Inner House of the Court of Session
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| Inner House of the Court of Session | |
|---|---|
 | |
| Court name | Inner House of the Court of Session |
| Established | 1532 |
| Country | Scotland |
| Location | Edinburgh |
| Authority | Court of Session Act 1988 |
| Appeals to | Supreme Court of the United Kingdom |
| Chief judge title | Lord President of the Court of Session |
Inner House of the Court of Session
The Inner House is the appellate division of Scotland's supreme civil court, sitting in Edinburgh and exercising appellate jurisdiction over civil and some public law matters. It operates within the Court of Session alongside the Outer House and interacts with institutions such as the Supreme Court of the United Kingdom, the High Court of Justiciary, and the Scottish Government legal offices. The chamber hears civil appeals and references, shaping Scots private law through precedent and engaging with legal actors including the Faculty of Advocates, the Scottish Law Commission, and the Judicial Appointments Board for Scotland.
History
The Inner House traces its origins to the establishment of the College of Justice under James V and James II of Scotland and evolved through legal milestones such as the Acts of Union 1707 and reforms in the 19th and 20th centuries. Influential figures like Andrew Fletcher, Lord Milton, Lord President Dundas, and Lord Advocate Robert Dundas contributed to early procedural form. The Jacobite Risings and the aftermath of the Battle of Culloden affected Scottish institutions including the court, while legislative reforms in the Victorian era under William Ewart Gladstone and judicial reforms influenced by jurists such as Henry Dundas reshaped appellate structures. Twentieth‑century developments involved statutes like the Administration of Justice (Scotland) Act and interactions with the European Court of Human Rights and the Court of Justice of the European Union before and after devolution following the establishment of the Scottish Parliament and the Scottish Executive.
Composition and Appointment
The Inner House comprises Senators of the College of Justice appointed as Lords or Ladies of Council and Session, including the Lord President and the Lord Justice Clerk. Appointments have been made historically from advocates of the Faculty of Advocates, sheriffs from the Sheriff Courts, and academics from universities such as the University of Edinburgh, University of Glasgow, University of Aberdeen, and University of St Andrews. The Judicial Appointments Board for Scotland recommends candidates, with formal appointment by the Monarch of the United Kingdom on the advice of the Prime Minister of the United Kingdom and the First Minister of Scotland. Notable appointees have included figures associated with institutions like the Royal Society of Edinburgh, the Incorporated Law Society of Scotland, and legal offices such as the Crown Office and Procurator Fiscal Service and the Advocate General for Scotland.
Jurisdiction and Function
The Inner House exercises appellate jurisdiction over civil matters including contract, delict, property, succession, family law and commercial disputes, and handles references under statutes such as the Court of Session Act 1988. It determines points of Scots law that interact with domestic statutes such as the Law Reform (Miscellaneous Provisions) Act and international instruments including cases engaging the European Convention on Human Rights and decisions of the European Court of Human Rights. The Inner House also hears appeals from tribunals like the Employment Appeal Tribunal and the Upper Tribunal (Administrative Appeals Chamber), and engages with the Supreme Court of the United Kingdom on devolution and human rights issues, while remaining distinct from criminal jurisdiction exercised by the High Court of Justiciary.
Procedure and Practice
Appeals to the Inner House are typically heard by benches of three or more Senators, with procedural rules influenced by historic precedents and modern rules such as the Rules of the Court of Session. Practitioners include members of the Faculty of Advocates, solicitors from firms like those in the Law Society of Scotland membership, and counsel instructed through agents and clerks. Cases often involve written pleadings, notes of argument, and the use of authorities including reported decisions in law reports such as the Session Cases, Scots Law Times, and the Scots Law Reporter. The Inner House sits in forms derived from chambers of the Royal Courts of Justice and employs interlocutors and judgments that are cited in subsequent appeals to courts including the Supreme Court of the United Kingdom and referenced by bodies like the Scottish Law Commission.
Notable Decisions
The Inner House has delivered decisions affecting property rights, contract law, human rights, and administrative law, with judgments cited across jurisdictions. Landmark decisions have involved parties and contexts linked to institutions such as the National Health Service (Scotland), Scottish Ministers, local authorities like Edinburgh City Council and Glasgow City Council, and corporations regulated under statutes like the Companies Act and financial regulators including the Financial Conduct Authority. Cases engaging human rights and devolution have brought the court into dialogue with the Supreme Court of the United Kingdom, the European Court of Human Rights, and statutory schemes from the Civil Aviation Authority to the Health and Safety Executive. Prominent judges from the Inner House have influenced development of Scots law alongside academics from the Edinburgh Law School, Glasgow School of Law, and commentators publishing in journals such as the Scottish Law Review.
Relationship with Other Courts
The Inner House interacts with the Outer House as part of the Court of Session, with appeals from the Outer House proceeding to the Inner House and, in some instances, from the Inner House to the Supreme Court of the United Kingdom. It coexists with criminal appellate jurisdiction in the High Court of Justiciary, shares interlocutory overlap with the Sheriff Appeal Court and the Scottish tribunals system, and coordinates with appellate institutions like the Court of Appeal of England and Wales and the Privy Council historically on certain matters. The court's decisions inform legislative reform debated in the Scottish Parliament and inquiries by bodies such as the Public Audit Committee and engage with legal scholarship from centres like the Institute of Advanced Legal Studies and the Max Planck Institute for Comparative and International Private Law.