Court of Session Act 1988

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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. [65] Barristers from England and Wales have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal) [66] and again in 2015 (over an appeal from a tax tribunal) [67] 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. Scottish Government (6 February 2014). Policy Memorandum, Courts Reform (Scotland) Bill (PDF) (Report). Scottish Parliament. Archived (PDF) from the original on 21 April 2017 . Retrieved 20 April 2017. a b Severin Carrell (13 September 2019). "Anti-Brexiters file new legal challenge to force article 50 extension". The Guardian. Archived from the original on 8 November 2019 . Retrieved 13 September 2019. 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]

Courts and the Legal System – Civil Courts". Scottish Government. April 2003 . Retrieved 6 November 2009. 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 [ edit ] 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. Archived from the original on 14 February 2021 . Retrieved 6 July 2021. 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 21, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, vol.69, p.21, 23 June 1830, archived from the original on 14 February 2021 , retrieved 31 August 2009, 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

Changes over time for: Section 27

Section 4 except so far as it relates to the regulation of the powers of the vacation judge by act of sederunt.

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. T. & T. Clark . Retrieved 18 November 2009. Scottish Parliament. Act of Sederunt (Lands Valuation Appeal Court) 2013 as made, from legislation.gov.uk. 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] a b 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. Archived from the original on 14 February 2021 . Retrieved 30 October 2020. 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]Director and Principal Clerk of Session and Justiciary". www.scotcourts.gov.uk. Scottish Courts and Tribunals Service. Archived from the original on 14 February 2021 . Retrieved 20 June 2018. 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 [ edit ] 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. 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. Section 18, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, vol.69, p.18, 23 July 1830, archived from the original on 14 February 2021 , retrieved 31 August 2009, Office of lord justice general to devolve on lord president.