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Court of Session
| Court of Session | |
|---|---|
.svg) Royal Coat of Arms of the United Kingdom as used by the courts in Scotland | |
| Established | 1532 |
| Location | Edinburgh, Scotland |
| Composition method | Executive selection from practising lawyers and judges[1] |
| Authorised by | |
| Appeals to | UK Supreme Court[2] |
| Appeals from |
|
| Website | scotcourts.gov.uk |
| Lord President | |
| Currently | Lord Carloway |
| Since | 19 December 2015 |
The Court of Session[a] is the highest national court of Scotland in civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union establishing the United Kingdom provided that the court will "remain in all time coming".
Cases at first instance are heard in the Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House since 1707.[3] The Scottish Courts and Tribunals Service and the Principal Clerk administers the court and judges.
Decisions of the court are subject to review by the European Court of Human Rights and on appeal, the UK Supreme Court can overturn them altogether. These courts lie outwith Scotland and so the Court of Session is the supreme court of Scotland for civil cases. Early judges of the court recorded their decisions and codified the law at a time early in the development of Scots law,[4] leading to the development and distinct character of Scots law.[5] In modern times, the court has ruled on issues of public importance and proceedings of its Inner House have been streamed and recorded since 2023.[6] The court now hears cases from any part of Scotland on any issue, other than criminal cases, which belong to its sister court, the High Court of Justiciary.
Judges are termed Lords of Council and Session and appointed simultaneously to the College of Justice and the High Court of Justiciary. Their number is fixed by statute, currently to 37, although a number of temporary judges assist the court with its workload. The court is led by the Lord President of the Court of Session who also heads the Scottish judiciary.[7]
- ^ "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.
- ^ "Role of the Supreme Court". Supreme Court of the United Kingdom. Archived from the original on 14 February 2021. Retrieved 2 September 2009.
- ^ "Parliament Hall". Scottish Parliament. Archived from the original on 25 September 2010. Retrieved 18 July 2010.
- ^ Chalmers, David. "Introduction". In Coutts, Winifred; Goodare, Julian; Simpson, Andrew R.C. (eds.). Chalmers: Compendium of the Laws of Scotland. Edinburgh: The Stair Society. p. 1.
The book edited below, completed in 1566, is the first comprehensive survey of Scots law. It gathers and summarises a large number of laws from various different sources… The author… was a judge [of the Court of Session]… He wrote the book principally for the use of other judges and advocates in the court.
- ^ Smith, J Irvine (1958). "The Transition to the Modern Law, 1532–1660". An Introduction to Scottish Legal History. Vol. 20. The Stair Society. p. 30.
{{cite book}}:|work=ignored (help) - ^ Cowan, David (27 June 2023). "Court of Session streaming service goes live". BBC News.
- ^ Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
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