Court of Session Act 1988

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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. Restoration of possession and specific performance.: The Court may, on application by summary petition— In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session, and”. 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 ]

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. [62] It hears cases where the decision of a local Valuation Appeal Committee is disputed. [63] 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. [64] Rights of audience [ edit ] Scottish Parliament. Act of Sederunt (Lands Valuation Appeal Court) 2013 as made, from legislation.gov.uk. 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 over time for: Section 45

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. [19] Unification of supreme courts judiciary [ edit ] Appointments are made by the First Minister of Scotland on the recommendation of 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). [75] Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers. [68] Removal from office [ 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.

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. 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. College of Justice Act 1532 (as amended)". Acts of the Parliament of Scotland. The National Archives. APS ii 335 (c. 2). 17 May 1532. Archived from the original on 22 October 2016 . Retrieved 8 May 2017. 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 CourtSection 3,Court of Session Act 1988", Acts of the United Kingdom Parliament, Office of Public Sector Information, vol.1988, no.36, p.I(3), archived from the original on 14 February 2021 , retrieved 20 November 2007, One of the judges of the Court who usually sits as a Lord Ordinary shall be appointed by the Lord President to act as Lord Ordinary in exchequer causes, and no other judge shall so act unless and until such judge is appointed in his place 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. Judges' Divisions February 2013" (PDF). Judiciary of Scotland. February 2013. Archived from the original on 14 February 2021 . Retrieved 16 February 2013.

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. Shand, Charles Farquhar; Darling, James Johnston (1848). The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833. T. & T. Clark . Retrieved 18 November 2009. 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. Thomson, Stephen (2015). The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland. Edinburgh: Avizandum. 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.The court is administered by the Scottish Courts and Tribunals Service, and the most senior clerk of court is the Principal Clerk of Session and Justiciary; the Principal Clerk is responsible for all court staff, and is also responsible for the administration of the High Court of Justiciary. Scottish Parliament. Act of Sederunt (Regulation of Advocates) 2011 as made, from legislation.gov.uk.

Scottish Parliament. Tribunals (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk. Jury actions.: Subject to section 9(b) of this Act, the following actions if remitted to probation shall be tried by jury— Valuation of Lands (Scotland) Amendment Act 1879", legislation.gov.uk, The National Archives, 1879 c. 42 Samuel Rosenbaum (1915), "Rule-Making in the Courts of the Empire", Journal of the Society of Comparative Legislation, New Series, Cambridge University Press, vol.15, no.2, pp.132–133, JSTOR 752486 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.a b Scottish Parliament. Court Reforms (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk. The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House [55] and of civil cases from the sheriff courts, the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. [56] The Inner House always sits as a panel of at least three senators and with no jury. [57] Rule Making". www.scottishciviljusticecouncil.gov.uk. Scottish Civil Justice Council. Archived from the original on 14 February 2021 . Retrieved 6 May 2017. 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]