Court of Session

Court of Session
Court name	Court of Session
Caption	Parliament House, Edinburgh, the seat of the Court of Session.
Established	1532
Jurisdiction	Scotland
Authority	College of Justice
Appeals to	Supreme Court of the United Kingdom
Chiefjudgename	The Lord President of the Court of Session

Court of Session. It is the supreme civil court of Scotland, sitting in Parliament House, Edinburgh as part of the College of Justice. The court hears cases of major importance, including judicial review of Scottish Government actions, complex commercial disputes, and significant claims in delict and contract. Its decisions are binding on all lower Scottish courts and its judges also constitute the High Court of Justiciary when hearing criminal appeals.

History

The court was formally established in 1532 by an Act of the Parliament of Scotland, following a proposal by King James V, who was influenced by the model of the Parlement of Paris. Its creation aimed to centralize and rationalize the administration of civil justice, which was previously dispersed among feudal, ecclesiastical, and royal courts like the Court of the Lord Lyon and the Justice of the Peace courts. The court's early history was intertwined with the Scottish Reformation, the Union of the Crowns, and the subsequent Acts of Union 1707, which preserved Scotland's distinct legal system. Significant reforms occurred in the 19th century, notably the Court of Session Act 1830 and the Judicature Act 1873, which streamlined its structure and procedure.

Jurisdiction and functions

The court possesses an inherent, universal jurisdiction over all civil matters under Scots law, excluding only those expressly reserved to other tribunals. Its functions include hearing actions for damages, specific implement, and reduction, as well as conducting judicial reviews of decisions made by Scottish ministers, local authorities, and other public bodies. It also has an important appellate function, hearing appeals from the Sheriff Appeal Court and the Scottish Land Court on points of law. The court's commercial judges handle complex cases from the Financial Services Industry and international trade, while the Inner House primarily reviews decisions from the Outer House and inferior courts.

Structure and divisions

The court is divided into two main components: the Outer House and the Inner House. The Outer House is a court of first instance, where cases are tried before a single judge, such as a Lord Ordinary or a commercial judge specializing in cases from the Bank of England or London Stock Exchange. The Inner House is primarily an appellate court, further split into the First Division and the Second Division, each presided over by the Lord President and the Lord Justice Clerk respectively. Other specialized offices and bodies within the court's structure include the Office of the Accountant of Court and the Scottish Courts and Tribunals Service.

Procedure

Civil procedure is governed by the Rules of the Court of Session, a comprehensive code derived from the Civil Procedure Rules in England but distinct in its application. Key stages include a written pleadings phase, a procedural hearing to manage the case, and proof or debate before a judge. The court makes extensive use of procedures like the Procedure Roll for legal debates and Commission and Diligence for recovering evidence. Recent modernizations have introduced electronic filing through the Scottish Courts and Tribunals Service and promoted alternative dispute resolution. Appeals from decisions of a Lord Ordinary generally proceed to the Inner House, with further permission required to appeal to the Supreme Court of the United Kingdom.

Judges and officers

Judges are formally titled Senators of the College of Justice and are addressed as "Lord" or "Lady," followed by a territorial title. The head of the judiciary is the Lord President, assisted by the Lord Justice Clerk. Other senior judicial figures include the Principal Clerk of Session and the Clerk of the Court. Judges are appointed by the Monarch on the advice of the First Minister, following a recommendation by the Judicial Appointments Board for Scotland. The court is also served by advocates from the Faculty of Advocates, solicitors with rights of audience, and officers like the Keeper of the Advocates' Library.

Notable cases

The court has decided many landmark cases that have shaped Scots law and influenced other jurisdictions. In *Donoghue v Stevenson* (1932), the House of Lords upheld an Inner House decision, establishing the modern law of negligence and the "neighbour principle." The case of *MacCormick v Lord Advocate* (1953) was a foundational challenge concerning the Acts of Union 1707 and parliamentary sovereignty. More recently, in *Salvesen v Riddell* (2013), the court dealt with complex issues of agricultural tenancy and human rights, leading to an appeal to the Supreme Court of the United Kingdom. Other significant rulings have involved commercial law, judicial review of Acts of the Scottish Parliament, and constitutional matters following the Scottish devolution referendum.

Category:Scottish courts