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Outer House

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One of the two parts of the Scottish Court of Session

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Scots law

TheOuter House (abbreviated asCSOH inneutral citations) is one of the two parts of theScottishCourt of Session, which is thesupremecivilcourt inScotland. It is acourt of first instance, although some statutoryappeals are remitted to it by the other more senior part, theInner House. Those appeals are made from theSheriff court, the court of first instance for low value civil causes in thecourt system of Scotland.

ALord Ordinary is ajudge in the Outer House;[1] judges are referred to as "Lord [name]" or "Lady [name]". They are drawn from theSenators of the College of Justice and they sit singly, sometimes with ajury of 12 inpersonal injury anddefamation actions. Jurisdiction is extensive and extends to all kinds ofcivil claims unless expressly excluded bystatute. Some classes of cases, such asintellectual property disputes andexchequer causes, are heard by designated judges. Prior to 1856, the jurisdiction for exchequer causes was that of theCourt of Exchequer, which has been transferred to theCourt of Session with one of the Lords Ordinary required to be Lord Ordinary in Exchequer Causes, this was restated by theCourt of Session Act 1988.[2][3][4]

Final (and some important procedural) judgments of the Outer House may be appealed to the Inner House. Other judgments may be so appealed with the leave of the court.

References

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  1. ^"Lord Ordinary - definition of Lord Ordinary in English | Oxford Dictionaries".Oxford Dictionaries | English. Archived fromthe original on 3 April 2017. Retrieved8 October 2024.(in Scotland) any of the judges of the Outer House of the Court of Session.
  2. ^"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":"Exchequer Court (Scotland) Act 1856".UK Statute Law Database. Retrieved26 November 2007.
  3. ^Section 3, Exchequer causes – "One of the judges of the Court who usually sits as a Lord Ordinary shall be appointed by the Court by act of sederunt 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":"Court of Session Act 1988".Office of Public Sector Information. Retrieved20 November 2007.
  4. ^Chapter 48 – Exchequer causes:"Rules of the Court of Session".Scottish Court Service. Archived fromthe original on 1 November 2007. Retrieved20 November 2007.
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