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Court of Session

 
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Court of Session
 
 
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For other courts similarly named, see Court of Sessions
Court of Sessions

A court of sessions is the name of a type of court in a number of countries which derive their legal system largely from English law. The name is, however, not of English, but Scottish origin....
.


The Court of Session is the supreme civil court of Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
. It is both a court of first instance
Court of First Instance

The European Court of First Instance, created in 1989, is a court of the European Union....
 and a court of appeal
Appeal

In law, an appeal is a process for requesting a formal change to an official decision.The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country....
 and sits exclusively in Parliament House
Parliament House, Edinburgh

Parliament House in Edinburgh, Scotland, was home to the Parliament of Scotland, and now houses the Supreme Courts of Scotland. It is located in the Old Town, Edinburgh, just off the Royal Mile, beside St Giles Cathedral....
 in Edinburgh
Edinburgh

Edinburgh ; is the Capital city of Scotland, a position it has held since 1437. It is the seventh largest city in the United Kingdom and the second largest Scottish City status in the United Kingdom after Glasgow....
.

The Sheriff Court
Sheriff Court

Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:...
 is the other Scottish civil court; this sits locally.






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For other courts similarly named, see Court of Sessions
Court of Sessions

A court of sessions is the name of a type of court in a number of countries which derive their legal system largely from English law. The name is, however, not of English, but Scottish origin....
.


Court of Session Seal
The Court of Session is the supreme civil court of Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
. It is both a court of first instance
Court of First Instance

The European Court of First Instance, created in 1989, is a court of the European Union....
 and a court of appeal
Appeal

In law, an appeal is a process for requesting a formal change to an official decision.The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country....
 and sits exclusively in Parliament House
Parliament House, Edinburgh

Parliament House in Edinburgh, Scotland, was home to the Parliament of Scotland, and now houses the Supreme Courts of Scotland. It is located in the Old Town, Edinburgh, just off the Royal Mile, beside St Giles Cathedral....
 in Edinburgh
Edinburgh

Edinburgh ; is the Capital city of Scotland, a position it has held since 1437. It is the seventh largest city in the United Kingdom and the second largest Scottish City status in the United Kingdom after Glasgow....
.

The Sheriff Court
Sheriff Court

Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:...
 is the other Scottish civil court; this sits locally. Although the two courts have a largely co-extensive jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
, with the choice of court being given in the first place to the pursuer
Pursuer

A pursuer in Scotland is the party who initiates a lawsuit before a Courts of Scotland. The term is the same in civil and criminal proceedings. The pursuer is seeking a legal remedy, and if successful, the court will issue judgment in favour of the pursuer and make the appropriate court order ...
 (petitioner), the vast majority of difficult or high-value cases in Scotland are brought in the Court of Session. Legal aid
Legal aid

Most Liberal democracy consider that it is necessary to provide some level of legal aid to persons otherwise unable to afford legal representation....
, administered by the Scottish Legal Aid Board, may be available.

Modelled on the Parlement of Paris when it was first founded by King James V
James V of Scotland

James V was King of Scots from 9 September 1513 until his premature death at the age of thirty, which followed the Scottish defeat at the Battle of Solway Moss....
 in 1532, the Court of Session is notionally a unitary collegiate court, with all judges other than the Lord President
Lord President of the Court of Session

The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836....
 and the Lord Justice Clerk
Lord Justice Clerk

The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.The holder has the title in both the Court of Session and the High Court of Justiciary and is in charge of the Second Division of Judges in the Court of Session....
 holding the same rank and title - Senator of the College of Justice
Senator of the College of Justice

The Senators of the College of Justice, also known as the Lords of Council and Session and as the Lords Commissioners of Justiciary, are the judges of the Court of Session and of the High Court of Justiciary in Scotland....
 and also Lord/Lady of Council and Session. 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
Sheriff Court

Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:...
 or Advocate
Advocate

An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarily in reference to the system of Scots law, Anglo-Dutch law, Scandinavian law and Law of Israel....
s in private practice. The judges sit also in the High Court of Justiciary
High Court of Justiciary

The High Court of Justiciary is the Supreme Courts of Scotland criminal justice of Scotland.The High Court is both a court of first instance and a court of appeal....
, and the Lord President is also, as president of that court, the Lord Justice General.

The Court of Session has extensive powers to regulate its own procedures and practice by Acts of Sederunt
Act of Sederunt

Act of Sederunt, in Scots law, is an ordinance for regulating the forms of judicialprocedure before the Court of Session , passed by the Senator of the College of Justice under authority of a power originally conferred by an act of the Parliament of Scotland in 1540, c....
. These are generally incorporated into the Rules of Court, which are published by the Scottish Court Service
Scottish Court Service

The Scottish Court Service is an Scottish Executive agency of the Scottish Government responsible for the administration the of the Courts of Scotland in Scotland....
. Members of the Faculty of Advocates
Faculty of Advocates

The Faculty of Advocates is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary....
, known as advocate
Advocate

An advocate is one who speaks on behalf of another person, especially in a legal context. It is used primarily in reference to the system of Scots law, Anglo-Dutch law, Scandinavian law and Law of Israel....
 or counsel
Counsel

A counsel or a counsellor gives advice, more particularly in law matters.The legal system in England uses the term counsel as an approximate synonym for a Barristers in England and Wales ', and may apply it to mean either a single person who pleadings a cause, or collectively, the body of barristers engaged in a Legal case....
 and corresponding approximately to a barrister
Barrister

A barrister is a lawyer found in many common law jurisdictions that employ a split profession in relation to legal representation. In split professions, the other type of lawyer is the solicitor....
, 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.

The Court of Session Act 1810
Court of Session Act 1810

The Court of Session Act 1810 was an Act of Parliament of the Parliament of the United Kingdom reforming Scotland's highest court, the Court of Session....
, divided the Court into the Outer House
Outer House

The Outer House is one of the two parts of the Scotland Court of Session, which is the supreme court Civil law court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House....
 and the Inner House
Inner House

The Inner House is the senior part of the Court of Session, the supreme court Civil law Courts of Scotland in Scotland; the Outer House forms the junior part of the Court of Session....
.

The Outer House

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
Lord Ordinary

Lord Ordinary is a term used to describe any judge in the Outer House of the Scotland Court of Session....
. They sit singly, sometimes with a jury
Jury

A jury is a sworn body of people convened to render a rationalism, impartiality verdict officially submitted to them by a court, or to set a sentence or judgment....
 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.

The Inner House

The Inner House is the senior part of the Court of Session, it is a court of appeal
Appeal

In law, an appeal is a process for requesting a formal change to an official decision.The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country....
 and a court of first instance
Trial court

A trial court or court of first instance is a court in which trials take place.A trial court of general jurisdiction is authorized to hear any type of Civil law or Criminal law Legal case that is not committed exclusively to another court....
. Criminal
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
 appeal
Appeal

In law, an appeal is a process for requesting a formal change to an official decision.The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country....
s in Scotland
Scotland

conventional_long_name = ScotlandAlba|common_name= Scotland|image_flag = Flag of Scotland.svg|flag_width = 130px...
 are handled by the High Court of Justiciary
High Court of Justiciary

The High Court of Justiciary is the Supreme Courts of Scotland criminal justice of Scotland.The High Court is both a court of first instance and a court of appeal....
 sitting as the Court of Appeal.

The Inner House
Inner House

The Inner House is the senior part of the Court of Session, the supreme court Civil law Courts of Scotland in Scotland; the Outer House forms the junior part of the Court of Session....
 is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Sheriff Court
Sheriff Court

Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:...
s, the Court of the Lord Lyon
Court of the Lord Lyon

The Court of the Lord Lyon, also known as the Lyon Court, is a standing court of law which regulates heraldry in Scotland. Like the College of Arms in England it maintains the register of grants of coat of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies....
, Scottish Land Court
Scottish Land Court

The Scottish Land Court is based in Edinburgh and deals with disputes between landlords and tenants relating to agricultural tenancies. The court also deals with matters related to Croft and crofters....
, and the Lands Tribunal for Scotland
Lands Tribunal for Scotland

The Lands Tribunal for Scotland is a Civil law court established in 1971 under the Lands Tribunal Act 1949 with jurisdiction in Scotland....
. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least three Senators and does not sit with a jury.

Unlike in the High Court of Justiciary
High Court of Justiciary

The High Court of Justiciary is the Supreme Courts of Scotland criminal justice of Scotland.The High Court is both a court of first instance and a court of appeal....
, there is a right of appeal to the House of Lords
House of Lords

The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". The Parliament comprises the British monarchy, the British House of Commons , and the Lords....
 from the Inner House
Inner House

The Inner House is the senior part of the Court of Session, the supreme court Civil law Courts of Scotland in Scotland; the Outer House forms the junior part of the Court of Session....
. However, under the Constitutional Reform Act 2005
Constitutional Reform Act 2005

The Constitutional Reform Act 2005 is an Act of Parliament of the Parliament of the United Kingdom. It provides for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords and some powers of the Judicial Committee of the Privy Council, and remove the functions of Speaker of the House of Lords and Head of the Jud...
 this right of appeal will move from the House of Lords
House of Lords

The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". The Parliament comprises the British monarchy, the British House of Commons , and the Lords....
 to the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom was established in law by Part III of the Constitutional Reform Act 2005. The Lord Chancellor has announced that it will start work in October 2009 once its new premises are ready....
 when it begins sitting. The right of appeal only exists when the Court of Session
Court of Session

The Court of Session is the Supreme courts of Scotland civil court of Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House, Edinburgh in Edinburgh....
 grants leave to this effect or when the decisions of the Inner House
Inner House

The Inner House is the senior part of the Court of Session, the supreme court Civil law Courts of Scotland in Scotland; the Outer House forms the junior part of the Court of Session....
 are by majority.

Exchequer causes

The Court is the Court of Exchequer for Scotland
Court of Exchequer (Scotland)

The Court of Exchequer was formerly a distinct part of the Scottish court system in Scotland, with responsibility for administration of government revenue and judicial matters relating to customs and excise, revenue, stamp duty and probate....
. Prior to 1856 the jurisdiction for exchequer causes
Exchequer

The Exchequer was a part of the governments of England , Scotland, and Northern Ireland that was responsible for the management and collection of revenues....
 was that of the Court of Exchequer
Court of Exchequer (Scotland)

The Court of Exchequer was formerly a distinct part of the Scottish court system in Scotland, with responsibility for administration of government revenue and judicial matters relating to customs and excise, revenue, stamp duty and probate....
, which has been transferred to the Court of Session with one of the Lords Ordinary
Lord Ordinary

Lord Ordinary is a term used to describe any judge in the Outer House of the Scotland Court of Session....
 required to be Lord Ordinary in Exchequer Causes, this was restated by the Court of Session Act 1988.

See also

  • Courts of Scotland
    Courts of Scotland

    The civil law , criminal law and heraldry court of law of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
  • College of Justice
    College of Justice

    The College of Justice is a term used to describe the Supreme Courts of Scotland, and its associated bodies.The constituent bodies of the supreme courts of Scotland are the Court of Session, the High Court of Justiciary, and the Accountant of Court's Office....
  • High Court of Justiciary
    High Court of Justiciary

    The High Court of Justiciary is the Supreme Courts of Scotland criminal justice of Scotland.The High Court is both a court of first instance and a court of appeal....
  • Office of the Accountant of Court
    Office of the Accountant of Court

    The Office of the Accountant of Court is a constituent body of the Supreme Courts of Scotland of Scotland.Based in Edinburgh, the office of Accountant of Court, also known as the Accountant of the Court of Session , was established by the Judicial Factors Act 1849, and their role was further defined by the Children Act 1995....
  • List of Senators of the College of Justice
    List of Senators of the College of Justice

    The Senator of the College of Justice, and the Chairman of the Scottish Land Court , in order of appointment:#Kenneth Osborne, Lord Osborne...
  • List of Leading Scottish Legal Cases
    List of leading Scottish legal cases

    List of leading Scottish legal cases is a list of leading Scotland legal cases....
  • Scots civil procedure
    Scots civil procedure

    Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of Scottish civil courts, such as the Court of Session and Sheriff Courts....


External links