Court of Session Act 1988

Product Information

Section 3,Court of Session Act 1988", Acts of the United Kingdom Parliament, Office of Public Sector Information, vol.1988, no.36, p.I(3), archived from the original on 14 February 2021 , retrieved 20 November 2007, 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 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.

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. [39] 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: [40] Court of Session – other series". National Archives of Scotland. Archived from the original on 18 December 2009 . Retrieved 9 August 2010. 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. Schedule, Promissory Oaths Act 1868", Acts of the Parliament of the United Kingdom, vol.72, p.Schedule, 1868, archived from the original on 14 February 2021 , retrieved 1 September 2009, 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.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 Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, Office of Public Sector Information, vol.1988, no.36, p.V, archived from the original on 14 February 2021 , retrieved 23 November 2007

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 [ 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. 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 [ edit ]In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session; and”. In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session, and”. Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, UK Statute Law Database, vol.1988, no.36, p.V, archived from the original on 14 February 2021 , retrieved 2 September 2009, Appeal and Review 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. 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, [70] 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. [71] [72] Appointment [ edit ]

Judges' Divisions February 2013" (PDF). Judiciary of Scotland. February 2013. Archived from the original on 14 February 2021 . Retrieved 16 February 2013. 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. a b "Role of the Supreme Court". Supreme Court of the United Kingdom. Archived from the original on 14 February 2021 . Retrieved 2 September 2009.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.

Lord Advocate to sue and be sued on behalf of the Crown.: Except where any enactment otherwise provides, all exchequer causes brought—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. Courts Act 1672 (as enacted)". Records of the Parliaments of Scotland. University of St Andrews. 1672. Archived from the original on 14 February 2021 . Retrieved 4 April 2017. 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. Reid, Kenneth (21 December 2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7. 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.