Court of Session


For other uses, see Court of Session (disambiguation).






























Court of Session

Scottish Gaelic: Cùirt an t-Seisein

Royal Coat of Arms of the United Kingdom (Government in Scotland).svg
Royal Coat of Arms of the United Kingdom as used by the Courts in Scotland

Established1532; 487 years ago (1532)
CountryScotland
Location
Parliament House, Edinburgh
Coordinates
55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191Coordinates: 55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191
Composition methodJudges are appointed by the monarch on the recommendation of the First Minister, who receives recommendations from the Judicial Appointments Board for Scotland[1]
Authorized by
  • College of Justice Act 1532

  • Court of Session Act 1988

  • Courts Reform (Scotland) Act 2014

Decisions are appealed to
Supreme Court of the United Kingdom[2]
Judge term lengthMandatory retirement at age of 75

No. of positions		35[3]
Websitewww.scotcourts.gov.uk
Lord President
CurrentlyLord Carloway
Since19 December 2015
Lord Justice Clerk
CurrentlyLady Dorrian
Since13 April 2016






Part of a series on
Scots law
Royal Coat of Arms of the United Kingdom (Scotland).svg




Civil courts



  • Court of Session
    • Lord President

    • Lord Justice Clerk

    • Lord of Session

    • Office of the Accountant of Court

    • Acts of Sederunt



  • Sheriff Court
    • Sheriff Appeal Court

    • Sheriff Principal

    • Sheriff Personal Injury Court

    • Sheriff












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The Court of Session (Scottish Gaelic: Cùirt an t-Seisein; Scots: Coort o Session) is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the Court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the pursuer is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.


The court is a unitary collegiate court, with all judges other than the Lord President of the Court of Session 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. The Lord Lord President is chief justice of the Court, and also head of the judiciary of Scotland; the Lord Justice Clerk is his deputy. There are 35 Senators, in addition to a number of temporary judges; these temporary judges are typically serving sheriffs and sheriffs principal, or advocates in private practice. The Senators sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice General, and Senators are known as Lords Commissioners of Justiciary.


The Court is divided into the Inner House of 12 Senators, which is primarily an appeal court, and the Outer House, which is primarily a court of first instance. The Inner House is further divided into 2 divisions of 6 Senators: the 1st Division is presided over by the Lord President, and the 2nd Division is presided over by the Lord Justice Clerk. Cases in the Inner House are normally heard before a bench of 3 Senators, through more complex or importance cases are presided over by 5 Senators. On very rare occasions the whole Inner House has presided over a case. Cases in the Outer House are heard by a single Senator sitting as a Lord Ordinary, occasionally with a jury of twelve.


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.


The Court was established in 1532 by an Act of the Parliament of Scotland, and was initially presided over by the Lord Chancellor of Scotland and had equal numbers of clergy and laity. The judges were all appointed from the King's Council.


As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016.




Contents





  • 1 History

    • 1.1 Establishment


    • 1.2 Courts Act 1672


    • 1.3 Treaty of Union


    • 1.4 19th Century

      • 1.4.1 Court of Session Act 1810


      • 1.4.2 Judicial remuneration


      • 1.4.3 Unification of supreme courts judiciary




  • 2 Remit and jurisdiction

    • 2.1 Civil cases


    • 2.2 Exchequer cases


    • 2.3 Admiralty cases


    • 2.4 Nobile officium


    • 2.5 Appellate jurisdiction


    • 2.6 Legal aid


    • 2.7 Oath of Allegiance


    • 2.8 Acts of Sederunt



  • 3 Structure

    • 3.1 Houses and Lords Ordinary


    • 3.2 Inner House


    • 3.3 Outer House


    • 3.4 Lands Valuation Appeal Court



  • 4 Rights of audience


  • 5 Judges and office holders

    • 5.1 Appointment


    • 5.2 Removal from office


    • 5.3 Lord President


    • 5.4 Lord Justice Clerk


    • 5.5 Inner House


    • 5.6 Outer House


    • 5.7 Principal Clerk of Session and Justiciary



  • 6 See also


  • 7 Notes


  • 8 References


  • 9 Further reading


  • 10 External links




History



Establishment




Entrance to the Law Courts, Parliament Square


The Lords of Council and Session had previously been part of the King's Council,[4][5] but after receiving support in the form of a papal bull of 1531, King James V established a separate institution—the College of Justice or Court of Session—in 1532, with a structure based on that of the Parlement of Paris. The Lord Chancellor of Scotland was to preside over the court, which was to be composed of fifteen lords appointed from the King's Council.[6][7][8] Seven of the lords had to be churchmen, while another seven had to be laymen.[9] An Act of Parliament in 1640 restricted membership of the Court to laymen only, by withdrawing the right of churchmen to sit in judgement.[10] The number of laymen was increased to maintain the number of Lords in the Court.



Courts Act 1672


The Courts Act 1672 allowed for five of the Lords of Session to be appointed as Lords Commissioners of Justiciary, and as such becomes judges of the High Court of Justiciary. The High Court of Justiciary is the supreme criminal court of Scotland. Previously the Lord Justice General, the president of the High Court, had appointed deputes to preside in his absence.[11] From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, and five Lords of Session.[12]



Treaty of Union


The Court of Session is explicitly preserved "in all time coming" in Article XIX of the Treaty of Union between England and Scotland, subsequently passed into legislation by the Acts of Union in 1706 and 1707 respectively.[13]



19th Century



Court of Session Act 1810


Several significant changes were made to the Court during the 19th century, with the Court of Session Act 1810 formally dividing the Court of Session into the Outer House (with first-instance jurisdiction before a Lord Ordinary) and Inner House (with appellate jurisdiction.)[14] Cases in the Outer House were to be heard by Lords Ordinary who either sat alone or with a jury of twelve. Cases in the Inner House were to be heard by three Lords of Council and Session, but significant or complicated cases were to be heard by five or more judges.[15] A further separation was made in 1815, by the Jury Trials (Scotland) Act 1815, with the creation of a lesser Jury Court to allow certain civil cases to be tried by jury.[16] In 1830 the Jury Court, along with the Admiralty and Commissary Courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830.[9]



Judicial remuneration


In 1834 the remuneration and working conditions was a matter of public discussion and debate in the House of Commons. On 6 May 1834 Sir George Sinclair addressed the House of Commons to plead for an increase in the salaries for the Senators, noting that "a Civil Judge in the Supreme Court in Scotland received only £2,000" and the masters in the Court of Chancery were paid £2,500.[17][note 1] A Select Committee was appointed to investigate the matter.[18]


In October 1834, The Spectator reported on the conflicting views around the remuneration and working conditions of the judges of the Court of Session, with conflicting views being presented in response to the Report on the Scotch Judges' Salaries. The Spectator reported the arguments made by Sir William Rae, Lord Advocate, that the judges of the Court of Session had considerably duties, which he listed as:[19]


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On those thirteen are now devolved, first, all the duties that occur in the Court of Chancery in England ; second, all the duties that occur in the courts of Common Law in England, in civil matters; third, all the duties that devolve on the courts of Common Law in England as connected with criminal matters, including a large portion of those done in Quarter-sessions, inasmuch as the Sheriffs, who are the next in rank to the Justiciary Judges, are held incompetent to try any case when the punishment amounts to that of transportation ; fourth, all the duties of the Court of Exchequer, (the remaining Judges of that Court having by a subsequent act been abolished); fifth, all the duties connected with bankruptcy; sixth, a set of duties unknown in England, connected with the valuation and sale of tithes, and the augmentation of ministers' stipends out of the tithes—the tribunal for disposing of such matters it known by the name of the Teind Court ; seventh, the duties connected with the Court of Admiralty, and the duties connected with the Consistorial Courts.


— Sir William Rae, Evidence to Select Committee on Judges' Salaries (Scotland)


The Select Committee's Report recommended that the salaries of the Lord President, Lord Justice Clerk and remaining Senators should be increased, and also recommended that all Senators should become Lords Commissioners of Justiciary. The recommended salaries were:[18]


  • Lord President: increase from £4,300 to £5,300

  • Lord Justice Clerk: increase from £4,000 to £5,000

  • Senator: increase from £2,000 to £3,000

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


In 1887 all of the Lords of Session were made Lords Commissioners of Justiciary, and thus judges of the High Court of Justiciary, following the passage of the Criminal Procedure (Scotland) Act 1887.[20]



Remit and jurisdiction



Civil cases


The Court of Session is the supreme civil court of Scotland,[21] and it shares concurrent jurisdiction with the local sheriff courts over all cases with a value of more than £100,000 (including personal injury claims.) Where a choice of jurisdiction exists between the Court of Session and the sheriff courts, including the Sheriff Personal Injury Court, it is for the pursuer to decide which court to raise the action in.[22] The Court sits in Parliament House in Edinburgh and is both a trial court and a court of appeal.[23]



Exchequer cases


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


The Court of Session is also the admiralty court for Scotland,[27] having been given the duties of that court by the provisions of the Court of Session Act 1830.[28] The boundaries of the jurisdiction of the Court of Session in maritime cases were in 1999 by an Order in Council: the Scottish Adjacent Waters Boundaries Order 1999.[29]



Nobile officium


The jurisdiction of the Court of Session extends beyond statutory and common law powers, with the Court having an equitable and inherent jurisdiction called the nobile officium.[30] The nobile officium enables the Court to provide a legal remedy where statute or the common law are silent, and prevent mistakes in procedure or practice that would lead to injustice. The exercise of this power is limited by adherence to precedent, and when legislation or the common law already specify the relevant remedy. Thus, the Court cannot set aside a statutory power, but can deal with situations where the law is silent, or where there is an omission in statute. Such an omission is sometimes termed a casus improvisus.[31][32]


The nobile officium was used to implement recognition of an order of the High Court of Justice of England and Wales for the placement of children in secure accommodation in Scotland, in the case of Cumbria County Council, Petitioners [2016] CSIH 92. An application was made to the Court of Session under the nobile officium by Cumbria County Council, Stockport Metropolitan Council, and Blackpool Borough Council on behalf of 4 children. There was insufficient accommodation in England to house the children, so the Councils sought to place them in suitable Scottish accommodation. However, legislation was silent on the cross-border jurisdiction of such orders as made by the High Court of Justice. Nonetheless, equivalent orders made by a Scottish court were enforceable in England and Wales. Thus, the Court of Session found, using its inherent powers, that the orders could be applied as though they had been issued by the Court of Session itself.[33][31]



Appellate jurisdiction


Appeals in the Court of Session are generally heard by the Inner House before three judges, although in important cases in which there is a conflict of authority a court of five judges or, exceptionally, seven, may be convened. The Inner House is sub-divided into two divisions of equal authority and jurisdiction - the First Division, headed by the Lord President; and the Second Division headed by the Lord Justice Clerk. The courts to hear each case are, ordinarily, drawn from these divisions.[34][35] When neither is available to chair a hearing, an Extra Division of three Senators is summoned, chaired by the most senior judge present; due to pressure of business this Extra Division sits frequently nowadays.[36]


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.[37] 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:[38]




...the rationale for the establishment of the Sheriff Appeal Court, that it will deal with virtually all civil appeals from the sheriff court because these do not merit the attention of Inner House judges except in very exceptional cases. This will free up Inner House judges to deal with more complex matters.


— Paragraph 133, Policy Memorandum, Courts Reform (Scotland) Bill, Scottish Government[39]



Legal aid


Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.[40]



Oath of Allegiance


The Oath of Allegiance is taken by holders of political office in Scotland before the Lord President of the Court of Session at a meeting of the court.[41]



Acts of Sederunt


Civil procedure in Scotland is regulated by the Court of Session through Acts of Sederunt, which are subordinate legislation and take legal force as Scottish Statutory Instruments. The power to enact Acts of Sederunt is granted by the Courts Reform (Scotland) Act 2014 and the Tribunals (Scotland) Act 2014, which replaced powers regulated by the Court of Session Act 1988 and the Sheriff Courts (Scotland) Act 1971.[42][43][38][44] These are generally incorporated into the Rules of Court, which are published by the Scottish Courts and Tribunals Service and form the basis for Scots civil procedure.[45]


Acts of Sederunt regulate civil procedure in the Court of Session, the sheriff courts of Scotland (including the Sheriff Appeal Court and Sheriff Personal Injury Court), and in the tribunals of Scotland. The Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover. Rules for regulating civil procedure are decided upon by the Scottish Civil Justice Council before being presented to the Lords of Session for decision; the Lords of Session may approve, amend or reject the rules so presented.[46][47]


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.[48]



Structure




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


The Court of Session constitutes part of the College of Justice, and is divided into two houses. The Lords Ordinary sit in the Outer House, and usually singly. The Lords of Council and Session sit in the Inner House, typically in threes. The nature of cases referred to the Court of Session will determine which house that case shall be heard in.



Inner House


Main article: 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.[49]Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.[50][51][52]


The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House[53] and of civil cases from the Sheriff Courts, the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland.[54] The Inner House always sits as a panel of at least three Senators and with no jury.[55]


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).



Outer House


Main article: Outer House

The Outer House is a court of first instance, although some statutory appeals are remitted to it by the Inner House. Such appeals are originally referred from the sheriff courts, the court of first instance for civil causes in the court system of Scotland. Judges in the Outer House are referred to as Lord or Lady [name], or as Lord Ordinary. The Outer House is superficially similar to the High Court in England and Wales,[56] and in this house judges sit singly—and with a jury of twelve in personal injury or defamation actions.[23]Subject-matter jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute, and it shares much of this jurisdiction with the Sheriff courts.[57] Some classes of cases, such as intellectual property disputes, are heard by an individual judge designated by the Lord President as the jurist for intellectual property cases.[58]


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.[59]



Lands Valuation Appeal Court


The Lands Valuation Appeal Court is a Scottish civil court, composed of 3 Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879.[60] It hears cases where the decision of a local Valuation Appeal Committee is disputed.[61] 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.[62]



Rights of audience


Members of the Faculty of Advocates, known as advocates or counsel, and as of 1990 also some solicitors, known as solicitor-advocates, have practically exclusive right of audience rights of audience in the court.[63]Barristers from England and Wales have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal)[64] and again in 2015 (over an appeal from a tax tribunal)[65] when barristers recognised by the General Council of the Bar were denied the right to take an appeal on behalf of clients they had represented at tribunal.



Judges and office holders


Main article: Senators of the College of Justice

The court's president is the Lord President, the second most senior judge is the Lord Justice Clerk, with a further 33 Senators of the College of Justice holding office as Lords of Council and Session. The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, and subject to amendment by Order in Council.[66][3] Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75.[67]


Temporary judges can also be appointed.


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,[68] 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.[69][70]



Appointment


To be eligible for appointment as a Senator, or temporary judge, a person must have served at least 5 years as sheriff or sheriff principal, been an advocate for 5 years, a solicitor with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a Writer to the Signet for 10 years (having passed the exam in civil law at least 2 years before application.)[71][72]
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).[73] Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers.[66]



Removal from office


The Lord President, Lord Justice Clerk and other Senators can be removed office after a tribunal has been convened to examine their fitness for office. The tribunal is convened on the request of the Lord President, or in other circumstances that the First Minister sees fit. However, the First Minister must consult the Lord President (for all other judges) and the Lord Justice Clerk (when the Lord President is under investigation.) Should the tribunal recommend their dismissal the Scottish Parliament can resolve that the First Minister make a recommendation to the Monarch.[74][75]



Lord President


Main article: Lord President of the Court of Session

The Lord President is the most senior judge of the Court of Session, and is also president of the 1st Division of the Inner House.



Lord Justice Clerk


Main article: Lord Justice Clerk

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 Court of Session Act 1988, when enacted, limited the number of Senators of the College of Justice (aside from the Chairman of the Scottish Land Court, who ranks as a Senator) to 34.[76] This was subsequently increased to 35 by The Maximum Number of Judges (Scotland) Order 2016, enacted by the Scottish Ministers.[3]



Inner House


The Lord President is the president of the First Division, and the Lord Justice Clerk is the president of the Second Division. The puisne judges are limited to five assigned to each of those two divisions.[77]










































































SenatorMandatory retirementInner House appointmentOuter House appointmentDivision
1
The Rt Hon. Lord Carloway (Lord President of the Court of Session
and Lord Justice General)		20 May 2024August 2008February 2000
First
2
The Rt Hon. Lady Dorrian (Lord Justice Clerk)		16 June 2027November 20122005
Second
3The Rt Hon. Lady Paton2022April 2007January 2000
Second
4The Rt Hon. Lord Menzies28 August 2023February 20122001
First
5The Rt Hon. Lady Smith16 March 2025November 20122001
First
6The Rt Hon. Lord Brodie14 July 2020November 20122002
First
7The Rt Hon. Lord Drummond Young17 February 2020June 20132001
Second
8
The Rt Hon. The Lady Clark of Calton PC
26 February 20191 October 20132006
First
9The Rt Hon. Lord Malcolm1 October 20231 July 20142007
Second
10The Rt Hon. Lord Glennie3 December 2020July 20162005
First
11The Rt Hon. Lord Turnbull1 October 2023September 20162006
Second


Outer House






































































































SenatorMandatory retirementAppointment
13The Hon. Lord Kinclaven2 June 2021
2005
14The Hon. Lord Brailsford16 August 2024
2006
15The Hon. Lord Uist1 February 2021
April 2006
16The Hon. Lord Matthews4 December 2028
2007
17The Hon. Lord Woolman16 May 2023
March 2008
18
The Hon. Lord Pentland (Chair of the
Scottish Law Commission)		11 March 2027
November 2008
19The Hon. Lord Bannatyne
November 2008
20The Hon. Lady Stacey25 May 2024
January 2009
21The Hon. Lord Tyre17 April 2026
May 2010
22The Hon. Lord Doherty30 January 2028
May 2010
23
The Rt Hon. The Lord Boyd of Duncansby PC
7 June 2023
26 June 2012
24The Hon. Lord Burns2022
12 July 2012
25The Hon. Lady Scott2030
2 November 2012
26The Hon. Lady Wise2033
6 February 2013
27The Hon. Lord Armstrong
15 February 2013
28The Hon. Lady Rae20 June 2020
14 January 2014
29The Hon. Lady Wolffe
11 March 2014
30The Hon. Lord Beckett
17 May 2016
31The Hon. Lord Clark
24 May 2016
32The Hon. Lord Ericht2033
31 May 2016
33The Hon. Lady Carmichael2039
30 June 2016
34The Rt. Hon. Lord Mulholland18 April 2029
15 December 2016
35The Hon. Lord Summers
17 March 2017
36The Hon. Lord Arthurson
17 March 2017




Principal Clerk of Session and Justiciary


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.[78] 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.[79]



See also


  • Bill Chamber

  • Office of the Accountant of Court

  • List of Senators of the College of Justice

  • Historic List of Senators of the College of Justice

  • List of Leading Scottish Legal Cases


Notes




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References




  1. ^ "Judicial Appointments – How are judges appointed?". Judiciary of Scotland. Edinburgh: Judicial Office for Scotland. Retrieved 27 May 2012.


  2. ^ ab "Role of the Supreme Court". Supreme Court of the United Kingdom. Retrieved 2009-09-02.


  3. ^ abc Scottish Parliament. The Maximum Number of Judges (Scotland) Order 2016 as made, from legislation.gov.uk.


  4. ^ Finlay, John (2007). Men of Law in Pre-Reformation Scotland. Scottish Historical Review. East Linton: Tuckwell Press. ISBN 978-1-86232-165-6.


  5. ^ Smith, Thomas Broun (1961). British justice: the Scottish contribution. London: Stevens & Sons. p. 54.


  6. ^ "College of Justice Act 1532 (as enacted)". Records of the Parliament of Scotland. University of St Andrews. APS ii 335 (c. 2). 17 May 1532. Retrieved 8 May 2017.


  7. ^ "College of Justice Act 1532 (as amended)". Acts of the Parliament of Scotland. The National Archives. APS ii 335 (c. 2). 17 May 1532. Retrieved 8 May 2017.


  8. ^ 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. Retrieved 2009-11-07.


  9. ^ ab Shand, Charles Farquhar; Darling, James Johnston (1848). "Chapter I. Of the institution of the Court". The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833. Edinburgh: T. & T. Clark.


  10. ^ 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.


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  21. ^ "Courts and the Legal System – Civil Courts". Scottish Government. April 2003. Retrieved 2009-11-06.


  22. ^ Judicial Office for Scotland. "The Office of Sheriff". www.judicialappointments.scot. Judicial Appointments Board for Scotland. p. 6. Archived from the original (DOC) on 30 December 2016. Retrieved 4 April 2017. 23) A sheriff has exclusive competence to deal with civil proceedings where the total value of the orders sought does not exceed £100,000.


  23. ^ abc "Court of Session – Introduction". Scottish Court Service. Retrieved 2007-11-23.


  24. ^ "Exchequer Court (Scotland) Act 1856", Acts of the Parliament of the United Kingdom, UK Statute Law Database, 1856 (56), p. 1, retrieved 2009-09-02, The whole power, authority, and jurisdiction at present belonging to the Court of Exchequer in Scotland, as at present constituted, shall be transferred to and vested in the Court of Session, and the Court of Session shall be also the Court of Exchequer in Scotland.


  25. ^ "Section 3,Court of Session Act 1988", Acts of the United Kingdom Parliament, Office of Public Sector Information, 1988 (36), p. I(3), retrieved 2007-11-20, 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


  26. ^ "Chapter 48, Rules of the Court of Session". Scottish Court Service. Archived from the original on 2008-03-21. Retrieved 2007-11-20. Exchequer causes


  27. ^ "Section 21, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, 69, p. 21, 1830-06-23, retrieved 2009-08-31, the Court of Session shall hold and exercise original jurisdiction in all maritime civil causes and proceedings of the same nature and extent in all respects as that held and exercised in regard to such causes by the High Court of Admiralty before the passing of this Act


  28. ^ 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. p. 65. Retrieved 2009-11-18.


  29. ^ Statutory Instrument 1999 No. 1126 The Scottish Adjacent Waters Boundaries Order 1999 (Coming into force 13 April 1999)


  30. ^ Thomson, Stephen (2015). The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland. Edinburgh: Avizandum.


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  33. ^ Cumbria County Council, Petitioners, 2016 CSIH 92 (Court of Session, Inner House 19 October 2016).


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Further reading



  • Erskine, John; Mackenzie, George; Ivory, James (1824). An institute of the law of Scotland: in four books : in the order of Sir George Mackenzie's Institutions of that law. Bell & Bradfute.


  • Maidment, James (1839). The Court of session garland. T.G. Stevenson.


  • Burton, John Hill (1847). Manual of the law of Scotland. Oliver & Boyd.


  • 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.


  • Lorimer, James; Bell, Russell (1885). A handbook of the law of Scotland. T. & T. Clark.


  • Donaldson, George (1965). Scotland: James V to James VII. Oliver & Boyd.


External links


  • Scottish Court Service

  • Recent decisions of the Court of Session

  • Faculty of Advocates

  • Jurisdiction of the Court of Session

  • Scottish Legal Aid Board








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