Court of Session Act 1988

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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 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 ] In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session; and”.

Reid, Kenneth (21 December 2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7. 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).

Changes to legislation:

a b Scottish Parliament. Court Reforms (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk.

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. 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]a b c "Court of Session – Introduction". Scottish Court Service. Archived from the original on 12 October 2008 . Retrieved 23 November 2007. 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. 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. 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.

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. 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. [61] Lands Valuation Appeal Court [ edit ]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. 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 ] In section 72 the words “although such law is not pleaded on the record” and that section except so far as relating to appeals from the sheriff.

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. law keeps English barrister out of Scotland's highest court". Legal Futures. Legal Futures Publishing Limited. 7 May 2015 . Retrieved 6 April 2017. Text of the Court of Session Act 1988 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.Section 228, Criminal Procedure (Scotland) Act 1975", Acts of the Parliament of the United Kingdom, UK Statute Law Database, vol.1975, no.21, 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