Courts of Scotland
Encyclopedia
The civil
, criminal
and heraldic
Courts of Scotland
are responsible for the administration of justice
. They are constituted and governed by Scots law
.
The United Kingdom
does not have a single unified judicial system—England and Wales
have one system, Scotland another, and Northern Ireland
a third. There are exceptions to this rule, for example in immigration law, the Asylum and Immigration Tribunal
's jurisdiction covers the whole of the United Kingdom; while in employment law there is a single system of Employment Tribunal
s for England, Wales and Scotland (but not Northern Ireland). The Supreme Court of the United Kingdom
operates across all three separate jurisdictions, hearing civil - but not criminal - appeals in Scottish cases, and determining devolution
and human rights
issues.
. It is the highest civil court of appeal for Scotland. It hears appeals from all the civil courts of the United Kingdom, and the criminal courts of England and Wales
and of Northern Ireland
.
Until the creation of the Supreme Court, ultimate appeal lay to the House of Lords
, a chamber of the Parliament of the United Kingdom
(though in modern practice only the Law Lords sitting in the Appellate Committee, rather than the whole House, heard appeals).
On 1 October 2009 the Supreme Court took over the judicial functions of the House of Lords and the work and the devolution jurisdiction originally vested in the Judicial Committee of the Privy Council
.
Cases involving "devolution issues" arising under the Scotland Act 1998
, such as disputes regarding the validity of Acts of the Scottish Parliament
or executive functions of the Scottish Government, are heard by the Supreme Court. The cases may reach the Court as follows:
is the supreme civil court. It is both a court of first instance
and a court of appeal
and sits exclusively in Parliament House
in Edinburgh
. The court of first instance is known as the Outer House
, the court of appeal the Inner House
.
is the other civil court; this sits locally. Although the Court of Session and Sheriff Courts have a largely co-extensive jurisdiction, with the choice of court being given in the first place to the pursuer
(the claimant
), the majority of difficult or high-value cases in Scotland are brought in the Court of Session.
Any final decision of a Sheriff may be appealed against. There is a right of appeal in civil cases to the Sheriff Principal
, and in most cases onwards to the Court of Session.
is the supreme criminal court.
The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in dedicated premises at the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh.
Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.
There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom
, the highest court. Appeals under the Human Rights Act 1998
and devolution appeals under the Scotland Act 1998
are heard by the UK Supreme Court (formerly the Judicial Committee of the Privy Council
.
is the main criminal court; this sits locally. The procedure followed may either be solemn, where the Sheriff sits with a jury
of 15; or summary, where the Sheriff sits alone. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months' imprisonment or a £10,000 fine, in solemn cases 5 years' imprisonment or an unlimited fine .
A higher sentence in solemn cases may be imposed upon reference to the High Court of Justiciary.
were introduced in 1975 and sit in each local authority area under summary procedure only. Each court comprises one or more Justices of the Peace
(lay magistrates) who sit alone or in threes with a qualified legal assessor as convener or clerk of court. They handle cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982
. The maximum penalty which may be imposed is 60 days' imprisonment or a £2,500 fine.
s (appeals to Employment Appeals Tribunal), VAT Tribunals, Lands Tribunal for Scotland
, etc.
In many cases there is a statutory right of appeal from a tribunal to a particular court or specially constituted appellate tribunal, for example Employment Tribunal cases are appealed to the Employment Appeals Tribunal, which in turn allows appeals to the Court of Session. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is by judicial review
in the Court of Session, which will often be more limited in scope than an appeal.
. Serious crimes, at the direction of the Procurator Fiscal
, are still dealt with in the usual criminal courts.
, the standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of armorial bearings and the right to use certain titles. It is headed by the Lord Lyon, who is King of Arms and senior herald for Scotland.
(ECJ). Any court may refer a particular point of law relating to European Union law
to the ECJ for determination. However, once the ECJ has given its interpretation, the case is referred back to the court that referred it. This is symptomatic of the fact that although the European Union
is increasingly federal, there is no federal court system, just laws that must be interpreted the same way across all member states.
The decision to refer a question to the ECJ can be made by the court of its own initiative, or at the request of any of the parties before it. Where a question of European law is in doubt and there is no appeal from the decision of a court, it is required to refer the question to the ECJ; otherwise any referral is entirely at the discretion of the court.
(ECtHR) Although it is frequent to hear media references to an "appeal" being taken "to Europe", what actually takes place is rather different.
The ECtHR is an international court that hears complaints concerning breaches of the European Convention on Human Rights and Fundamental Freedoms
. An unsatisfied litigant might complain to the ECtHR that Scots law has violated their rights and demand just satisfaction. A decision in the ECtHR will not change their rights under Scots law, and it is up to the various domestic legislative and executive bodies to decide what action (if any) to take after an adverse finding.
Furthermore, courts are not bound to follow a decision of the ECtHR, although they should "take into account" ECtHR jurisprudence when deciding a claim under the Scotland Act 1998
. The Act requires Acts of the Scottish Parliament and actions of the Scottish Ministers to be compatible with the European Convention on Human Rights, and does so in a way which gives courts greater control than they have over UK Acts of Parliament as provided for by the Human Rights Act 1998
.
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
and heraldic
Heraldry
Heraldry is the profession, study, or art of creating, granting, and blazoning arms and ruling on questions of rank or protocol, as exercised by an officer of arms. Heraldry comes from Anglo-Norman herald, from the Germanic compound harja-waldaz, "army commander"...
Courts of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
are responsible for the administration of justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
. They are constituted and governed by Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
.
The United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
does not have a single unified judicial system—England and Wales
Courts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
have one system, Scotland another, and Northern Ireland
Courts of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by Northern Ireland law....
a third. There are exceptions to this rule, for example in immigration law, the Asylum and Immigration Tribunal
Asylum and Immigration Tribunal
The Asylum and Immigration Tribunal was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions...
's jurisdiction covers the whole of the United Kingdom; while in employment law there is a single system of Employment Tribunal
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
s for England, Wales and Scotland (but not Northern Ireland). The Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
operates across all three separate jurisdictions, hearing civil - but not criminal - appeals in Scottish cases, and determining devolution
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
and human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
issues.
Supreme Court of the United Kingdom
The Supreme Court was created on 1 October 2009 by the Constitutional Reform Act 2005Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
. It is the highest civil court of appeal for Scotland. It hears appeals from all the civil courts of the United Kingdom, and the criminal courts of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and of Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Until the creation of the Supreme Court, ultimate appeal lay to the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
, a chamber of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
(though in modern practice only the Law Lords sitting in the Appellate Committee, rather than the whole House, heard appeals).
On 1 October 2009 the Supreme Court took over the judicial functions of the House of Lords and the work and the devolution jurisdiction originally vested in the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Cases involving "devolution issues" arising under the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
, such as disputes regarding the validity of Acts of the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
or executive functions of the Scottish Government, are heard by the Supreme Court. The cases may reach the Court as follows:
- The Attorney-General or other Law OfficersLaw Officers of the CrownThe Law Officers of the Crown are the chief legal advisers to the Crown, and advise and represent the various governments in the United Kingdom and the other Commonwealth Realms. In England and Wales, Northern Ireland and most Commonwealth and colonial governments, the chief law officer of the...
may refer a bill from the devolved body to the Supreme Court. - The litigants may appeal a case from certain superior courts.
- Appellate courts may refer a case to the Supreme Court.
- Any court, if a Law Officer so desires, may refer a case to the Supreme Court.
- Law Officers may refer any issue not related to a bill or case to the Supreme Court.
Court of Session
The Court of SessionCourt of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
is the supreme civil court. It is both a court of first instance
Court of first instance
A court of first instance is a trial court of original or primary jurisdiction.Specific courts called the Court of First Instance include:* European Court of First Instance, of the European Union* Court of First Instance...
and a court of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
and sits exclusively in Parliament House
Parliament House, Edinburgh
Parliament House in Edinburgh, Scotland, was home to the pre-Union Parliament of Scotland, and now houses the Supreme Courts of Scotland. It is located in the Old Town, just off the Royal Mile, opposite St Giles Cathedral.-Parliament Hall:...
in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
. The court of first instance is known as the Outer House
Outer House
The Outer House is one of the two parts of the Scottish Court of Session, which is the supreme civil 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...
, the court of appeal the Inner House
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance...
.
Sheriff Court
The Sheriff CourtSheriff 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:*Solemn and Summary Criminal cases...
is the other civil court; this sits locally. Although the Court of Session and Sheriff Courts have a largely co-extensive jurisdiction, 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 Court 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...
(the claimant
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
), the majority of difficult or high-value cases in Scotland are brought in the Court of Session.
Any final decision of a Sheriff may be appealed against. There is a right of appeal in civil cases to the Sheriff Principal
Sheriff Principal
The office of sheriff principal is unique within the judicial structure of Scotland, and it cannot therefore readily be compared with any other judicial office. It is one of great antiquity, having existed continuously since around the 11th century...
, and in most cases onwards to the Court of Session.
High Court of Justiciary
The High Court of JusticiaryHigh Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
is the supreme criminal court.
The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the former Sheriff Court buildings in the Lawnmarket in Edinburgh, in dedicated premises at the Saltmarket in Glasgow, and also sits from time to time in various other places in Scotland. As a court of appeal, it sits only in Edinburgh.
Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction.
There is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
, the highest court. Appeals under the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
and devolution appeals under the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
are heard by the UK Supreme Court (formerly the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Sheriff Court
The Sheriff CourtSheriff 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:*Solemn and Summary Criminal cases...
is the main criminal court; this sits locally. The procedure followed may either be solemn, where the Sheriff sits with a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of 15; or summary, where the Sheriff sits alone. From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months' imprisonment or a £10,000 fine, in solemn cases 5 years' imprisonment or an unlimited fine .
A higher sentence in solemn cases may be imposed upon reference to the High Court of Justiciary.
District Court
District CourtsDistrict Courts of Scotland
A District Court was the least authoritative type of criminal court in Scotland. The court operated under summary procedure and dealt primarily with minor criminal offences...
were introduced in 1975 and sit in each local authority area under summary procedure only. Each court comprises one or more Justices of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
(lay magistrates) who sit alone or in threes with a qualified legal assessor as convener or clerk of court. They handle cases of breach of the peace, drunkenness, minor assaults, petty theft, and offences under the Civic Government (Scotland) Act 1982
Civic Government (Scotland) Act 1982
The Civic Government Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters....
. The maximum penalty which may be imposed is 60 days' imprisonment or a £2,500 fine.
Justice of the Peace Courts
The Scottish Government is in the process of merging the management of the Sheriff and former District courts, but retaining lay Justices. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enables the Scottish Ministers to replace District Courts by "Justice of the Peace Courts". This process is ongoing, and thus many of the District Courts are now abolished and replaced with the new courts, which have strengthened powers to allow more cases to be dealt with at this level.Tribunals
Tribunals sit in judgement over a number of specialist areas, and frequently have appeals tribunals above them. For example, the Employment TribunalBritish labour law
United Kingdom labour law involves the legal relationship between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights...
s (appeals to Employment Appeals Tribunal), VAT Tribunals, Lands Tribunal for Scotland
Lands Tribunal for Scotland
The Lands Tribunal for Scotland is a civil court with jurisdiction over certain matters relating to land and property in Scotland. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland.Although the...
, etc.
In many cases there is a statutory right of appeal from a tribunal to a particular court or specially constituted appellate tribunal, for example Employment Tribunal cases are appealed to the Employment Appeals Tribunal, which in turn allows appeals to the Court of Session. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is by judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
in the Court of Session, which will often be more limited in scope than an appeal.
- Tribunals
- Asylum and Immigration TribunalAsylum and Immigration TribunalThe Asylum and Immigration Tribunal was a tribunal constituted in the United Kingdom with jurisdiction to hear appeals from many immigration and asylum decisions...
- Employment TribunalBritish labour lawUnited Kingdom labour law involves the legal relationship between workers, employers and trade unions. People at work in the UK benefit from a minimum charter of employment rights...
- VAT and Duties Tribunal
- Pensions Appeal Tribunals for Scotland
- Office of the Social Security Commissioners
- Mental Health Tribunal for ScotlandMental Health Tribunal for ScotlandThe Mental Health Tribunal for Scotland was set up by the Scottish Executive to hear applications for, and appeals against, Compulsory Treatment Orders, and appeals against Short Term Detention Certificates made under the Mental Health Act 2003, and other matters in relation to that Act, for...
- Asylum and Immigration Tribunal
Children's Hearings
The specialist system of Children's Hearings handles the majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. These tribunals have wide ranging powers to issue supervision orders for the person referred to them by the Scottish Children's Reporter AdministrationScottish Children's Reporter Administration
The Scottish Children's Reporter Administration is a Scottish Government executive non-departmental public body with responsibility for protecting children at risk...
. Serious crimes, at the direction of the Procurator Fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
, are still dealt with in the usual criminal courts.
Court of the Lord Lyon
The Court of the Lord LyonCourt 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 arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of...
, the standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of armorial bearings and the right to use certain titles. It is headed by the Lord Lyon, who is King of Arms and senior herald for Scotland.
Other courts
- Court-martialCourt-martialA court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
- General Assembly of the Church of ScotlandGeneral Assembly of the Church of ScotlandThe General Assembly of the Church of Scotland is the sovereign and highest court of the Church of Scotland, and is thus the Church's governing body[1] An Introduction to Practice and Procedure in the Church of Scotland, A Gordon McGillivray, 2nd Edition .-Church courts:As a Presbyterian church,...
: under the terms of the Church of Scotland Act 1921Church of Scotland Act 1921The Church of Scotland Act 1921 is an Act of the British Parliament, passed in 1921. The purpose of the Act was to settle centuries of dispute between the British Parliament and the Church of Scotland over the Church's independence in spiritual matters...
the Church has sole jurisdiction over its own spiritual affairs, including matters of discipline
- Land
- Scottish Land CourtScottish Land CourtThe Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction for disputes between landlords and tenants relating to agricultural tenancies and matters related to crofts and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the...
: agricultural tenancies and crofting rights - Lands Tribunal for ScotlandLands Tribunal for ScotlandThe Lands Tribunal for Scotland is a civil court with jurisdiction over certain matters relating to land and property in Scotland. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland.Although the...
: title and land obligations
- Scottish Land Court
Relationship with the European Court of Justice
As in all other courts in the EU, there is no right to appeal at any stage to the European Court of JusticeEuropean Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
(ECJ). Any court may refer a particular point of law relating to European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
to the ECJ for determination. However, once the ECJ has given its interpretation, the case is referred back to the court that referred it. This is symptomatic of the fact that although the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
is increasingly federal, there is no federal court system, just laws that must be interpreted the same way across all member states.
The decision to refer a question to the ECJ can be made by the court of its own initiative, or at the request of any of the parties before it. Where a question of European law is in doubt and there is no appeal from the decision of a court, it is required to refer the question to the ECJ; otherwise any referral is entirely at the discretion of the court.
Relationship with the European Court of Human Rights
It is not possible to appeal the decision to the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
(ECtHR) Although it is frequent to hear media references to an "appeal" being taken "to Europe", what actually takes place is rather different.
The ECtHR is an international court that hears complaints concerning breaches of the European Convention on Human Rights and Fundamental Freedoms
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
. An unsatisfied litigant might complain to the ECtHR that Scots law has violated their rights and demand just satisfaction. A decision in the ECtHR will not change their rights under Scots law, and it is up to the various domestic legislative and executive bodies to decide what action (if any) to take after an adverse finding.
Furthermore, courts are not bound to follow a decision of the ECtHR, although they should "take into account" ECtHR jurisprudence when deciding a claim under the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
. The Act requires Acts of the Scottish Parliament and actions of the Scottish Ministers to be compatible with the European Convention on Human Rights, and does so in a way which gives courts greater control than they have over UK Acts of Parliament as provided for by the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
.
See also
- Court of Exchequer (Scotland)Court of Exchequer (Scotland)The Court of Exchequer was formerly a distinct part of the court system in Scotland, with responsibility for administration of government revenue and judicial matters relating to customs and excise, revenue, stamp duty and probate...
- Office of the Accountant of CourtOffice of the Accountant of CourtThe Office of the Accountant of Court is a constituent body of the Supreme Courts 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...
- Admiralty courtAdmiralty courtAdmiralty courts, also known as maritime courts, are courts exercising jurisdiction over all maritime contracts, torts, injuries and offences.- Admiralty Courts in England and Wales :...