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Court of Session
Royal Coat of Arms of the United Kingdom as used by the courts in Scotland
Map
55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191
Established1532; 492 years ago (1532)
LocationParliament House, Edinburgh
Coordinates55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191
Composition methodExecutive selection[1]
Authorised by
Appeals toUK Supreme Court[2]
Appeals fromIts own Outer House
Sheriff court
Various tribunals
Websitewww.scotcourts.gov.uk
Lord President
CurrentlyLord Carloway
Since19 December 2015
Part of a series on
Scots law
Administration
Civil courts
Criminal courts
Special courts
Criminal prosecution
Legal profession
Court of Session Act 1988
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to consolidate, with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to the constitution, administration and procedure of the Court of Session and procedure on appeal therefrom to the House of Lords; and to repeal, in accordance with recommendations of the Scottish Law Commission, certain enactments relating to the aforesaid matters which are no longer of practical utility.
Citation1988 c. 36
Dates
Royal assent29 July 1988
Other legislation
Repeals/revokes
Status: Current legislation
Text of statute as originally enacted
Text of the Court of Session Act 1988 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Court of Session (Scottish Gaelic: Cùirt an t-Seisein) is the highest national court of Scotland in civil cases. The court was established in 1532 to take on judicial functions previously exercised by the Scottish king and nobility. Its early jurisdiction overlapped with a number of other royal, state and church courts. As these were disbanded, the role of the Court of Session ascended. The acts establishing the United Kingdom provided that the Court of Session will "remain in all time coming". Today the court hears cases from any part of Scotland on any issue, other than criminal cases, which belong to its sister court, the High Court of Justiciary.

Cases at first instance are heard in the Outer House by a single judge. The Inner 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 Scottish Courts and Tribunals Service and the Principal Clerk administers the court and judges.

Judges are termed Lords of Council and Session and appointed simultaneously to the College 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 the Lord President of the Court of Session who also heads the Scottish judiciary.[3]

Decisions of the court are subject to review by the European Court of Human Rights and on appeal, the UK Supreme Court can overturn them altogether. These courts lie outwith Scotland and so the Court of Session is the supreme court of Scotland for civil cases. Early judges of the court recorded their decisions and codified the law at a time early in the development of Scots law,[4] leading to the development and distinct character of Scots law.[5] 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.[6] The Court of Session has sat at Parliament House since 1707.[7]

History

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Background to establishment

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The court was established by the College of Justice Act 1532 (c. 2) and initially presided over by the Lord Chancellor and composed of Privy Councillors, equally drawn from the clergy and laity. Through subsequent reform, the judges are now the senators of the College of Justice, who also sit also as judges of the High Court of Justiciary, the supreme criminal court of Scotland.

Lords of the Session Act 1425
Act of Parliament
Parliament of Scotland
Long titleOf the Sessionis to be haldin.
Citation1425 c. 9
[12mo ed: 1425 c. 65]
Other legislation
Repealed byStatute Law Revision (Scotland) Act 1906
Status: Repealed

James I established the Session by the Lords of the Session Act 1425 (c. 19). It came to be known as the Auld Session and sat three times a year with the Lord Chancellor and "certain discreet persons of the Three Estates" as its Lords of Session.[8] The Sessions had universal jurisdiction to hear disputes formerly arguable to the king's Council.[9] The Stair Memorial Encyclopedia describes the origin of the name session:

Stair describes the Session of James I as a court and explains that 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. Equally, the Session was to be distinguished from the ecclesiastical or consistorial courts.[9]

By 1438, the Session was convening only yearly and they ceased altogether between 1457 and 1468, with their function transferred back to the king's council and heard by the Lords of Council.[8][9] The voluntary and unpaid nature of appointment as a Lord of Session was likely responsible for the failure of the Auld Session.[9]

After receiving support in the form of a papal bull of 1531, James V established the College of Justice in 1532, with a structure based on that of the Parlement of Paris. The Lords of Council and Session, who had been hearing cases as part of the King's Council,[10][11] became members of the College of Justice and judges of the new court. The Lord Chancellor of Scotland presided over the court.[12][13][14] Seven of the lords had to be churchmen, while another seven had to be laymen.[15] In 1640, membership of the court was restricted to laymen only, by withdrawing the right of churchmen to sit in judgement.[16][17] The number of laymen was increased to maintain the number of lords in the court.

Early operation

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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.[18] From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, and five Lords of Session.[19]

Towards the modern day

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Entrance to the Law Courts, Parliament Square

The Court of Session is explicitly preserved "in all time coming" in Article XIX of the Treaty of Union between England and Scotland, subsequently passed into legislation by the Acts of Union in 1706 and 1707 respectively.[20] The office of Extraordinary 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 the Court of Session Act 1810 formally dividing the Court of Session into the Outer House (with first-instance jurisdiction before a Lord Ordinary) and Inner House (with appellate jurisdiction.)[21] Cases in the Outer House were to be heard by Lords Ordinary who either sat alone or with a jury 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.[22] A further separation was made in 1815, by the Jury Trials (Scotland) Act 1815 (55 Geo. 3. c. 42), with the creation of a lesser Jury Court to allow certain civil cases to be tried by jury.[23] In 1830 the Jury Court, along with the Admiralty and Commissary courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830.[15]

In 1834, the remuneration and working conditions were a matter of public discussion and debate in the House of Commons. On 6 May 1834 Sir 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 the Court of Chancery were paid £2,500.[24][25] A select committee was appointed to investigate the matter.[26]

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 the Report on the Scotch Judges' Salaries. The Spectator reported the arguments made by Sir William Rae, Lord Advocate, that the judges of the Court of Session had considerable duties, which he listed as:[27]

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's Report 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 recommended salaries were:[26]

  • Lord President: increase from £4,300 to £5,300
  • Lord Justice Clerk: increase from £4,000 to £5,000
  • Senator: increase from £2,000 to £3,000

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. The article noted that the judges were entitled to 7 months vacation in each year. The Spectator also asserted that civil justice was out of the reach of the poor in Scotland.[27]

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).[28]

Work

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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 to Supreme Court of the United Kingdom and may be taken only with the permission of either court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the pursuer is given first choice of court. The majority of complex, important, or high value cases are be brought in the Court of Session. The sheriff courts and Sheriff Personal Injury Court may remit cases to the Court of Session at the presiding sheriff's request.

Civil cases

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Parliament House, Edinburgh, in Parliament Square, houses the Court of Session

The Court of Session is the supreme civil court of Scotland,[29] and it shares concurrent jurisdiction with the local sheriff courts over all cases with a value of more than £100,000 (including personal injury claims.) Where a choice of jurisdiction exists between the Court of Session and the sheriff courts, including the Sheriff Personal Injury Court, it is for the pursuer to decide which court to raise the action in.[30] The court sits in Parliament House in Edinburgh and is both a trial court and a court of appeal.[31]

Exchequer cases

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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.[32][33][34]

Admiralty cases

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The Court of Session is also the admiralty court for Scotland,[35] having been given the duties of that court by the provisions of the Court of Session Act 1830.[36] The boundaries of the jurisdiction of the Court of Session in maritime cases were specified in 1999 by an Order in Council: the Scottish Adjacent Waters Boundaries Order 1999.[37]

Nobile officium

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The jurisdiction of the Court of Session extends beyond statutory and common law powers, with the Court having an equitable and inherent jurisdiction called the nobile officium,[38][39] unique among British courts.[40] The nobile officium enables the court to provide a legal remedy where statute or the common law are silent, and prevent mistakes in procedure or practice that would lead to injustice. The exercise of this power is limited by adherence to precedent, and when legislation 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 a casus improvisus.[41][42]

The nobile officium was used to implement recognition of an order of the High Court of Justice of England and Wales for the placement of children in secure accommodation in Scotland, in the case of Cumbria County Council, Petitioners [2016] CSIH 92. An application was made to the Court of Session under the nobile officium by Cumbria County Council, Stockport Metropolitan Council, and Blackpool 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 in England 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.[43][41]

In September 2019 UK Prime Minister Boris 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 the Benn 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 of nobile officium would enable the court to send the article 50 extension letter on Johnson's behalf, if he declined to do so.[40]

Appellate jurisdiction

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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.[44][45] 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.[46]

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.[47] 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:[48]

... the rationale for the establishment of the Sheriff Appeal Court, that it will deal with virtually all civil appeals from the sheriff court because these do not merit the attention of Inner House judges except in very exceptional cases. This will free up Inner House judges to deal with more complex matters.

— Paragraph 133, Policy Memorandum, Courts Reform (Scotland) Bill, Scottish Government[49]

Oath of Allegiance

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First Minister Humza Yousaf takes the Oath of Allegiance in the presence of the Lord Advocate, the chief legal officer of the Scottish Government and the Crown in Scotland

The Oath 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.[50]

Acts of Sederunt

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Main article: Act of Sederunt

Civil procedure in Scotland is regulated by the Court of Session through Acts of Sederunt, which are subordinate legislation and take legal force as Scottish statutory instruments. The power to enact Acts of Sederunt is granted by the Courts Reform (Scotland) Act 2014 and the Tribunals (Scotland) Act 2014, which replaced powers regulated by the Court of Session Act 1988 and the Sheriff Courts (Scotland) Act 1971.[51][52][48][53] These are generally incorporated into the Rules of Court, which are published by the Scottish Courts and Tribunals Service and form the basis for Scots civil procedure.[54]

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 or repeal any enactment, including primary legislation, if it relates to matters an Act 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.[55][56]

An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to the Faculty of Advocates to regulate admission to practice as an advocate before the Court of Session and the High Court of Justiciary; advocates are notionally officers of the court, and are de jure appointed by the court.[57]

Structure

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Institution of the Court of Session by James V in 1532, detail from the Great Window in Parliament House, Edinburgh. "The first Session was begun by Gavin Dunbar, Archbishop of Glasgow; Alexander Myln, Abbot of Cambuskenneth, Lord President; Master Richard Bothuile, Rector of Ashkirk; Sir John Dingwell, Provost of the Church of the Holy Trinity, near Edinburgh; Master Henry Quhyte, Rector of the Church of Finhaven; Master William Gibson, Dean of the Collegiate Church of Restlerig; Master Thomas Hay, Dean of the Collegiate Church of Dunbar, all elected by our Sovereign Lord the King." -- W Forbes-Leith, Pre-Reformation Scholars in Scotland in the 16th century, 1915

The court is divided into the Inner House of twelve senators, which is primarily an appeal court, and the Outer House, which is primarily a court 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 a bench 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 a Lord Ordinary, occasionally with a jury of twelve.

The current Lord President is Lord Carloway. In addition to the 35 senators, a number of temporary judges have been appointed to the court, typically from serving sheriffs and sheriffs principal or advocates in private practice.

Inner House

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Main article: Inner House

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 the nobile officium – the High Court of Justiciary has a similar power in criminal cases.[58] Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.[59][60][61]

The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House[62] and of civil cases from the sheriff courts, the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland.[63] The Inner House always sits as a panel of at least three senators and with no jury.[64]

Unlike in the High Court of Justiciary, there is a right of appeal to the Supreme 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 the Constitutional Reform Act 2005 came into force in October 2009, this right of appeal was to the House of Lords[2] (or sometimes to the Judicial Committee of the Privy Council).

Outer House

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Main article: Outer House

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 as Lord or Lady [name], or as Lord Ordinary. The Outer House is superficially similar to the High Court in England and Wales,[65] and in this house judges sit singly—and with a jury of twelve in personal injury or defamation actions.[31] 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.[66] 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.[67]

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.[68]

Other sittings

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The court sits as the Lands Valuation Appeal Court is a Scottish civil court, composed of three Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879.[69] It hears cases where the decision of a local Valuation Appeal Committee is disputed.[70] 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 both Lord Carloway (Lord President) and Lady Dorrian (Lord Justice Clerk) as members with a further four senators specified.[71]

Administration

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[edit]

Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.[72]

Rights of audience

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Members of the Faculty of Advocates, known as advocates or counsel, and as of 1990 also some solicitors, known as solicitor-advocates, have practically exclusive rights of audience in the court.[73] Barristers from England and Wales have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal)[74] and again in 2015 (over an appeal from a tax tribunal)[75] when barristers recognised by the General Council of the Bar were denied the right to take an appeal on behalf of clients they had represented at tribunal.

Principal Clerk

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The administration of the court is part of the Scottish Courts and Tribunals Service, and is led by the Principal Clerk of Session and Justiciary.[76] She is responsible for the administration of the Supreme Courts of Scotland and their associated staff. Gillian Prentice has been the Principal Clerk since June 2018.[77]

Judges

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Main article: Senators of the College of Justice
Colin Sutherland, Lord Carloway, current Lord President of the Court of Session

The court's president is the Lord President, the second most senior judge is the Lord Justice Clerk, with a further 33 senators 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.[78][79] Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75.[80]

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 also Lord or Lady of Council and Session.[31] There are thirty-four judges,[81] 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.[82][83]

Appointment and removal

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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, a solicitor with five years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for ten years (having passed the exam in civil law at least two years before application).[84][85] Appointments are made by the King on the recommendation of the First Minister of Scotland who receives recommendations from the Judicial 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).[86] Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers.[78]

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 the Scottish Parliament can resolve that the First Minister make a recommendation to the Monarch.[87][88]

Lord President

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Main article: Lord Justice Clerk

The Lord President is the most senior judge of the Court of Session, and is also president of the First Division of the Inner House. The Lord 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.

Inner House

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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 Carloway
(Lord President of the Court of Session and Lord Justice General)		 20 May 2029 August 2008 February 2000 First
2 The Rt Hon. Lady Dorrian
(Lord Justice Clerk)		 16 June 2032 November 2012 2005 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 Pentland 11 March 2032 July 2020 November 2008 First
6 The Rt Hon. Lord Doherty 30 January 2033 December 2020 May 2010 First
7 The Rt Hon. Lord Matthews 4 December 2028 August 2021 2007 Second
8 The Rt Hon. Lord Tyre 17 April 2031 5 January 2022 May 2010 First
9 The Rt Hon. Lady Wise 22 January 2033 5 January 2022 6 February 2013 First
10 The Rt Hon. Lord Armstrong 26 May 2031 23 June 2023 15 February 2013 Second
11 The Rt Hon. Lord Beckett 1 July 2023 17 May 2016 Second
12 The Rt Hon. Lord Clark 23 September 2024 24 May 2016 First

Outer House

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Senator Mandatory retirement Appointment
13 The Hon. Lord Brailsford 16 August 2029 2006
14 The Hon. Lord Ericht 12 September 2038 31 May 2016
15 The Hon. Lady Carmichael 26 November 2044 30 June 2016
16 The Rt. Hon. Lord Mulholland 18 April 2034 15 December 2016
17 The Hon. Lord Summers 27 August 2039 17 March 2017
18 The Hon. Lord Arthurson 16 December 2039 17 March 2017
19 The Hon. Lord Fairley 20 February 2043 13 January 2020
20 The Hon. Lady Poole 11 August 2045 13 January 2020
21 The Hon. Lord Harrower 17 February 2020
22 The Hon. Lord Weir 21 Feb 2042 6 April 2020
23 The Hon. Lord Braid 6 March 2033 22 June 2020
24 The Hon. Lord Sandison 30 May 2041 1 March 2021
25 The Hon. Lady Haldane 1 March 2021
26 The Hon. Lord Richardson 26 August 2049 1 March 2021
27 The Hon. Lady Drummond 19 December 2042 16 May 2022
28 The Hon. Lord Young 16 May 2022
29 The Hon. Lord Lake 16 May 2022
30 The Hon. Lord Scott 16 May 2022
31 The Hon. Lord Stuart 24 April 2041 16 May 2022
32 The Hon. Lord Colbeck 19 May 2023
33 The Hon. Lord Cubie 17 June 2024
34 The Hon. Lady Hood 17 June 2024
35 The Hon. Lord Renucci 17 June 2024
36 The Hon. Lady Ross 17 June 2024
37 The Hon. Lord Duthie 27 June 2050 9 January 2023

See also

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References

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  1. ^ "Judicial Appointments – How are judges appointed?". Judiciary of Scotland. Edinburgh: Judicial Office for Scotland. Archived from the original on 14 February 2021. Retrieved 27 May 2012.
  2. ^ 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.
  3. ^ Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
  4. ^ Chalmers, David. "Introduction". In Coutts, Winifred; Goodare, Julian; Simpson, Andrew R.C. (eds.). Chalmers: Compendium of the Laws of Scotland. Edinburgh: The Stair Society. p. 1. 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.
  5. ^ Smith, J Irvine (1958). "The Transition to the Modern Law, 1532–1660". An Introduction to Scottish Legal History. Vol. 20. The Stair Society. p. 30. {{cite book}}: |work= ignored (help)
  6. ^ Cowan, David (27 June 2023). "Court of Session streaming service goes live". BBC News.
  7. ^ "Parliament Hall". Scottish Parliament. Archived from the original on 25 September 2010. Retrieved 18 July 2010.
  8. ^ a b Stair. "1, 2". The Institutions of the Law of Scotland. Vol. 4.
  9. ^ a b c d "5". The Court of Session. Stair Memorial Encyclopedia. Vol. Courts and Competency (reissue).
  10. ^ Finlay, John (2007). Men of Law in Pre-Reformation Scotland. East Linton: Tuckwell Press. ISBN 978-1-86232-165-6. Archived from the original on 18 July 2011. Retrieved 7 November 2009.
  11. ^ Smith, Thomas Broun (1961). British justice: the Scottish contribution. London: Stevens & Sons. p. 54.
  12. ^ "College of Justice Act 1532 (as enacted)". Records of the Parliament of Scotland. APS ii 335 (c. 2). University of St Andrews. 17 May 1532. Archived from the original on 14 February 2021. Retrieved 6 July 2021.
  13. ^ "College of Justice Act 1532 (as amended)". Acts of the Parliament of Scotland. APS ii 335 (c. 2). The National Archives. 17 May 1532. Archived from the original on 22 October 2016. Retrieved 8 May 2017.
  14. ^ Lord Hope of Craighead (20 October 2008). "King James Lecture – "The best of any Law in the world" – was King James right?" (PDF). United Kingdom Parliament. Archived (PDF) from the original on 14 February 2021. Retrieved 7 November 2009.
  15. ^ a b Shand, Charles Farquhar; Darling, James Johnston (1848). "Chapter I. Of the institution of the Court". The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833. Edinburgh: T. & T. Clark. Archived from the original on 14 February 2021. Retrieved 30 October 2020.
  16. ^ Beveridge, Thomas (1826). A practical treatise on the forms of process: containing the new regulations before the Court of session, Inner-house, Outer-house and Bill-chamber; the Court of teinds, and the Jury court. Volume I. Edinburgh: Bell & Bradfute. p. 28.
  17. ^ Clergy Act 1640[dubious – discuss]
  18. ^ "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.
  19. ^ Keedy, Edwin R. (1 January 1913). "Criminal Procedure in Scotland". Journal of the American Institute of Criminal Law and Criminology. 3 (5): 728–753. doi:10.2307/1132916. JSTOR 1132916. Archived from the original on 14 February 2021. Retrieved 24 September 2019.
  20. ^ "A General History of Scots Law (15th – 18th Centuries)" (PDF). Law Society of Scotland. Retrieved 10 September 2013.[permanent dead link‍]
  21. ^ Reid, Kenneth (2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7.
  22. ^ Reid, Kenneth (21 December 2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7.
  23. ^ "Court of Session – other series". National Archives of Scotland. Archived from the original on 18 December 2009. Retrieved 9 August 2010.
  24. ^ "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.
  25. ^ "Wages and Prices | A Family Story". www.afamilystory.co.uk. 5 October 2013. Archived from the original on 14 February 2021. Retrieved 7 May 2017. A labourer in 1834 had an annual salary of £27.17s.10d.
  26. ^ a b Great Britain Parliament House of Commons Select Committee on Judges' Salaries (1 July 1834). Report from Select Committee on Judges' Salaries (Scotland): With the Minutes of Evidence. London: House of Commons. Archived from the original on 14 February 2021. Retrieved 30 October 2020.
  27. ^ a b "ADMINISTRATION OF JUSTICE IN SCOTLAND. » 18 Oct 1834 » The Spectator Archive". The Spectator Archive. The Spectator (1828) Ltd. 18 October 2014. pp. 12–13. Archived from the original on 14 February 2021. Retrieved 7 May 2017.
  28. ^ "Criminal Procedure (Scotland) Act 1887", legislation.gov.uk, The National Archives, 1887 c. 35
  29. ^ "Courts and the Legal System – Civil Courts". Scottish Government. April 2003. Retrieved 6 November 2009.
  30. ^ Judicial Office for Scotland. "The Office of Sheriff". www.judicialappointments.scot. Judicial Appointments Board for Scotland. p. 6. Archived from the original (DOC) on 30 December 2016. Retrieved 4 April 2017. 23) A sheriff has exclusive competence to deal with civil proceedings where the total value of the orders sought does not exceed £100,000.
  31. ^ a b c "Court of Session – Introduction". Scottish Court Service. Archived from the original on 12 October 2008. Retrieved 23 November 2007.
  32. ^ "Exchequer Court (Scotland) Act 1856", Acts of the Parliament of the United Kingdom, vol. 1856, no. 56, UK Statute Law Database, p. 1, archived from the original on 14 February 2021, retrieved 2 September 2009, 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.
  33. ^ "Section 3,Court of Session Act 1988", Acts of the United Kingdom Parliament, vol. 1988, no. 36, Office of Public Sector Information, 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
  34. ^ "Chapter 48, Rules of the Court of Session". Scottish Court Service. Archived from the original on 21 March 2008. Retrieved 20 November 2007. Exchequer causes
  35. ^ "Section 21, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, vol. 69, p. 21, 23 June 1830, archived from the original on 14 February 2021, retrieved 31 August 2009, 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
  36. ^ 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. p. 65. Retrieved 18 November 2009.
  37. ^ Statutory Instrument 1999 No. 1126 The Scottish Adjacent Waters Boundaries Order 1999 (Coming into force 13 April 1999)
  38. ^ "Nobile officium n. phr". Dictionary of the Scots Language. Scottish Language Dictionaries Ltd. Archived from the original on 14 February 2021. Retrieved 21 October 2019.
  39. ^ Thomson, Stephen (2015). The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland. Edinburgh: Avizandum.
  40. ^ 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.
  41. ^ a b "Nobile officium used to recognise English High Court orders due to statutory casus improvisus | The Nobile Officium". Retrieved 11 May 2017.[dead link‍]
  42. ^ White, J. R. C. (1981). "A Brief Excursion into the Scottish Legal System". Holdsworth Law Review. 6 (2). University of Birmingham: 155–161. Archived from the original on 14 February 2021. Retrieved 14 February 2021.
  43. ^ Cumbria County Council, Petitioners, 2016 CSIH 92 (Court of Session, Inner House 19 October 2016).
  44. ^ Court of Session Act 1988: "Part I Constitution and Administration of the Court". Office of Public Sector Information. Archived from the original on 14 February 2021. Retrieved 23 November 2007.
  45. ^ Divisions: "Court of Session - Judges". Scottish Courts Service. Retrieved 23 November 2007.
  46. ^ Information on composition: "Court of Session - Introduction". Scottish Courts Service. Archived from the original on 12 October 2008. Retrieved 23 November 2007.
  47. ^ Beckman, Gail McKnight (January 1972). "The Availability of Legal Services to Poor People and People of Limited Means in Foreign Systems". International Lawyer. 6 (1). American Bar Association: 162–168. Archived from the original on 14 February 2021. Retrieved 14 February 2021.
  48. ^ a b Scottish Parliament. Court Reforms (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk.
  49. ^ 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.
  50. ^ "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.
  51. ^ Scottish Parliament. Tribunals (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk.
  52. ^ "Section 5, Court of Session Act 1988 (as enacted)", Acts of the United Kingdom Parliament, vol. 1988, no. 36, The National Archives, pp. II(5), archived from the original on 14 February 2021, retrieved 6 May 2017, The Court shall have power by act of sederunt...
  53. ^ "Sheriff Courts (Scotland) Act 1971", legislation.gov.uk, The National Archives, 1971 c. 58
  54. ^ "Rules of the Court of Session". Scottish Courts and Tribunals Service. Archived from the original on 3 June 2021. Retrieved 30 June 2021.
  55. ^ "Rule Making". www.scottishciviljusticecouncil.gov.uk. Scottish Civil Justice Council. Archived from the original on 14 February 2021. Retrieved 6 May 2017.
  56. ^ Samuel Rosenbaum (1915), "Rule-Making in the Courts of the Empire", Journal of the Society of Comparative Legislation, New Series, vol. 15, no. 2, Cambridge University Press, pp. 132–133, JSTOR 752486
  57. ^ Scottish Parliament. Act of Sederunt (Regulation of Advocates) 2011 as made, from legislation.gov.uk.
  58. ^ Thomson, Stephen (2015). The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland. Edinburgh: Avizandum.
  59. ^ "Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, vol. 1988, no. 36, UK Statute Law Database, p. V, archived from the original on 14 February 2021, retrieved 2 September 2009, Appeal and Review
  60. ^ "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.
  61. ^ "Section 228, Criminal Procedure (Scotland) Act 1975", Acts of the Parliament of the United Kingdom, vol. 1975, no. 21, UK Statute Law Database, p. V(228), archived from the original on 14 February 2021, retrieved 2 September 2009, 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
  62. ^ "Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, vol. 1988, no. 36, Office of Public Sector Information, p. V, archived from the original on 14 February 2021, retrieved 23 November 2007
  63. ^ "Civil Courts and Tribunals". Scottish Government. 31 July 2003. Retrieved 23 November 2007.
  64. ^ "Court of Session – Introduction". Scottish Court Service. Archived from the original on 12 October 2008. Retrieved 23 November 2007. Each division is made up of five Judges, but the quorum is three.
  65. ^ "Lord Mackay's Courts | the Law Gazette". Archived from the original on 26 April 2011. Retrieved 1 April 2013.
  66. ^ Robert Wyness Millar (1932). "Civil Pleading in Scotland". Michigan Law Review. 30 (4). The Michigan Law Review Association: 546–547. doi:10.2307/1280689. JSTOR 1280689.
  67. ^ "Chapter 55 – Causes relating to intellectual property" (PDF), Rules of the Court of Session, vol. 2006, Scottish Courts Service, p. 55.2, archived (PDF) from the original on 30 June 2021, retrieved 30 June 2021, 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).
  68. ^ "Section 28, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, vol. 1988, no. 36, UK Statute Law Database, p. V(28), archived from the original on 14 February 2021, retrieved 2 September 2009, 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.
  69. ^ "Valuation of Lands (Scotland) Amendment Act 1879", legislation.gov.uk, The National Archives, 1879 c. 42
  70. ^ "Non-Domestic Rates - Valuation Appeals". www.gov.scot. Scottish Government. 10 February 2010. Archived from the original on 14 February 2021. Retrieved 18 May 2017.
  71. ^ Scottish Parliament. Act of Sederunt (Lands Valuation Appeal Court) 2013 as made, from legislation.gov.uk.
  72. ^ "Civil Legal Assistance: Many more people to get civil legal aid". Scottish Legal Aid Board. Archived from the original on 3 April 2009. Retrieved 2 September 2009. 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.
  73. ^ "About the Court of Session". www.scotcourts.gov.uk. Scottish Courts and Tribunals Service. Archived from the original on 14 March 2017. Retrieved 6 April 2017.
  74. ^ "English barrister refused right of audience in immigration tribunal in Scotland - Free Movement". Free Movement. 8 August 2011. Archived from the original on 14 February 2021. Retrieved 6 April 2017.
  75. ^ "1532 law keeps English barrister out of Scotland's highest court". Legal Futures. Legal Futures Publishing Limited. 7 May 2015. Retrieved 6 April 2017.
  76. ^ "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
  77. ^ "Director and Principal Clerk of Session and Justiciary". www.scotcourts.gov.uk. Scottish Courts and Tribunals Service. Archived from the original on 14 February 2021. Retrieved 20 June 2018.
  78. ^ a b "Part 1 | Court of Session Act 1988". www.legislation.gov.uk. The National Archives. 29 July 1988. Archived from the original on 14 February 2021. Retrieved 6 April 2017.
  79. ^ Scottish Parliament. The Maximum Number of Judges (Scotland) Order 2016 as made, from legislation.gov.uk.
  80. ^ "Section 26 of Judicial Pensions and Retirement Act 1993". www.legislation.gov.uk. 29 March 1993. Archived from the original on 14 February 2021. Retrieved 2 April 2017.
  81. ^ "Judges' Divisions February 2013" (PDF). Judiciary of Scotland. February 2013. Archived from the original on 14 February 2021. Retrieved 16 February 2013.
  82. ^ "Section 2, Paragraph 1, Judiciary and Courts (Scotland) Act 2008", Acts of the Scottish Parliament, vol. 2008, no. 6, p. 2(1), archived from the original on 14 February 2021, retrieved 29 August 2009, The Lord President is the Head of the Scottish Judiciary.
  83. ^ "Section 18, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, vol. 69, p. 18, 23 July 1830, archived from the original on 14 February 2021, retrieved 31 August 2009, Office of lord justice general to devolve on lord president.
  84. ^ "Senators of the College of Justice - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Office for Scotland. 2017. Archived from the original on 14 February 2021. Retrieved 2 April 2017.
  85. ^ "Eligibility for Judicial Appointment | Judicial Appointments Board for Scotland". www.judicialappointments.scot. Judicial Appointments Board for Scotland. 2016. Archived from the original on 5 April 2017. Retrieved 4 April 2017.
  86. ^ "Sections 9 to 18, Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Archived from the original on 14 February 2021. Retrieved 1 April 2017. 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))…]
  87. ^ "Chapter 5 of Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Archived from the original on 14 February 2021. Retrieved 3 April 2017.
  88. ^ "Judicial independence" (PDF). judiciary-scotland.org.uk. Judicial Office for Scotland. Archived from the original on 14 February 2021. Retrieved 3 April 2017.

Further reading

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