68. ↑ "Section 26 of Judicial Pensions and Retirement Act 1993". www.legislation.gov.uk. 29 March 1993. Retrieved 2 April 2017.
  69. ↑ "Judges' Divisions February 2013" (PDF). Judiciary of Scotland. February 2013. Retrieved 2013-02-16.
  70. ↑ "Section 2, Paragraph 1, Judiciary and Courts (Scotland) Act 2008", Acts of the Scottish Parliament, 2008 (6), p. 2(1), retrieved 2009-08-29, The Lord President is the Head of the Scottish Judiciary.
  71. ↑ "Section 18, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, 69, p. 18, 1830-07-23, Office of lord justice general to devolve on lord president.
  72. ↑ "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. Retrieved 2 April 2017.
  73. ↑ "Eligibility for Judicial Appointment | Judicial Appointments Board for Scotland". www.judicialappointments.scot. Judicial Appointments Board for Scotland. 2016. Retrieved 4 April 2017.
  74. ↑ "Sections 9 to 18, Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Retrieved 1 April 2017. The judicial offices within the Board's remit are— (a)the office of judge of the Court of Session, ... (c)the office of temporary judge (except in any case where the individual to be appointed to the office holds or has held one of the offices mentioned in subsection (2))...]
  75. ↑ "Chapter 5 of Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Retrieved 3 April 2017.
  76. ↑ "Judicial independence" (PDF). judiciary-scotland.org.uk. Judicial Office for Scotland. Retrieved 3 April 2017.
  77. ↑ "Scottish Court Service An Introduction" (PDF). Scottish Court Service. Archived from the original (PDF) on 21 July 2011. Retrieved 26 May 2012. The Supreme Courts are made up of: the Court of Session, the High Court of Justiciary and the Accountant of Court's Office. The Principal Clerk of Session and Justiciary is responsible for the administration of these areas
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  79. 1 2 "Senators of the College of Justice - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. Retrieved 6 April 2017.
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  82. ↑ "The Right Hon Lord Malcolm (Colin Malcolm Campbell) - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. Retrieved 6 April 2017.

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