Court of Session facts for kids
Quick facts for kids Court of Session |
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| Coort o Session (Scots) Cùirt an t-Seisein (Scots Gaelic) |
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Royal Coat of Arms of the United Kingdom as used by the courts in Scotland
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| Established | 1532 |
| Country | Scotland |
| Location | Parliament House, Edinburgh |
| Coordinates | 55°56′56″N 3°11′28″W / 55.949°N 3.191°W |
| Composition method | Judges are appointed by the monarch on the recommendation of the First Minister, who receives recommendations from the Judicial Appointments Board for Scotland |
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| Decisions are appealed to | Supreme Court of the United Kingdom |
| Judge term length | Mandatory retirement at age of 75 |
| Number of positions | 35 |
| Lord President | |
| Currently | Lord Carloway |
| Since | 19 December 2015 |
| Lord Justice Clerk | |
| Currently | Lady Dorrian |
| Since | 13 April 2016 |
| Court of Session Act 1988 | |
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| Act of Parliament | |
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| Long title | An Act to consolidate, with amendments to give effect to recommendations of the Scottish Law Commission, certain enactments relating to the constitution, administration and procedure of the Court of Session and procedure on appeal therefrom to the House of Lords; and to repeal, in accordance with recommendations of the Scottish Law Commission, certain enactments relating to the aforesaid matters which are no longer of practical utility. |
| Citation | 1988 c. 36 |
| Dates | |
| Royal assent | 29 July 1988 |
| Other legislation | |
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Status: Current legislation
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| Text of statute as originally enacted | |
| Text of the Court of Session Act 1988 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Court of Session (Scottish Gaelic: Cùirt an t-Seisein) is Scotland's main civil court. It handles disagreements between people or groups, like arguments over money or contracts. It's part of the College of Justice, which is a group of important courts in Scotland. The main criminal court in Scotland is different; it's called the High Court of Justiciary.
The Court of Session is located in Parliament House in Edinburgh. It acts as both a court where cases are heard for the first time (a trial court) and a court where decisions can be reviewed (a court of appeal). If someone disagrees with a decision made here, they can ask the Supreme Court of the United Kingdom to review it.
The Court of Session and local sheriff courts can both hear civil cases involving more than £100,000. The person starting the case usually chooses which court to use. However, most big or complicated cases go to the Court of Session. Sometimes, cases from sheriff courts can even be moved to the Court of Session. People who don't have much money can get legal aid to help pay for their cases in the Court of Session.
The court has many judges, but most of them have the same title: Senator of the College of Justice or Lord or Lady of Council and Session. The main judge is called the Lord President of the Court of Session, who is also the head of all judges in Scotland. The second most important judge is the Lord Justice Clerk. There are 35 judges, plus some temporary judges who might be sheriffs or lawyers. These judges also work in the High Court of Justiciary, where the Lord President is known as the Lord Justice General.
The court is split into two main parts: the Inner House and the Outer House. The Inner House mostly handles appeals, while the Outer House hears cases for the first time. The Inner House has two sections, each with six judges. Important cases in the Inner House are usually heard by three or five judges. In the Outer House, cases are heard by a single judge, sometimes with a jury of twelve people.
The Scottish Courts and Tribunals Service manages the court. The most senior clerk, called the Principal Clerk of Session and Justiciary, is in charge of all court staff and also helps run the High Court of Justiciary. The Court of Session was created in 1532 by an Act of the Parliament of Scotland.
As of May 2017, the Lord President was Lord Carloway, and the Lord Justice Clerk was Lady Dorrian.
Contents
History of the Court
How the Court Started
Before the Court of Session, a group called the Lords of Council and Session were part of the King's Council. But in 1532, King James V created a separate court called the College of Justice, or Court of Session. This new court was set up like the important courts in Paris, France.
The Lord Chancellor of Scotland was in charge of the court. It had fifteen lords (judges) chosen from the King's Council. Seven of these lords had to be churchmen (like priests), and seven had to be laymen (people who were not churchmen). In 1640, a new law said that only laymen could be judges, and the number of laymen was increased.
Changes in the 17th Century
In 1672, a law called the Courts Act allowed five of the Court of Session judges to also become judges for the High Court of Justiciary, which is Scotland's top criminal court. Before this, the head of the High Court had to appoint temporary judges. From 1672 to 1887, the High Court included the Lord Justice General, the Lord Justice Clerk, and five judges from the Court of Session.
Staying Strong After the Union
When England and Scotland joined to form Great Britain with the Treaty of Union in 1707, the Court of Session was specifically kept in place. Article XIX of the Treaty said it would continue "in all time coming," meaning forever.
The 19th Century: Big Changes
Dividing the Court (1810)
The 19th century brought many changes to the court. In 1810, the Court of Session Act 1810 officially split the Court of Session into the Outer House and the Inner House. The Outer House would hear cases for the first time, often with a single judge or a jury. The Inner House would handle appeals, with three or more judges.
Later, in 1815, a special Jury Court was created to allow some civil cases to be decided by a jury. However, in 1830, this Jury Court, along with other special courts, was merged into the Court of Session.
Judges' Salaries and Work (1834)
In 1834, there was a lot of talk about how much the judges were paid and how much they worked. Some people, like Sir George Sinclair, argued that Scottish judges earned less than judges in England. A special committee was set up to look into it.
Sir William Rae, a top lawyer, explained that the judges of the Court of Session had many important duties. He said they handled tasks similar to several different courts in England, including civil law, criminal law, bankruptcy, and even cases about church payments.
The committee suggested increasing the judges' salaries. For example, the Lord President's salary was recommended to go from £4,300 to £5,300. However, some people, like the newspaper The Spectator, criticized the judges. They pointed out that judges had seven months of vacation each year and that justice was too expensive for poor people in Scotland.
All Judges Become Criminal Judges (1887)
In 1887, a new law called the Criminal Procedure (Scotland) Act made all judges of the Court of Session also judges of the High Court of Justiciary. This meant they could hear both civil and criminal cases.
What the Court Does
Civil Cases
The Court of Session is Scotland's highest civil court. It shares the power to hear cases with local sheriff courts, especially for cases worth more than £100,000. This includes claims for personal injuries. If a case can be heard in either court, the person bringing the case decides where to start. The court is in Edinburgh and acts as both a trial court and an appeal court.
Tax Cases
The Court of Session also acts as the tax court for Scotland, called the Court of Exchequer. This job was given to it in 1856. One of the judges in the Outer House handles these tax cases.
Sea-Related Cases
The Court of Session is also Scotland's admiralty court, dealing with cases related to the sea and shipping. This responsibility was added in 1830. The exact areas of sea where the court has power were defined in 1999.
Special Powers: Nobile Officium
The Court of Session has a unique power called the nobile officium. This means the court can find a fair solution even when there isn't a specific law or rule for a situation. It helps prevent unfairness if a procedure has a mistake or if the law is silent. The court can't go against existing laws, but it can fill in gaps.
For example, in 2016, the court used this power to help place children from England in secure homes in Scotland. English courts had ordered the placements, but there was no specific law for cross-border orders like this. The Court of Session used its nobile officium to make the English orders apply in Scotland.
In 2019, this power was discussed when some people asked the court to force the UK Prime Minister to ask for a delay to Brexit if he refused to do so himself. They hoped the court could send the letter on his behalf.
Appeals
Appeals in the Court of Session are usually heard by the Inner House, with three judges. For very important cases, five or even seven judges might hear the appeal. The Inner House has two sections, both with equal power.
Before 2015, civil cases from sheriff courts could be appealed directly to the Inner House. Now, most civil appeals from sheriff courts go to the Sheriff Appeal Court. The Inner House only hears these appeals if they are very important, raise a big legal question, or are very complex. This helps the Inner House focus on the most difficult cases.
Legal Help
If people have low income, they can get legal aid from the Scottish Legal Aid Board to help pay for their cases in the Court of Session.
Taking an Oath
People who hold political office in Scotland take the Oath of Allegiance in front of the Lord President of the Court of Session.
Making Rules for the Court
The Court of Session also makes rules for how civil cases are handled in Scotland. These rules are called Acts of Sederunt. They cover procedures for the Court of Session, sheriff courts, and other tribunals. The court can even change existing laws if they relate to these procedures. A group called the Scottish Civil Justice Council suggests new rules, and the judges of the Court of Session decide whether to approve them.
How the Court is Set Up
The Court of Session is part of the College of Justice. It has two main parts: the Inner House and the Outer House. The type of case determines which part will hear it.
Inner House: Appeals and Special Powers
The Inner House is the more senior part of the Court of Session. It mainly handles appeals from other courts, but it can also hear some cases for the first time. It has a special power called nobile officium, which is like a unique ability to ensure fairness. Criminal appeals in Scotland are handled by a different court, the High Court of Justiciary.
The Inner House acts as an appeal court for cases from the Outer House and civil cases from sheriff courts and other special courts. It always sits with at least three judges and never uses a jury.
Unlike the High Court of Justiciary, decisions from the Inner House can be appealed to the Supreme Court of the United Kingdom. This is allowed if the Court of Session agrees, or if the Inner House's decision was not unanimous.
Outer House: First Hearings
The Outer House is where most civil cases are heard for the first time. Judges in the Outer House are called Lord or Lady [name] or Lord Ordinary. It's similar to the High Court in England and Wales. Judges in the Outer House sit alone, but sometimes a jury of twelve people is used for cases like personal injury or defamation.
The Outer House can hear almost any type of civil case unless a law specifically says it can't. It shares many of these powers with the sheriff courts. Some specific types of cases, like those about intellectual property, are heard by a judge specially chosen for that area.
Final decisions from the Outer House, and some important decisions about how cases are handled, can be appealed to the Inner House. Other decisions can also be appealed if permission is given.
Lands Valuation Appeal Court
The Lands Valuation Appeal Court is a special Scottish civil court. It's made up of three Court of Session judges. This court hears cases when someone disagrees with a decision made by a local Valuation Appeal Committee, which deals with property values.
Who Can Speak in Court
Lawyers called advocates (members of the Faculty of Advocates) and some solicitor-advocates (solicitors with special permission) are usually the only ones allowed to speak in the Court of Session. Lawyers from England and Wales, called barristers, generally cannot speak in this court. This has caused some debate in the past when barristers were not allowed to represent clients in appeals.
Judges and Other Important People
Judges of the Court
The court's main judge is the Lord President. The second most senior judge is the Lord Justice Clerk. There are also 33 other judges called senators of the College of Justice, who are also known as Lords or Ladies of Council and Session. The total number of judges can be changed by a special order. Judges are appointed for life, but they must retire at age 75 and can be removed if they are found unfit for their job.
Temporary judges can also be appointed. These are often sheriffs or private lawyers. All judges, except the Lord President and Lord Justice Clerk, have the same rank. They also serve as judges in the High Court of Justiciary.
Becoming a Judge
To become a judge (senator or temporary judge), a person must have worked for at least five years as a sheriff, a lawyer (advocate), or a solicitor with special permission to speak in the Court of Session or High Court of Justiciary. They could also have been a Writer to the Signet for ten years, after passing a civil law exam.
Judges are chosen by the First Minister of Scotland, who gets recommendations from the Judicial Appointments Board for Scotland. This board has the legal power to suggest who should become a judge. Judges for the Inner House are chosen by the Lord President and Lord Justice Clerk, with the Scottish Government's approval.
Removing a Judge
Judges can be removed from their jobs if a special group (a tribunal) decides they are not fit for office. This tribunal can be set up if the Lord President asks for it, or if the First Minister thinks it's needed. If the tribunal recommends removal, the Scottish Parliament can then ask the First Minister to recommend it to the King or Queen.
The Lord President
The Lord President is the most senior judge in the Court of Session. They are also the head of the First Division of the Inner House.
The Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge. They act as the Lord President's deputy if the Lord President is away or if the position is empty. The Lord Justice Clerk is the head of the Second Division of the Inner House.
Principal Clerk of Session and Justiciary
The Principal Clerk of Session and Justiciary leads the administration of the court, which is part of the Scottish Courts and Tribunals Service. This person is in charge of all the staff who help run the Court of Session and the High Court of Justiciary. As of June 2018, Gillian Prentice held this role.
See also
- Bill Chamber
- Office of the Accountant of Court
- Senators of the College of Justice
- Historic list of senators of the College of Justice
- List of Scottish legal cases
