Court of Session Act 1988

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In section 40 the words from the beginning to “in the interlocutor” and from “and further” to “of the case” but only in relation to proofs in sheriff courts. 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. Restoration of possession and specific performance.: The Court may, on application by summary petition— The Lord President is the president of the First Division, and the Lord Justice Clerk is the president of the Second Division.

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. Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, Office of Public Sector Information, vol.1988, no.36, p.V, archived from the original on 14 February 2021 , retrieved 23 November 2007 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. 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. [50] Structure [ edit ] 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 Houses and Lords Ordinary [ edit ] 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 ]

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Lord Advocate to sue and be sued on behalf of the Crown.: Except where any enactment otherwise provides, all exchequer causes brought— Reid, Kenneth (2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7. 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. [85] The Principal Clerk is responsible for the administration of the Supreme Courts of Scotland and their associated staff. As of June 2018, the Principal Clerk is Gillian Prentice. [86] See also [ edit ] Thomson, Stephen (2015). The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland . Edinburgh: Avizandum. The 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.

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. [51] Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. [52] [53] [54]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] 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. White, J. R. C. (1981). "A Brief Excursion into the Scottish Legal System". Holdsworth Law Review. University of Birmingham. 6 (2): 155–161. Archived from the original on 14 February 2021 . Retrieved 14 February 2021.