Court of Session Act 1988

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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 considerable duties, which he listed as: [19] Section 4 except so far as it relates to the regulation of the powers of the vacation judge by act of sederunt. Rehearing by larger court of causes pending in Inner House.: Where a division of the Inner House before whom a cause is pending— The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House [55] and of civil cases from the sheriff courts, the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. [56] The Inner House always sits as a panel of at least three senators and with no jury. [57] 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). [75] Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers. [68] Removal from office [ edit ]

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. 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. JUDGES' SALARY (SCOTLAND). (Hansard, 6 May 1834)". Parliamentary Debates (Hansard). 6 May 1834. Archived from the original on 14 February 2021 . Retrieved 7 May 2017. In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session, and”.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.

Valuation of Lands (Scotland) Amendment Act 1879", legislation.gov.uk, The National Archives, 1879 c. 42However, 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 ] 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 ] About the Court of Session". www.scotcourts.gov.uk. Scottish Courts and Tribunals Service. Archived from the original on 14 March 2017 . Retrieved 6 April 2017. 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]

Chapter 55 – Causes relating to intellectual property" (PDF), Rules of the Court of Session, Scottish Courts Service, vol.2006, p.55.2, archived (PDF) from the original on 30 June 2021 , retrieved 30 June 2021, 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). 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. law keeps English barrister out of Scotland's highest court". Legal Futures. Legal Futures Publishing Limited. 7 May 2015 . Retrieved 6 April 2017. Lord Advocate to sue and be sued on behalf of the Crown.: Except where any enactment otherwise provides, all exchequer causes brought—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] The court is divided into the Inner House of twelve 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 two divisions of six senators: the first division is presided over by the Lord President, and the second division is presided over by the Lord Justice Clerk. Cases in the Inner House are normally heard before a bench of three senators, though more complex or important cases are presided over by five 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 a Lord Ordinary, occasionally with a jury of twelve. A General History of Scots Law (15th – 18th Centuries)" (PDF). Law Society of Scotland . Retrieved 10 September 2013. [ permanent dead link]

White, J. R. C. (1981). "A Brief Excursion into the Scottish Legal System". Holdsworth Law Review. University of Birmingham. 6 (2): 155–161. Archived from the original on 14 February 2021 . Retrieved 14 February 2021. 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 [ edit ] Civil cases [ edit ] Section 28 except 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 except so far as relating to the jury court and Court of Admirality. 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. 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.About the High Court". Scottish Courts Service. Archived from the original on 23 April 2021 . Retrieved 30 June 2021. The High Court of Justiciary is Scotland's supreme criminal court… When exercising its appellate jurisdiction it sits only in Edinburgh. Courts and the Legal System – Civil Courts". Scottish Government. April 2003 . Retrieved 6 November 2009. In section 72 the words “although such law is not pleaded on the record” and that section except so far as relating to appeals from the sheriff.