| Court of Session | |
|---|---|
.svg) Scottish version of the Royal Coat of Arms as used by the Courts in Scotland  Parliament House, Edinburgh which houses the Court of Session | |
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| Established | 1532; 493 years ago (1532) |
| Location | Parliament House,Edinburgh, Scotland |
| Composition method | Executive selection from practising lawyers and judges[1] |
| Authorised by | |
| Appeals to | UK Supreme Court[2] |
| Appeals from |
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| Website | scotcourts.gov.uk |
| Lord President | |
| Currently | Lord Pentland |
| Since | 3 February 2025 |
| Part of a series on |
| Scots law |
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TheCourt of Session[a] is the highest national court ofScotland in relation tocivil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. TheActs of Union which established theKingdom of Great Britain on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separatelegal system.[3] Cases atfirst instance are heard in theOuter House by a single judge. TheInner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat atParliament House since 1707.[4] TheScottish Courts and Tribunals Service and thePrincipal Clerk administers the court and judges.
Decisions of the court are subject to review by both theUK Supreme Court and theEuropean Court of Human Rights and on appeal, theUK Supreme Court can overturn them altogether. Early judges of the court recorded their decisions and codified the law at a time early in the development of Scots law,[5] leading to the development and distinct character ofScots law.[6] In modern times, the court has ruled on issues of public importance and proceedings of its Inner House have been streamed and recorded since 2023.[7] The court now hears cases from any part of Scotland on any issue, other than criminal cases, which belong to its sister court, theHigh Court of Justiciary.
The Court of Session is the Royal Court of Scotland, hearing civil cases in the name of theMonarch.[8] Judges are termed Lords of Council and Session and appointed simultaneously to theCollege of Justice and the High Court of Justiciary. Their number is fixed by statute, currently to 37, although a number of temporary judges assist the court with its workload. The court is led by theLord President of the Court of Session who also heads the Scottish judiciary.[9]
The creation of the court was part of wider efforts to improve and reform access to justice in Scottish society. By 1153, the local feudal courts had been established. Depending on the part of Scotland where the cause originated, justice might also be available from the local baron or lord of regality, sitting with the king's authority.[10] Parties often found these courts ineffectual. Appeal of the decisions of local courts lay to the king and the Lords of Council, sitting together as the King's Council, or the Parliament of Scotland. The burden on these bodies of hearing appeals led to a growing effort to divest their judicial functions.
James I decided that a Session would be held periodically to hear appeals and decide cases.[11] It came to be known as the Auld Session and sat three times a year, comprising the Lord Chancellor and "certain discreet persons of theThree Estates" as the Lords of Session.[12] The Sessions had universal jurisdiction to hear disputes formerly arguable to the king's Council.[10] According to the Stair Memorial Encyclopedia, they were so named because the Sessions were "a court and[…] the term 'session' was used to distinguish this new court from the royal court which was peripatetic, whereas the Session sat at such places as the king appointed."[10]
By 1438, the Session was convening only yearly and it ceased altogether at a time between 1457 and 1468, with its function transferring back to the king's council and decided by the Lords of Council.[12][10] The voluntary and unpaid nature of the office of Lord of Session was likely responsible for the Auld Session's failure.[10] The work of the Session continued under the auspices of the king's council and in 1491, an act proclaimed that "the Chancellor with certain Lords of Council or else the Lords of Session sit for the administration of justice thrice each year… so that justice may be put to due execution to all parties complaining".[13]
These sittings, or 'sessions', became more regular. Edinburgh was fixed as the location for the sessions, addressing a frustrating feature of the royal courts – litigants would summon an opponent to appear at one place on one date, but by that day the king may have decided to move onto another location. The summons would fail and the litigant would have to spend considerable money both following the court and issuing a fresh summons.[10] The Lords of Council and the Lords of Session became commingled, and the modern court's judges are still styledLords of Council and Session.
In 1531, it was decided to create a permanent, dedicated, national court of Scotland.James V obtained apapal bull in 1531 and established the College of Justice in 1532,[14] basing it on theParisianparlement.[10] The council lords[15][16] became members of the College of Justice and judges of the new Court of Session. TheLord Chancellor of Scotland presided over the court.[17][18][19]
The court began providing free access to a lawyer, theadvocatus pauperum, in 1534.[20] Initially, the court's judiciary numbered fourteen and was split evenly between clerics andlaymen.[21] Judges were at first selected by the king and council, but the court grew anxious at the quality of those selected, and from 1579 nominees had to be confirmed by the existing judges.[22]
On its founding, the court had jurisdiction over "all civil actions".[14][23] Consistorial and succession causes were moved from the church courts to the Court of Session after the Reformation. As the court's jurisdiction grew, it began to direct that smaller causes be heard in the local courts, with the Court of Session acting as an appeal court. The court also developed the doctrine ofnobile officium under which it had an inherent power to provide a remedy for any injustice not already provided for by Scots law.[23] Scots law did not develop a distinction between its common law andequitable principles partly due to thenobile officium.[24]
The Courts Act 1672 allowed for five of the Lords of Session to be appointed asLords Commissioners of Justiciary, and as such becomes judges of theHigh Court of Justiciary. The High Court of Justiciary is thesupremecriminal court of Scotland. Previously theLord Justice General, the president of the High Court, had appointed deputes to preside in his absence.[25] From 1672 to 1887, the High Court consisted of theLord Justice General,Lord Justice Clerk, and fiveLords of Session.[26]
In 1640, membership of the court was restricted to laymen only, by withdrawing the right of churchmen to sit in judgement of legal causes.[27][28] The number of laymen was increased to maintain the number of lords in the court.
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The Court of Session is explicitly preserved "in all time coming" in Article XIX of theTreaty of Union between England and Scotland, subsequently passed into legislation by theActs of Union in 1706 and 1707 respectively.[29] The office ofExtraordinary Lord of Session was abolished in 1762. Outer House judges continue to be addressed in the Inner House as "the Lord Ordinary", a remnant of the historical distinction between the Extraordinary Lords of Session and the other or 'Ordinary' ones.
Several significant changes were made to the court during the 19th century, with theCourt of Session Act 1810 formally dividing the Court of Session into theOuter House (withfirst-instance jurisdiction before aLord Ordinary) andInner House (withappellate jurisdiction.)[30] Cases in the Outer House were to be heard by Lords Ordinary who either sat alone or with ajury 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.[31] A further separation was made in 1815, by the Jury Trials (Scotland) Act 1815 (55 Geo. 3. c. 42), with the creation of a lesserJury Court to allow certain civil cases to be tried by jury.[32] In 1830 the Jury Court, along with theAdmiralty andCommissary courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830.[21]
In 1834, theremuneration andworking conditions were a matter of public discussion and debate in theHouse of Commons. On 6 May 1834Sir George Sinclair addressed the House of Commons to plead for an increase in the salaries of the senators, noting that "a Civil Judge in the Supreme Court in Scotland received only£2,000" and the masters in theCourt of Chancery were paid£2,500.[33][34] Aselect committee was appointed to investigate the matter.[35]
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 theReport on the Scotch Judges' Salaries.The Spectator reported the arguments made bySir William Rae,Lord Advocate, that the judges of the Court of Session had considerable duties, which he listed as:[36]
On those thirteen are now devolved, first, all the duties that occur in the Court of Chancery in England; second, all the duties that occur in the courts of Common Law in England, in civil matters; third, all the duties that devolve on the courts of Common Law in England as connected with criminal matters, including a large portion of those done in Quarter-sessions, inasmuch as the Sheriffs, who are the next in rank to the Justiciary Judges, are held incompetent to try any case when the punishment amounts to that of transportation ; fourth, all the duties of the Court of Exchequer, (the remaining Judges of that Court having by a subsequent act been abolished); fifth, all the duties connected with bankruptcy; sixth, a set of duties unknown in England, connected with the valuation and sale of tithes, and the augmentation of ministers' stipends out of the tithes—the tribunal for disposing of such matters it known by the name of the Teind Court; seventh, the duties connected with the Court of Admiralty, and the duties connected with the Consistorial Courts.
— Sir William Rae, Evidence to Select Committee on Judges' Salaries (Scotland)
The select committee 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 committee recommended salaries of£3,000 for Senators (equivalent to £364,205 in 2023),£5,300 for the Lord President, and£5,000 for the Lord Justice Clerk.[b][35] 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 and that the judges were entitled to 7 months'vacation each year.The Spectator also asserted that civil justice was out of the reach of the poor in Scotland.[36]
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 (50 & 51 Vict. c. 35).[37]
Decisions of the Court of Session are influential or binding on all the courts of Scotland, and the court handles all manner of civil business, from commercial and contract disputes to family and taxation. Appeal lies toSupreme Court of the United Kingdom and may be taken only with the permission of either court. The Court of Session and the localsheriff courts of Scotland haveconcurrent jurisdiction for all cases with a monetary value in excess of£100,000; thepursuer is given first choice of court. The majority of complex, important, or high value cases are brought in the Court of Session. The sheriff courts andSheriff Personal Injury Court may remit cases to the Court of Session at the presiding sheriff's request.
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The Court of Session is the supremecivilcourt ofScotland,[38] and it sharesconcurrent jurisdiction with the localsheriff courts over all cases with a value of more than£100,000 (includingpersonal injury claims.) Where a choice of jurisdiction exists between the Court of Session and the sheriff courts, including theSheriff Personal Injury Court, it is for the pursuer to decide which court to raise the action in.[39] The court sits inParliament House inEdinburgh and is both a trial court and a court ofappeal.[40]
The primary task of the Court of Session is to decide on civil law cases. The court is also theCourt 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 asLord Ordinary in Exchequer Causes when hearing cases therein.) This was restated by theCourt of Session Act 1988.[41][42][43]
The Court of Session is also theadmiralty court for Scotland,[44] having been given the duties of that court by the provisions of the Court of Session Act 1830.[45] The boundaries of the jurisdiction of the Court of Session inmaritime cases were specified in 1999 by anOrder in Council: theScottish Adjacent Waters Boundaries Order 1999.[46]
The jurisdiction of the Court of Session extends beyond statutory and common law powers, with the Court having anequitable andinherent jurisdiction called thenobile officium,[47][48] unique among British courts.[49] Thenobile officium enables the court to provide alegal remedy wherestatute or thecommon law are silent, and to prevent mistakes in procedure or practice that would lead toinjustice. The exercise of this power is limited by adherence toprecedent, and whenlegislation or the common law do not already specify the relevant remedy. Thus, the court cannot set aside a statutory power, but can deal with situations where the law is silent, or where there is an omission in statute. Such an omission is sometimes termed acasus improvisus.[50][51]
Thenobile officium was used to implement recognition of anorder of theHigh Court of Justice of England and Wales for the placement of children in secure accommodation in Scotland, in the case ofCumbria County Council, Petitioners [2016] CSIH 92. An application was made to the Court of Session under thenobile officium byCumbria County Council,Stockport Metropolitan Council, andBlackpool Borough Council on behalf of four children. There was insufficient accommodation in England to house the children, so the councils sought to place them in suitable Scottish accommodation. However, legislation was silent on the cross-border jurisdiction of such orders as made by the High Court of Justice. Nonetheless, equivalent orders made by a Scottish court were enforceable inEngland and Wales. Thus, the Court of Session found, using its inherent powers, that the orders could be applied as though they had been issued by the Court of Session itself.[52][50]
In September 2019 UK Prime MinisterBoris Johnson said that he would "rather be dead in a ditch" than apply for an extension to Britain's application to leave the European Union (Brexit), due on 31 October, although the UK parliament had required him to do so under circumstances laid out in theBenn Act. Following this, an application was made to the Court of Session to require the Prime Minister to sign a letter requesting extension if no exit deal could be agreed in time. The applicants hoped that the unique power ofnobile officium would enable the court to send thearticle 50 extension letter on Johnson's behalf, if he declined to do so.[49]
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.[53][54] 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.[55]
Until 2015 civil cases that went to afull proof (hearing) in the sheriff courts of Scotland could be appealed by right to theInner House of the Court of Session.Appellants could take the appeal to asheriff principal for an initial appeal, and then onto the Inner House, or they could take the appeal directly to the Inner House.[56] However, the appellate jurisdiction of sheriffs principal for all civil cases (including summary cause andsmall claims actions) was transferred to theSheriff Appeal Court following passage of theCourts 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 significantpoint of law, or are particularly complex:[57]
— Paragraph 133,Policy Memorandum, Courts Reform (Scotland) Bill, Scottish Government[58]
TheOath of Allegiance is taken by holders of political office in Scotland before the Lord President of the Court of Session at a meeting of the court.[59]
Civil procedure in Scotland is regulated by the Court of Session throughActs of Sederunt, which aresubordinate legislation and take legal force asScottish statutory instruments. The power to enact Acts of Sederunt is granted by the Courts Reform (Scotland) Act 2014 and theTribunals (Scotland) Act 2014, which replaced powers regulated by theCourt of Session Act 1988 and the Sheriff Courts (Scotland) Act 1971.[60][61][57][62] These are generally incorporated into the Rules of Court, which are published by theScottish Courts and Tribunals Service and form the basis for Scots civil procedure.[63]
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 orrepeal anyenactment, including primary legislation, if it relates to matters anAct 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.[64][65]
An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to theFaculty of Advocates to regulateadmission to practice as anadvocate before the Court of Session and the High Court of Justiciary; advocates are notionally officers of the court, and arede jure appointed by the court.[66]
The court is divided into the Inner House of twelve senators, which is primarily an appeal court, and theOuter House, which is primarily acourt of first instance. The Inner House is further divided into divisions of six senators: the first division, presided over by the Lord President, and second division, presided over by the Lord Justice Clerk. Cases in the Inner House are normally heard before abench 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. Outer House cases are heard by a single senator sitting as aLord Ordinary, occasionally with ajury of twelve.
The current Lord President isLord Carloway. In addition to the 35 senators, a number of temporary judges have been appointed to the court, typically from serving sheriffs andsheriffs principal oradvocates in private practice.
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 thenobile officium – the High Court of Justiciary has a similar power in criminal cases.[67] Criminalappeals in Scotland are handled by the High Court of Justiciary sitting as theCourt of Appeal.[68][69][70]
The Inner House is the part of the Court of Session which acts as acourt of appeal for cases decided the Outer House[71] and of civil cases from the sheriff courts, theCourt of the Lord Lyon,Scottish Land Court, and theLands Tribunal for Scotland.[72] The Inner House always sits as a panel of at least three senators and with no jury.[73]
Unlike in the High Court of Justiciary, there is a right of appeal to theSupreme Court of the United Kingdom of cases from the Inner House. The right of appeal only exists when the Court of Session grants leave to this effect or when the decision of the Inner House is by majority. Until theConstitutional Reform Act 2005 came into force in October 2009, this right of appeal was to theHouse of Lords[2] (or sometimes to theJudicial Committee of the Privy Council).
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 asLord or Lady [name], or asLord Ordinary. The Outer House is superficially similar to theHigh Court in England and Wales,[74] and in this house judges sit singly—and with ajury of twelve in personal injury or defamation actions.[40]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.[75] 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.[76]
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.[77]
The court sits as theLands Valuation Appeal Court is aScottish civil court, composed of three Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879.[78] It hears cases where the decision of a local Valuation Appeal Committee is disputed.[79] The senators who make up the Lands Valuation Appeal Court was specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has bothLord Carloway (Lord President) andLady Dorrian (Lord Justice Clerk) as members with a further four senators specified.[80]
Legal aid, administered by theScottish Legal Aid Board, is available to persons with littledisposable income for cases in the Court of Session.[81]
Members of theFaculty of Advocates, known as advocates orcounsel, and as of 1990 also somesolicitors, known assolicitor-advocates, have practically exclusiverights of audience in the court.[82]Barristers fromEngland and Wales have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal)[83] and again in 2015 (over an appeal from a tax tribunal)[84] when barristers recognised by theGeneral Council of the Bar were denied the right to take an appeal on behalf of clients they had represented at tribunal.
The administration of the court is part of the Scottish Courts and Tribunals Service, and is led by thePrincipal Clerk of Session and Justiciary.[85] She is responsible for the administration of theSupreme Courts of Scotland and their associated staff. Gillian Prentice has been the Principal Clerk since June 2018.[86]
The court'spresident is the Lord President, the second most senior judge is the Lord Justice Clerk, with a further 33senators of the College of Justice holding office as Lords of Council and Session. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, and subject to amendment by Order in Council.[87][88] Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75.[89] Temporary judges can also be appointed.
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 alsoLord orLady of Council and Session.[40] There are thirty-four judges,[90] in addition to a number of temporary judges; these temporary judges are typicallysheriffs, 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.[91][92]
To be eligible for appointment as a senator, or temporary judge, a person must have served at least five years as sheriff or sheriff principal, been an advocate for five years, asolicitor with five years rights of audience before the Court of Session or High Court of Justiciary, or been aWriter to the Signet for ten years (having passed the exam in civil law at least two years before application).[93][94]Appointments are made by theKing on the recommendation of theFirst Minister of Scotland who receives recommendations from theJudicial 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).[95] Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers.[87]
The Lord President, Lord Justice Clerk and other senators can be removed from office after a tribunal has been convened to examine their fitness for office. The tribunal is convened on the request of the Lord President, or in other circumstances that the First Minister sees fit. However, the First Minister must consult the Lord President (for all other judges) and the Lord Justice Clerk (when the Lord President is under investigation.) Should the tribunal recommend their dismissal theScottish Parliament can resolve that the First Minister make a recommendation tothe Monarch.[96][97]
TheLord President is the most senior judge of the Court of Session, and is also president of the First Division of the Inner House. TheLord 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.
The Lord President is the president of the First Division, and the Lord Justice Clerk is the president of the Second Division.
| Senator | Mandatory retirement | Inner House appointment | Outer House appointment | Division | |
|---|---|---|---|---|---|
| 1 | The Rt Hon. Lord Pentland (Lord President of the Court of Session and Lord Justice General) | 11 March 2032 | July 2020 | November 2008 | First |
| 2 | The Rt Hon. Lord Beckett (Lord Justice Clerk) | 1 July 2023 | 17 May 2016 | Second | |
| 3 | The Rt Hon. Lady Paton | 2027 | April 2007 | January 2000 | Second |
| 4 | The Rt Hon. Lord Malcolm | 1 October 2028 | 1 July 2014 | 2007 | Second |
| 5 | The Rt Hon. Lord Doherty | 30 January 2033 | December 2020 | May 2010 | First |
| 6 | The Rt Hon. Lord Matthews | 4 December 2028 | August 2021 | 2007 | Second |
| 7 | The Rt Hon. Lord Tyre | 17 April 2031 | 5 January 2022 | May 2010 | First |
| 8 | The Rt Hon. Lady Wise | 22 January 2033 | 5 January 2022 | 6 February 2013 | First |
| 9 | The Rt Hon. Lord Armstrong | 26 May 2031 | 23 June 2023 | 15 February 2013 | Second |
| 10 | The Rt Hon. Lord Clark | 3 December 2030 | 23 September 2024 | 24 May 2016 | First |
| 11 | The Rt. Hon. Lord Ericht | 12 September 2038 | 3 February 2025 | 31 May 2016 | First |
| 12 | The Rt. Hon. Lady Carmichael | 26 November 2044 | 3 February 2025 | 30 June 2016 | Second |
| Senator | Mandatory retirement | Appointment | |
|---|---|---|---|
| 13 | The Hon. Lord Brailsford | 16 August 2029 | 2006 |
| 14 | The Rt. Hon. Lord Mulholland | 18 April 2034 | 15 December 2016 |
| 15 | The Hon. Lord Summers | 27 August 2039 | 17 March 2017 |
| 16 | The Hon. Lord Arthurson | 16 December 2039 | 17 March 2017 |
| 17 | The Hon. Lord Fairley | 20 February 2043 | 13 January 2020 |
| 18 | The Hon. Lady Poole | 11 August 2045 | 13 January 2020 |
| 19 | The Hon. Lord Harrower | 17 February 2020 | |
| 20 | The Hon. Lord Weir | 21 Feb 2042 | 6 April 2020 |
| 21 | The Hon. Lord Braid | 6 March 2033 | 22 June 2020 |
| 22 | The Hon. Lord Sandison | 30 May 2041 | 1 March 2021 |
| 23 | The Hon. Lady Haldane | 1 March 2021 | |
| 24 | The Hon. Lord Richardson | 26 August 2049 | 1 March 2021 |
| 25 | The Hon. Lady Drummond | 19 December 2042 | 16 May 2022 |
| 26 | The Hon. Lord Young | 16 May 2022 | |
| 27 | The Hon. Lord Lake | 16 May 2022 | |
| 28 | The Hon. Lord Scott | 16 May 2022 | |
| 29 | The Hon. Lord Stuart | 24 April 2041 | 16 May 2022 |
| 30 | The Hon. Lord Colbeck | 19 May 2023 | |
| 31 | The Hon. Lord Cubie | 17 June 2024 | |
| 32 | The Hon. Lady Hood | 17 June 2024 | |
| 33 | The Hon. Lord Renucci | 17 June 2024 | |
| 34 | The Hon. Lady Ross | 17 June 2024 | |
| 35 | The Hon. Lady Tait | 5 February 2025 | |
| 36 | The Hon. Lord Duthie | 27 June 2050 | 9 January 2023 |
The book edited below, completed in 1566, is the first comprehensive survey of Scots law. It gathers and summarises a large number of laws from various different sources… The author… was a judge [of the Court of Session]… He wrote the book principally for the use of other judges and advocates in the court.
{{cite book}}:|work= ignored (help)A labourer in 1834 had an annual salary of£27.17s.10d.
23) A sheriff has exclusive competence to deal with civil proceedings where the total value of the orders sought does not exceed £100,000.
The whole power, authority, and jurisdiction at present belonging to the Court of Exchequer in Scotland, as at present constituted, shall be transferred to and vested in the Court of Session, and the Court of Session shall be also the Court of Exchequer in Scotland.
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
Exchequer causes
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
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.
The Court shall have power by act of sederunt...
Appeal and Review
The High Court of Justiciary is Scotland's supreme criminal court… When exercising its appellate jurisdiction it sits only in Edinburgh.
Any person convicted on indictment may, with leave granted in accordance with section 230A of this Act, appeal in accordance with the provisions of this Part of this Act, to the High Court
Each division is made up of five Judges, but the quorum is three.
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).
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.
Previously, you couldn't get civil legal aid at all if your disposable income was over £10,306... That limit has more than doubled to £25,000.
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
The Lord President is the Head of the Scottish Judiciary.
Office of lord justice general to devolve on lord president.
The judicial offices within the Board's remit are— (a) the office of judge of the Court of Session, … (c) the office of temporary judge (except in any case where the individual to be appointed to the office holds or has held one of the offices mentioned in subsection (2))…]
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