View source for Court of Session

{{Short description|Supreme civil court of Scotland}}
{{other uses}}
{{Use dmy dates|date=February 2018}}
{{Use British English|date=February 2018}}
{{Infobox court
|court_name       = Court of Session
|image            = [[File:Royal Coat of Arms of the United Kingdom (Government in Scotland).svg|180px]] <br/> Scottish version of the Royal Coat of Arms as used by the Courts in Scotland <br/> [[File:Parliament Square, Edinburgh facing east.jpg|250px]] <br/> [[Parliament House, Edinburgh]] which houses the Court of Session  
|imagesize        = 
|caption          = 
|established = {{start date and age|1532}}
|location = [[Parliament House, Edinburgh|Parliament House]], [[Edinburgh]], Scotland
|type = [[Judicial Appointments Board for Scotland|Executive selection]] from practising lawyers and judges<ref name="JOS">{{cite web|url=http://www.scotland-judiciary.org.uk/64/0/Judicial-Appointments|title=Judicial Appointments – How are judges appointed?|work=Judiciary of Scotland|publisher=Judicial Office for Scotland|access-date=27 May 2012|location=Edinburgh|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201441/https://www.judiciary.scot/|url-status=live}}</ref>
|authority =
{{Unbulleted list
|[http://www.legislation.gov.uk/aosp/1532/2 College of Justice Act 1532]
|[[Acts of Union 1707]]
|[http://www.legislation.gov.uk/ukpga/1988/36/contents Court of Session Act 1988]
|[http://www.legislation.gov.uk/asp/2014/18/contents Courts Reform (Scotland) Act 2014]
}}
|appealsfrom=
{{Unbulleted list
|Its own Outer House
|[[Sheriff court]]s
|Various tribunals
}}
|appealsto = [[Supreme Court of the United Kingdom|UK Supreme Court]]<ref name="Supreme">{{cite web| url=http://www.supremecourt.uk/about/role-of-the-supreme-court.html| title=Role of the Supreme Court| publisher=[[Supreme Court of the United Kingdom]]| access-date=2009-09-02| archive-date=14 February 2021| archive-url=https://web.archive.org/web/20210214201437/https://www.supremecourt.uk/about/role-of-the-supreme-court.html| url-status=live}}</ref>
|website = {{URL|https://www.scotcourts.gov.uk|scotcourts.gov.uk}}
|chiefjudgetitle = [[Lord President of the Court of Session|Lord President]]
|chiefjudgename = [[Paul Cullen, Lord Pentland|Lord Pentland]]
|termstart = 3 February 2025
}}
{{Scots law|expanded=Civil courts}}

The '''Court of Session'''{{efn|{{langx|gd|Cùirt an t-Seisein}}}} is the highest national court of [[Scotland]] in relation to [[Civil law (common law)|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 1707|Acts of Union]] which established the [[Kingdom of Great Britain]] on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separate [[Scots law|legal system]].<ref>{{cite web |title=Articles of Union |url=https://www.parliament.uk/globalassets/documents/heritage/articlesofunion.pdf |website=parliament.uk |access-date=3 June 2025}}</ref> Cases at [[trial court|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, Edinburgh|Parliament House]] since 1707.<ref name="parlsite">{{cite web |url=http://www.scottish.parliament.uk/nmcentre/events/holyroodOpening/h-p-hall.htm |title=Parliament Hall|publisher=Scottish Parliament|access-date=2010-07-18 |url-status=dead |archive-url=https://web.archive.org/web/20100925135440/http://www.scottish.parliament.uk/nmcentre/events/holyroodOpening/h-p-hall.htm |archive-date=25 September 2010 |df=dmy-all }}</ref> The [[Scottish Courts and Tribunals Service]] and the [[Principal Clerk of Session and Justiciary|Principal Clerk]] administers the court and judges.

Decisions of the court are subject to review by both the [[Supreme Court of the United Kingdom|UK Supreme Court]] and the [[European Court of Human Rights]] and on appeal, the [[Supreme Court of the United Kingdom|UK Supreme Court]] can overturn them altogether. Early judges of the court recorded their decisions and codified the law at a time early in the development of Scots law,<ref>{{cite book |last1=Chalmers |first1=David |author-link1=David Chalmers, Lord Ormond |title=Chalmers: Compendium of the Laws of Scotland |chapter=Introduction |editor-last=Coutts |editor-first=Winifred |editor2-last=Goodare |editor2-first=Julian |editor3-last=Simpson |editor3-first=Andrew R.C. |location=Edinburgh |publisher=The Stair Society |page=1 |quote=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.}}</ref> leading to the development and distinct character of [[Scots law]].<ref>{{cite book |last1=Smith |first1=J Irvine |title=An Introduction to Scottish Legal History |chapter=The Transition to the Modern Law, 1532–1660 |volume=20 |work=Stair Society |publisher=The Stair Society |year=1958 |page=30 }}</ref> 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.<ref>{{cite news |last=Cowan |first=David |url=https://www.bbc.co.uk/news/uk-scotland-66020408 |title=Court of Session streaming service goes live |work=[[BBC News]] |date=2023-06-27 }}</ref> 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]].

The Court of Session is the Royal Court of Scotland, hearing civil cases in the name of the [[Monarch of the United Kingdom|Monarch]].<ref>{{cite web |title=Court of Session |url=https://www.scotcourts.gov.uk/courts-and-tribunals/courts-tribunals-and-office-locations/find-us/court-of-session/ |website=Scottish Courts and Tribunals Service |access-date=1 June 2025 |language=en}}</ref> Judges are termed Lords of Council and Session and appointed simultaneously to the [[Senator of the College of Justice|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.<ref name="act2008">{{cite legislation Scotland|type=act|year=2008|chapter=6|act=Judiciary and Courts (Scotland) Act 2008}}</ref>

==History==

=== Establishment of the court ===
The creation of the court was part of wider efforts to improve and reform access to justice in Scottish society. By 1153, the local feudal courts had been established. Depending on the part of Scotland where the cause originated, justice might also be available from the local baron or lord of regality, sitting with the king's authority.<ref name="SME">{{cite encyclopedia |encyclopedia=Stair Memorial Encyclopedia |volume=Courts and Competency (reissue) |section=5 |title=The Court of Session }}</ref> Parties often found these courts ineffectual. Appeal of the decisions of local courts lay to the king and the Lords of Council, sitting together as the King's Council, or the Parliament of Scotland. The burden on these bodies of hearing appeals led to a growing effort to divest their judicial functions.

[[James I of Scotland|James I]] decided that a Session would be held periodically to hear appeals and decide cases.<ref>Lords of the Session Act 1425</ref> It came to be known as the Auld Session and sat three times a year, comprising the Lord Chancellor and "certain discreet persons of the [[Estates of the realm|Three Estates]]" as the Lords of Session.<ref name="Stair">{{cite book |last=Stair |author-link=James Dalrymple, 1st Viscount of Stair |title=The Institutions of the Law of Scotland |chapter=1, 2 |volume=4 }}</ref> The Sessions had universal jurisdiction to hear disputes formerly arguable to the king's Council.<ref name="SME"/> According to the Stair Memorial Encyclopedia, they were so named because the Sessions were "a court and[…] the term 'session' was used to distinguish this new court from the royal court which was peripatetic, whereas the Session sat at such places as the king appointed."<ref name="SME"/>

By 1438, the Session was convening only yearly and it ceased altogether at a time between 1457 and 1468, with its function transferring back to the king's council and decided by the Lords of Council.<ref name="Stair"/><ref name="SME"/> The voluntary and unpaid nature of the office of Lord of Session was likely responsible for the Auld Session's failure.<ref name="SME"/> The work of the Session continued under the auspices of the king's council and in 1491, an act proclaimed that "the Chancellor with certain Lords of Council or else the Lords of Session sit for the administration of justice thrice each year… so that justice may be put to due execution to all parties complaining".<ref>Sessions Act 1491 (c. 16) (APS ii, 226)</ref>

These sittings, or 'sessions', became more regular. Edinburgh was fixed as the location for the sessions, addressing a frustrating feature of the royal courts – litigants would summon an opponent to appear at one place on one date, but by that day the king may have decided to move onto another location. The summons would fail and the litigant would have to spend considerable money both following the court and issuing a fresh summons.<ref name="SME"/> The Lords of Council and the Lords of Session became commingled, and the modern court's judges are still styled ''Lords of Council and Session''.

In 1531, it was decided to create a permanent, dedicated, national court of Scotland. [[James V of Scotland|James V]] obtained a [[papal bull]] in 1531 and established the College of Justice in 1532,<ref name="CJA 1532">College of Justice Act 1532 (c. 2)</ref> basing it on the [[Parlement of Paris|Parisian ''parlement'']].<ref name="SME"/> The council lords<ref>{{cite book |last=Finlay |first=John |title=Men of Law in Pre-Reformation Scotland |publisher=Tuckwell Press |location=East Linton |issue=Monograph no. 9 |isbn=978-1-86232-165-6 |url=http://arno.unimaas.nl/show.cgi?fid=1112 |year=2007|access-date=7 November 2009|archive-url=https://web.archive.org/web/20110718172350/http://arno.unimaas.nl/show.cgi?fid=1112|archive-date=18 July 2011|url-status=dead}}</ref><ref>{{cite book |last=Smith |first=Thomas Broun |title=British justice: the Scottish contribution |location=London |publisher=Stevens & Sons |year=1961 |pages=54}}</ref> became members of the College of Justice and judges of the new Court of Session. The [[Lord Chancellor of Scotland]] presided over the court.<ref name="act_1532_2_orig">{{Cite journal |date=17 May 1532 |title=College of Justice Act 1532 (as enacted) |url=https://www.rps.ac.uk/trans/1532/6 |journal=Records of the Parliament of Scotland |publisher=University of St Andrews |volume=APS ii 335 |issue=c. 2|access-date=6 July 2021|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201445/https://www.rps.ac.uk/trans/1532/6|url-status=live}}</ref><ref name="act_1532_2_amend">{{Cite journal |title=College of Justice Act 1532 (as amended) |url=http://www.legislation.gov.uk/aosp/1532/2 |journal=Acts of the Parliament of Scotland |volume=APS ii 335 |publisher=The National Archives |date=17 May 1532 |issue=c. 2 |access-date= 8 May 2017 |archive-date= 22 October 2016 |archive-url= https://web.archive.org/web/20161022122131/http://www.legislation.gov.uk/aosp/1532/2 |url-status= live}}</ref><ref name="king_james_lecture">{{cite web |url=https://publications.parliament.uk/pa/ld200708/ldjudgmt/kingjameslecture.pdf |title=King James Lecture – "The best of any Law in the world" – was King James right? |last=Lord Hope of Craighead|author-link=Lord Hope of Craighead |date=20 October 2008 |publisher=[[United Kingdom Parliament]]|access-date=2009-11-07|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201359/https://publications.parliament.uk/pa/ld200708/ldjudgmt/kingjameslecture.pdf|url-status=live}}</ref>

The court began providing free access to a lawyer, the ''advocatus pauperum'', in 1534.<ref>Act of Sederunt 2 March 1534</ref> Initially, the court's judiciary numbered fourteen and was split evenly between clerics and [[Laity|laymen]].<ref name="Shand">{{cite book |last1=Shand |first1=Charles Farquhar |last2=Darling |first2=James Johnston |title=The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833 |publisher=T. & T. Clark |location=Edinburgh |year=1848 |chapter=Chapter I. Of the institution of the Court|chapter-url=https://books.google.com/books?id=g90DAAAAQAAJ&q=The%20practice%20of%20the%20Court%20of%20Session%3A%20on%20the%20basis%20of%20the%20late%20Mr.%20Darling's%20work%20of%201833&pg=PA1|access-date=30 October 2020|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201425/https://books.google.com/books?id=g90DAAAAQAAJ&q=The+practice+of+the+Court+of+Session%3A+on+the+basis+of+the+late+Mr.+Darling%27s+work+of+1833&pg=PA1|url-status=live}}</ref> Judges were at first selected by the king and council, but the court grew anxious at the quality of those selected, and from 1579 nominees had to be confirmed by the existing judges.<ref>Court of Session Act 1579 (c. 38) (APS iii, 153).</ref>

===Early operation===
On its founding, the court had jurisdiction over "all civil actions".<ref name="CJA 1532"/><ref name="SME.101">{{cite encyclopedia |encyclopedia=Stair Memorial Encyclopedia |volume=Courts and Competency (reissue) |section=5 |title=The Court of Session |at=para. 101 }}</ref> Consistorial and succession causes were moved from the church courts to the Court of Session after the Reformation. As the court's jurisdiction grew, it began to direct that smaller causes be heard in the local courts, with the Court of Session acting as an appeal court. The court also developed the doctrine of ''[[nobile officium]]'' under which it had an inherent power to provide a remedy for any injustice not already provided for by Scots law.<ref name="SME.101"/> Scots law did not develop a distinction between its common law and [[equity (law)|equitable principles]] partly due to the ''nobile officium''.<ref>{{cite book|chapter=Nobile Officium [Latin: lofty obligation]|date=2001|last=Arnold-Baker|first=C.|title=The Companion to British History, Routledge|edition=2|publisher=Routledge|url=https://search.credoreference.com/articles/Qm9va0FydGljbGU6MzI3NDY0?aid=275203|accessdate=25 November 2024}}</ref>

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 court|supreme]] [[Criminal justice|criminal court]] of Scotland. Previously the [[Lord President of the Court of Session|Lord Justice General]], the president of the High Court, had appointed deputes to preside in his absence.<ref name="act1672">{{cite web|url=http://www.rps.ac.uk/trans/1672/6/50|title=Courts Act 1672 (as enacted)|date=1672|website=Records of the Parliaments of Scotland|publisher=University of St Andrews|language=en|access-date=4 April 2017|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200921/https://www.rps.ac.uk/trans/1672/6/50|url-status=live}}</ref> From 1672 to 1887, the High Court consisted of the [[Lord Justice General]], [[Lord Justice Clerk]], and five [[Senator of the College of Justice|Lords of Session]].<ref name="crim_proc_journal">{{cite journal|date=1 January 1913|title=Criminal Procedure in Scotland|jstor=1132916|journal=Journal of the American Institute of Criminal Law and Criminology|language=en|volume=3|issue=5|pages=728–753|doi=10.2307/1132916|last1=Keedy|first1=Edwin R.|url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1193&context=jclc|access-date=24 September 2019|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200917/https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1193&context=jclc|url-status=live|url-access=subscription}}</ref>

In 1640, membership of the court was restricted to laymen only, by withdrawing the right of churchmen to sit in judgement of legal causes.<ref name="Beveridge">{{cite book |last=Beveridge |first=Thomas |title=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 |publisher=Bell & Bradfute |location=Edinburgh |year=1826 |page=[https://archive.org/details/apracticaltreat00courgoog/page/n67 28] |url=https://archive.org/details/apracticaltreat00courgoog}}</ref><ref>[[Clergy Act 1640]]{{dubious|date=November 2024}}</ref> The number of laymen was increased to maintain the number of lords in the court.

===Towards the modern day===
[[File:Court of Session (53707036026).jpg|thumb|right|Sitting of five judges of the Court of Session (dressed in red on the right, two out of picture), not hearing a case but rather administering the oath of allegiance to a new First Minister for Scotland.]]

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 1707|Acts of Union]] in 1706 and 1707 respectively.<ref name="history_15th_to_18th">{{cite web|url=http://www.lawscot.org.uk/media/3371/AGeneralHistoryofScotsLaw_15th18th.pdf|title=A General History of Scots Law (15th – 18th Centuries)|publisher=[[Law Society of Scotland]]|access-date=2013-09-10}}{{dead link|date=November 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> The office of [[Extraordinary Lord of Session]] was abolished in 1762. Outer House judges continue to be addressed in the Inner House as "the Lord Ordinary", a remnant of the historical distinction between the Extraordinary Lords of Session and the other or 'Ordinary' ones.

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 [[Trial court|first-instance jurisdiction]] before a [[Lord Ordinary]]) and [[Inner House]] (with [[appellate jurisdiction]].)<ref>{{cite book| title=A History of Private Law in Scotland| first=Kenneth| last=Reid| isbn=978-0-19-829941-7| publisher=Oxford University Press | year=2000}}</ref> Cases in the Outer House were to be heard by Lords Ordinary who either sat alone or with a [[Trial by jury in Scotland|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.<ref name="history_private_law">{{cite book|title=A History of Private Law in Scotland|last=Reid|first=Kenneth|date=2000-12-21|publisher=Oxford University Press|isbn=978-0-19-829941-7}}</ref> A further separation was made in 1815, by the Jury Trials (Scotland) Act 1815 ([[55 Geo. 3]]. c. 42), with the creation of a lesser '''Jury Court''' to allow certain civil cases to be tried by jury.<ref name="jury_court">{{cite web |url=http://www.nas.gov.uk/guides/otherSeries.asp |title=Court of Session – other series |publisher=[[National Archives of Scotland]] |access-date=2010-08-09 |archive-date=18 December 2009 |archive-url=https://web.archive.org/web/20091218094647/http://www.nas.gov.uk/guides/otherSeries.asp |url-status=live }}</ref> In 1830 the Jury Court, along with the [[Admiralty Court|Admiralty]] and [[Commissary Court|Commissary]] courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830.<ref name="Shand"/>

In 1834, the [[remuneration]] and [[Working time|working conditions]] were a matter of public discussion and debate in the [[House of Commons of the United Kingdom|House of Commons]]. On 6 May 1834 [[Sir George Sinclair, 2nd Baronet|Sir George Sinclair]] addressed the House of Commons to plead for an increase in the salaries of the senators, noting that "a Civil Judge in the Supreme Court in Scotland received only {{Currency|2,000|GBP}}" and the masters in the [[Court of Chancery]] were paid {{Currency|2,500|GBP}}.<ref name="hansard_sinclair_1834">{{Cite web|url=https://api.parliament.uk/historic-hansard/commons/1834/may/06/judges-salary-scotland#S3V0023P0_18340506_HOC_66|title=JUDGES' SALARY (SCOTLAND). (Hansard, 6 May 1834)|date=6 May 1834|website=[[Hansard|Parliamentary Debates (Hansard)]]|language=en-GB|access-date=7 May 2017|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200949/http://hansard.millbanksystems.com/commons/1834/may/06/judges-salary-scotland#S3V0023P0_18340506_HOC_66|url-status=live}}</ref><ref name="wages_1834">{{Cite web|url=http://www.afamilystory.co.uk/history/wages-and-prices.aspx#Average-wages|title=Wages and Prices {{!}} A Family Story|website=www.afamilystory.co.uk|date=5 October 2013|access-date=7 May 2017|quote=A labourer in 1834 had an annual salary of [[£sd|£]]27.17[[Shilling|s]].10[[Penny|d]].|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200953/http://www.afamilystory.co.uk/history/wages-and-prices.aspx#Average-wages|url-status=live}}</ref> A [[Select committee (United Kingdom)|select committee]] was appointed to investigate the matter.<ref name="report_judges_salaries_1834">{{Cite book|url=https://books.google.com/books?id=YGY1AQAAMAAJ&q=Report%20on%20the%20Scotch%20Judges'%20Salaries&pg=PP2|title=Report from Select Committee on Judges' Salaries (Scotland): With the Minutes of Evidence|last=Great Britain Parliament House of Commons Select Committee on Judges' Salaries|date=1 July 1834|publisher=House of Commons|location=London|language=en|access-date=30 October 2020|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200923/https://books.google.com/books?id=YGY1AQAAMAAJ&q=Report+on+the+Scotch+Judges%27+Salaries&pg=PP2|url-status=live}}</ref>

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, 3rd Baronet|Sir William Rae]], [[Lord Advocate]], that the judges of the Court of Session had considerable duties, which he listed as:<ref name="spectator_1834">{{Cite news|url=http://archive.spectator.co.uk/article/18th-october-1834/12/administration-of-justice-in-scotland|title=ADMINISTRATION OF JUSTICE IN SCOTLAND. » 18 Oct 1834 » The Spectator Archive|date=18 October 2014|work=The Spectator Archive|access-date=7 May 2017|publisher=The Spectator (1828) Ltd|pages=12–13|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201443/http://archive.spectator.co.uk/article/18th-october-1834/12/administration-of-justice-in-scotland|url-status=live}}</ref>

{{Blockquote|text=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.|author=Sir William Rae|source=Evidence to Select Committee on Judges' Salaries (Scotland)}}

The select committee 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 committee recommended salaries of {{Currency|3,000|GBP}} for Senators ({{Inflation|UK|3000|1834|fmt=eq|cursign=£}}), {{Currency|5,300|GBP}} for the Lord President, and {{Currency|5,000|GBP}} for the Lord Justice Clerk.{{efn|These amounts were to be increases from {{Currency|2,000|GBP}} for Senators, {{Currency|4,300|GBP}} for the Lord President, and {{Currency|4,000|GBP}} for the Lord Justice Clerk.}}<ref name="report_judges_salaries_1834" /> 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 and that the judges were entitled to 7 months' [[vacation]] each year. ''The Spectator'' also asserted that civil justice was out of the reach of the poor in Scotland.<ref name="spectator_1834" />

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 ([[50 & 51 Vict.]] c. 35).<ref name="crim_proc_act_1887">{{Cite legislation UK|type=act|year=1887|chapter=35|act=Criminal Procedure (Scotland) Act 1887}}</ref>

==Work==

Decisions of the Court of Session are influential or binding on all the courts of Scotland, and the court handles all manner of civil business, from commercial and contract disputes to family and taxation. Appeal lies to [[Supreme Court of the United Kingdom]] and may be taken only with the permission of either court. The Court of Session and the local [[sheriff court]]s of Scotland have [[concurrent jurisdiction]] for all cases with a monetary value in excess of {{Currency|amount=100,000|code=GBP}}; the [[plaintiff|pursuer]] is given first choice of court. The majority of complex, important, or high value cases are brought in the Court of Session. The sheriff courts and [[Sheriff Personal Injury Court]] may remit cases to the Court of Session at the presiding sheriff's request.

===Civil cases===
[[File:Longest Day skyline (20767532).jpg|thumb|right|[[Parliament House, Edinburgh]], in Parliament Square, houses the Court of Session]]
The Court of Session is the supreme [[Civil law (common law)|civil]] [[Courts of Scotland|court]] of [[Scotland]],<ref>{{cite web|url=http://www.scotland.gov.uk/Topics/Justice/legal/Civil|title=Courts and the Legal System – Civil Courts|publisher=[[Scottish Government]]|access-date=2009-11-06|date=April 2003}}</ref> and it shares [[concurrent jurisdiction]] with the local [[sheriff court]]s over all cases with a value of more than {{Currency|amount=100,000|code=GBP}} (including [[Personal injury|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.<ref name="sheriffexclusive">{{cite web|url=https://www.judicialappointments.scot/sites/default/files/files/information_pages/The%20Office%20of%20Sheriff.doc|title=The Office of Sheriff|website=www.judicialappointments.scot|publisher=Judicial Appointments Board for Scotland|page=6|language=en|format=DOC|quote=23) A sheriff has exclusive competence to deal with civil proceedings where the total value of the orders sought does not exceed £100,000.|author1=Judicial Office for Scotland|access-date=4 April 2017|archive-url=https://web.archive.org/web/20161230071915/https://www.judicialappointments.scot/sites/default/files/files/information_pages/The%20Office%20of%20Sheriff.doc|archive-date=30 December 2016|url-status=dead|df=dmy-all}}</ref> The court sits in [[Parliament House, Edinburgh|Parliament House]] in [[Edinburgh]] and is both a trial court and a court of [[appeal]].<ref name="Session Introduction" />

===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 (Scotland)|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]].<ref>{{citation |title=Exchequer Court (Scotland) Act 1856 |periodical=Acts of the Parliament of the United Kingdom |url=http://www.statutelaw.gov.uk/documents/1856/56/ukpga/c56/1 |volume=1856 |issue=56 |page=1 |quote=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. |publisher=[[UK Statute Law Database]] |access-date=2009-09-02 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214201430/https://www.legislation.gov.uk/ukpga/Vict/19-20/56/contents |url-status=live }}</ref><ref>{{citation | title=Section 3, Court of Session Act 1988 | url=http://www.statutelaw.gov.uk/documents/1988/36/ukpga/c36/partI/3 | periodical=Acts of the United Kingdom Parliament | volume=1988 | issue=36 | page=I(3) | quote=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 | publisher=[[Office of Public Sector Information]] | access-date=2007-11-20 | archive-date=14 February 2021 | archive-url=https://web.archive.org/web/20210214201432/https://www.legislation.gov.uk/ukpga/1988/36/contents | url-status=live }}</ref><ref>{{cite web|title=Chapter 48, Rules of the Court of Session |url=http://www.scotcourts.gov.uk/session/rules/Chapter48.asp  |publisher=[[Scottish Court Service]] |quote=Exchequer causes |access-date=2007-11-20 |archive-url = https://web.archive.org/web/20080321115808/http://www.scotcourts.gov.uk/session/rules/Chapter48.asp |archive-date = 2008-03-21}}</ref>

===Admiralty cases===
The Court of Session is also the [[admiralty court]] for Scotland,<ref>{{citation |title=Section 21, Court of Session Act 1830 |periodical=Acts of the Parliament of the United Kingdom |url=http://www.statutelaw.gov.uk/documents/1830/69/ukpga/c69/21 |date=1830-06-23 |volume=69 |page=21 |quote=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 |access-date=2009-08-31 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214201446/https://www.legislation.gov.uk/ukpga/Geo4and1Will4/11/69/contents |url-status=live }}</ref> having been given the duties of that court by the provisions of the Court of Session Act 1830.<ref>{{cite book|last1= Shand|first1=Charles Farquhar|last2=Darling|first2=James Johnston|title=The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833|publisher= T. & T. Clark|page=65|year=1848|url=https://archive.org/details/practicecourtse00shangoog|access-date=2009-11-18}}</ref> The boundaries of the jurisdiction of the Court of Session in [[Maritime law|maritime cases]] were specified in 1999 by an [[Order in Council]]: the [[Scottish Adjacent Waters Boundaries Order 1999]].<ref name="maritimejurisdiction">{{UK SI|year=1999|number=1126|title=The Scottish Adjacent Waters Boundaries Order 1999
|url=http://www.legislation.gov.uk/uksi/1999/1126/made|force=13 April 1999}}</ref>

=== ''Nobile officium'' ===
The jurisdiction of the Court of Session extends beyond statutory and common law powers, with the Court having an [[Equity (law)|equitable]] and [[inherent jurisdiction]] called the ''nobile officium'',<ref>{{cite web |title=Nobile officium n. phr. |url=https://www.dsl.ac.uk/entry/snd/nobile_officium |website=Dictionary of the Scots Language |publisher=Scottish Language Dictionaries Ltd |access-date=21 October 2019 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214201442/https://www.dsl.ac.uk/entry/snd/nobile_officium |url-status=live }}</ref><ref name="thomson">{{cite book|last=Thomson |first=Stephen |year=2015 |title=''The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland''| location=Edinburgh| publisher=Avizandum}}</ref> unique among British courts.<ref name=brexit/> The ''nobile officium'' enables the court to provide a [[legal remedy]] where [[statute]] or the [[common law]] are silent, and to prevent mistakes in procedure or practice that would lead to [[injustice]]. The exercise of this power is limited by adherence to [[precedent]], and when [[Primary and secondary legislation|legislation]] or the common law do not 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''.<ref name=":0">{{Cite web|url=https://www.nobileofficium.com/nobile-officium-used-to-recognise-english-high-court-orders-due-to-statutory-casus-improvisus/|title=Nobile officium used to recognise English High Court orders due to statutory casus improvisus {{!}} The Nobile Officium|language=en-GB|access-date=11 May 2017}}{{dead link|date=February 2024|bot=medic}}</ref><ref>{{Cite journal|last=White|first=J. R. C.|date=1981|title=A Brief Excursion into the Scottish Legal System|url=http://heinonline.org/HOL/Page?handle=hein.journals/holdslr6&collection=journals&id=159&startid=&endid=165|journal=Holdsworth Law Review|publisher=University of Birmingham|volume=6|issue=2|pages=155–161|access-date=14 February 2021|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201452/https://heinonline.org/HOL/Welcome?message=Please%20log%20in&url=%2FHOL%2FPage%3Fhandle%3Dhein.journals%25252Fholdslr6%26collection%3Djournals%26id%3D159%26startid%3D%26endid%3D165|url-status=live}}</ref>

The ''nobile officium'' was used to implement recognition of an [[court order|order]] of the [[High Court of Justice|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|Stockport Metropolitan Council]], and [[Blackpool Borough Council]] on behalf of four 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.<ref>{{Cite court|litigants=Cumbria County Council, Petitioners|court=Court of Session, Inner House|reporter=CSIH|vol=2016|opinion=92|date=19 October 2016|url=https://www.scotcourts.gov.uk/search-judgments/judgment?id=00df25a7-8980-69d2-b500-ff0000d74aa7|access-date=11 May 2017}}</ref><ref name=":0" />

In September 2019 UK Prime Minister [[Boris Johnson]] said that he would "rather be dead in a ditch" than apply for an extension to Britain's application to leave the European Union ([[Brexit]]), due on 31 October, although the UK parliament had required him to do so under circumstances laid out in the [[Benn Act]]. Following this, an application was made to the Court of Session to require the Prime Minister to sign a letter requesting extension if no exit deal could be agreed in time. The applicants hoped that the unique power of ''nobile officium'' would enable the court to send the [[article 50]] extension letter on Johnson's behalf, if he declined to do so.<ref name=brexit>{{cite web |url=https://www.theguardian.com/politics/2019/sep/12/anti-brexiters-new-legal-challenge-scotland-to-force-article-50-extension |title=Anti-Brexiters file new legal challenge to force article 50 extension |newspaper=The Guardian |author=Severin Carrell |date=13 September 2019 |access-date=13 September 2019 |archive-date=8 November 2019 |archive-url=https://web.archive.org/web/20191108053311/https://www.theguardian.com/politics/2019/sep/12/anti-brexiters-new-legal-challenge-scotland-to-force-article-50-extension |url-status=live }}</ref>

===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.<ref>Court of Session Act 1988: {{cite web |title=Part I Constitution and Administration of the Court |url=http://www.opsi.gov.uk/acts/acts1988/ukpga_19880036_en_2#pt1 |publisher=[[Office of Public Sector Information]] |access-date=23 November 2007 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214201452/https://www.legislation.gov.uk/ukpga/1988/36/contents#pt1 |url-status=live }}</ref><ref>Divisions: {{cite web|title=Court of Session - Judges |url=http://www.scotcourts.gov.uk/session/judges.asp|publisher=[[Scottish Courts Service]] |access-date=23 November 2007}}</ref> 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 the Extra Division sits frequently nowadays.<ref>Information on composition: {{cite web |title=Court of Session - Introduction |url=http://www.scotcourts.gov.uk/session/ |publisher=[[Scottish Courts Service]] |access-date=23 November 2007 |archive-date=12 October 2008 |archive-url=https://web.archive.org/web/20081012025036/http://www.scotcourts.gov.uk/session/ |url-status=live }}</ref>

Until 2015 civil cases that went to a [[Hearing (law)|full proof]] (hearing) in the sheriff courts of Scotland could be appealed by right to the [[Inner House]] of the Court of Session. [[Appellant]]s 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.<ref name="beckman">{{Cite journal|last=Beckman|first=Gail McKnight|date=January 1972|title=The Availability of Legal Services to Poor People and People of Limited Means in Foreign Systems|url=http://heinonline.org/HOL/Page?handle=hein.journals/intlyr6&collection=journals&startid=&endid=178&id=172|journal=International Lawyer|publisher=[[American Bar Association]]|volume=6|issue=1|pages=162–168|access-date=14 February 2021|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201453/https://heinonline.org/HOL/Welcome?message=Please%20log%20in&url=%2FHOL%2FPage%3Fhandle%3Dhein.journals%25252Fintlyr6%26collection%3Djournals%26startid%3D%26endid%3D178%26id%3D172|url-status=live}}</ref> However, the appellate jurisdiction of sheriffs principal for all civil cases (including summary cause and [[small claims court|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 [[question of law|point of law]], or are particularly complex:<ref name="act_2014_c18" />
{{Blockquote|text={{omission}} 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.|title=Paragraph 133|source=''Policy Memorandum, Courts Reform (Scotland) Bill'', Scottish Government<ref name="act_2014_c18_pm">{{cite report|title=Policy Memorandum, Courts Reform (Scotland) Bill|author=Scottish Government|publisher=Scottish Parliament|date=6 February 2014|access-date=20 April 2017|url=http://www.parliament.scot/S4_Bills/Courts%20Reform%20(Scotland)%20Bill/b46s4-introd-pm.pdf|archive-date=21 April 2017|archive-url=https://web.archive.org/web/20170421093813/http://www.parliament.scot/S4_Bills/Courts%20Reform%20(Scotland)%20Bill/b46s4-introd-pm.pdf|url-status=live}}</ref>}}

===Oath of Allegiance===
[[File:Humza Yousaf being sworn in at the Court of Session.jpg|thumb|right|[[First Minister of Scotland|First Minister]] [[Humza Yousaf]] takes the Oath of Allegiance in the presence of the [[Lord Advocate]], the chief legal officer of the [[Scottish Government]] and [[the Crown]] in Scotland]]
The [[Oath of Allegiance (United Kingdom)|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.<ref>{{citation| title=Schedule, Promissory Oaths Act 1868| url=http://www.statutelaw.gov.uk/documents/1868/72/ukpga/c72/schedule| periodical=Acts of the Parliament of the United Kingdom| year=1868| volume=72| page=Schedule| access-date=2009-09-01| quote=The oath as to England is to be tendered by the Clerk of the Council, and taken in presence of Her Majesty in Council, or otherwise as Her Majesty shall direct.  The oath as to Scotland is to be tendered by the Lord President of the Court of Session at a sitting of the Court.| archive-date=14 February 2021| archive-url=https://web.archive.org/web/20210214201457/https://www.legislation.gov.uk/ukpga/Vict/31-32/72/contents| url-status=live}}</ref>

=== Acts of Sederunt ===
{{main|Act of Sederunt}}
[[Scots civil procedure|Civil procedure in Scotland]] is regulated by the Court of Session through [[Act of Sederunt|Acts of Sederunt]], which are [[subordinate legislation]] and take legal force as [[Scottish statutory instrument]]s. 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|Court of Session Act 1988]] and the Sheriff Courts (Scotland) Act 1971.<ref name="act_2014_c10">{{Cite legislation Scotland|act=Tribunals (Scotland) Act 2014|chapter=10|type=act|year=2014}}</ref><ref name="Section 5 Session 1988">{{citation|title=Section 5, Court of Session Act 1988 (as enacted)|url=http://www.legislation.gov.uk/ukpga/1988/36/section/5/enacted|quote=The Court shall have power by act of sederunt...|periodical=Acts of the United Kingdom Parliament|volume=1988|issue=36|pages=II(5)|publisher=The National Archives|access-date=6 May 2017|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201452/https://www.legislation.gov.uk/ukpga/1988/36/section/5/enacted|url-status=live}}</ref><ref name="act_2014_c18">{{Cite legislation Scotland|act=Court Reforms (Scotland) Act 2014|chapter=18|type=act|year=2014}}</ref><ref name="1971-c-58">{{Cite legislation UK|type=act|year=1971|chapter=58|act=Sheriff Courts (Scotland) Act 1971}}</ref> 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.<ref>{{cite web|url=https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/court-of-session-rules|title=Rules of the Court of Session|publisher=[[Scottish Courts and Tribunals Service]]|access-date=30 June 2021|url-status=live|archive-url=https://web.archive.org/web/20210603031318/https://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/court-of-session-rules|archive-date=3 June 2021}}</ref>

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 (British legal term)|enactment]], including primary legislation, if it relates to matters an ''Act of Sederunt'' may cover.{{citation needed|date=September 2019}} 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.<ref>{{Cite web|url=http://www.scottishciviljusticecouncil.gov.uk/rule-making|title=Rule Making|website=www.scottishciviljusticecouncil.gov.uk|publisher=Scottish Civil Justice Council|access-date=6 May 2017|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201505/https://www.scottishciviljusticecouncil.gov.uk/rule-making|url-status=live}}</ref><ref name="Rule Making">{{citation|title=Rule-Making in the Courts of the Empire|year=1915|author=Samuel Rosenbaum|series=New Series|periodical=Journal of the Society of Comparative Legislation|volume=15|issue=2|pages=132–133|jstor=752486|publisher=Cambridge University Press}}</ref>

An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to the [[Faculty of Advocates]] to regulate [[Admission to practice law|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.<ref name="2011-ssi-312">{{cite legislation Scotland|type=ssi|year=2011|number=312|ssi=Act of Sederunt (Regulation of Advocates) 2011}}</ref>

==Structure==
[[File:Great Window, Parliament Hall, Edinburgh.JPG|thumb|300px|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)|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]]

The court is divided into the Inner House of twelve 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 divisions of six senators: the first division, presided over by the Lord President, and second division, presided over by the Lord Justice Clerk. Cases in the Inner House are normally heard before a [[Bench (law)|bench]] of three senators, though more complex or important cases are presided over by five senators. On very rare occasions the whole Inner House has presided over a case. Outer House cases are heard by a single senator sitting as a [[Lord Ordinary]], occasionally with a [[Trial by jury in Scotland|jury of twelve]].

The current Lord President is [[Colin Sutherland, Lord Carloway|Lord Carloway]]. In addition to the 35 senators, a number of temporary judges have been appointed to the court, typically from serving sheriffs and [[Sheriff principal|sheriffs principal]] or [[Faculty of Advocates|advocate]]s in private practice.

===Inner House===
{{main|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.<ref>{{cite book|last1=Thomson|first1=Stephen|title=The Nobile Officium: The Extraordinary Equitable Jurisdiction of the Supreme Courts of Scotland|date=2015|publisher=Avizandum|location=Edinburgh}}</ref> Criminal [[appeal]]s in Scotland are handled by the High Court of Justiciary sitting as the [[Court of Appeal]].<ref>{{citation| title=Part V, Court of Session Act 1988| url=http://www.statutelaw.gov.uk/documents/1988/36/ukpga/c36/partV| periodical=Acts of the Parliament of the United Kingdom| volume=1988| issue=36| page=V| publisher=[[UK Statute Law Database]]| quote=Appeal and Review| access-date=2009-09-02| archive-date=14 February 2021| archive-url=https://web.archive.org/web/20210214201457/https://www.legislation.gov.uk/ukpga/1988/36/contents| url-status=live}}</ref><ref>{{cite web| url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/high-court/about-the-high-court| title=About the High Court| quote=The High Court of Justiciary is Scotland's supreme criminal court… When exercising its appellate jurisdiction it sits only in Edinburgh.| publisher=[[Scottish Courts Service]]| access-date=30 June 2021| archive-date=23 April 2021| archive-url=https://web.archive.org/web/20210423032619/https://www.scotcourts.gov.uk/the-courts/supreme-courts/high-court/about-the-high-court| url-status=live}}</ref><ref>{{citation| title=Section 228, Criminal Procedure (Scotland) Act 1975| periodical=Acts of the Parliament of the United Kingdom| volume=1975| url=http://www.statutelaw.gov.uk/documents/1975/21/ukpga/c21/228| issue=21| page=V(228)| quote=Any person convicted on indictment may, with leave granted in accordance with section 230A of this Act, appeal in accordance with the provisions of this Part of this Act, to the High Court| access-date=2009-09-02| publisher=[[UK Statute Law Database]]| archive-date=14 February 2021| archive-url=https://web.archive.org/web/20210214201504/https://www.legislation.gov.uk/ukpga/1975/21/contents| url-status=live}}</ref>

The Inner House is the part of the Court of Session which acts as a [[court of appeal]] for cases decided the Outer House<ref>{{citation |title=Part V, Court of Session Act 1988 |periodical=Acts of the Parliament of the United Kingdom |url=http://www.opsi.gov.uk/acts/acts1988/ukpga_19880036_en_5#pt5 |publisher=[[Office of Public Sector Information]] |volume=1988 |issue=36 |page=V |access-date=2007-11-23 |archive-date=14 February 2021 |archive-url=https://web.archive.org/web/20210214201443/https://www.legislation.gov.uk/ukpga/1988/36/contents#pt5 |url-status=live }}</ref> and of civil cases from the sheriff courts, the [[Court of the Lord Lyon]], [[Scottish Land Court]], and the [[Lands Tribunal for Scotland]].<ref>{{cite web|title=Civil Courts and Tribunals |url=http://www.scotland.gov.uk/Publications/2003/07/16971 |publisher=[[Scottish Government]] |access-date=2007-11-23|date=2003-07-31 }}</ref> The Inner House always sits as a panel of at least three senators and with no jury.<ref>{{cite web |title=Court of Session – Introduction |url=http://www.scotcourts.gov.uk/session/ |quote=Each division is made up of five Judges, but the quorum is three. |publisher=[[Scottish Court Service]] |access-date=2007-11-23 |archive-date=12 October 2008 |archive-url=https://web.archive.org/web/20081012025036/http://www.scotcourts.gov.uk/session/ |url-status=live }}</ref>

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]]<ref name="Supreme" /> (or sometimes to the [[Judicial Committee of the Privy Council]]).

===Outer House===
{{main|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,<ref>{{cite web |url=http://www.lawgazette.co.uk/news/lord-mackay039s-courts/ |title=Lord Mackay's Courts &#124; the Law Gazette |access-date=2013-04-01 |url-status=dead |archive-url=https://web.archive.org/web/20110426005043/http://www.lawgazette.co.uk/news/lord-mackay039s-courts |archive-date=2011-04-26 }}</ref> and in this house judges sit singly—and with a [[jury]] of twelve in personal injury or defamation actions.<ref name="Session Introduction" /> [[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.<ref>{{cite journal| title=Civil Pleading in Scotland |periodical=Michigan Law Review| author=Robert Wyness Millar |volume=30 | issue=4| year=1932 | pages=546–547|  jstor=1280689 | publisher=The Michigan Law Review Association |doi=10.2307/1280689 }}</ref> 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.<ref>{{citation| title=Chapter 55 – Causes relating to intellectual property| url=https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/rules-of-court/court-of-session/chap55-causes-relating-to-intellectual-property.pdf | periodical=Rules of the Court of Session| volume=2006| page=55.2| quote=All proceedings in the Outer House in a cause to which this chapter applies shall be brought before a judge of the court nominated by the Lord President as the intellectual property judge or, where the intellectual property judge is not available, any other judge of the court (including the vacation judge).| publisher=[[Scottish Courts Service]]| access-date=30 June 2021 |url-status=live |archive-url = https://web.archive.org/web/20210630113146/https://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/rules-of-court/court-of-session/chap55-causes-relating-to-intellectual-property.pdf |archive-date = 30 June 2021}}</ref>

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.<ref>{{citation| title=Section 28, Court of Session Act 1988| url=http://www.statutelaw.gov.uk/documents/1988/36/ukpga/c36/partV/28| periodical=Acts of the Parliament of the United Kingdom| volume=1988| issue=36| page=V(28)| quote=Any party to a cause initiated in the Outer House either by a summons or a petition who is dissatisfied with an interlocutor pronounced by the Lord Ordinary may, except as otherwise prescribed, reclaim against that interlocutor within such period after the interlocutor is pronounced, and in such manner, as may be prescribed.| publisher=[[UK Statute Law Database]]| access-date=2009-09-02| archive-date=14 February 2021| archive-url=https://web.archive.org/web/20210214201454/https://www.legislation.gov.uk/ukpga/1988/36/contents| url-status=live}}</ref>

=== Other sittings ===
The court sits as the [[Lands Valuation Appeal Court]] is a [[Scottish civil court]], composed of three Court of Session judges, and established under Section 7 of the Valuation of Lands (Scotland) Amendment Act 1879.<ref>{{Cite legislation UK|year=1879|chapter=42|type=act|act=Valuation of Lands (Scotland) Amendment Act 1879}}</ref> It hears cases where the decision of a local Valuation Appeal Committee is disputed.<ref>{{Cite web|url=http://www.gov.scot/Topics/Government/local-government/17999/11199/brief-guide/valuationappeal|title=Non-Domestic Rates - Valuation Appeals|date=10 February 2010|website=www.gov.scot|publisher=Scottish Government|language=en-gb|access-date=18 May 2017|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201504/https://www.mygov.scot/non-domestic-rates-guidance/|url-status=live}}</ref> 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 [[Colin Sutherland, Lord Carloway|Lord Carloway]] (Lord President) and [[Leeona Dorrian, Lady Dorrian|Lady Dorrian]] (Lord Justice Clerk) as members with a further four senators specified.<ref>{{cite legislation Scotland|type=ssi|year=2013|number=161|ssi=Act of Sederunt (Lands Valuation Appeal Court) 2013}}</ref>

==Administration==

===Legal aid===
[[Legal aid]], administered by the [[Scottish Legal Aid Board]], is available to persons with little [[disposable and discretionary income|disposable income]] for cases in the Court of Session.<ref>{{cite web|url=http://www.slab.org.uk/getting_legal_help/Extended_eligibility.html|title=Civil Legal Assistance: Many more people to get civil legal aid|publisher=[[Scottish Legal Aid Board]]|quote=Previously, you couldn't get civil legal aid at all if your disposable income was over £10,306... That limit has more than doubled to £25,000.|access-date=2009-09-02|url-status=dead|archive-url=https://web.archive.org/web/20090403013820/http://www.slab.org.uk/getting_legal_help/Extended_eligibility.html|archive-date=2009-04-03}}</ref>

===Rights of audience===
Members of the [[Faculty of Advocates]], known as advocates or [[counsel]], and as of 1990 also some [[solicitors]], known as [[solicitor-advocate]]s, have practically exclusive [[right of audience|rights of audience]] in the court.<ref name="aboutsession">{{cite web|title=About the Court of Session|url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|website=www.scotcourts.gov.uk|publisher=Scottish Courts and Tribunals Service|access-date=6 April 2017|archive-date=14 March 2017|archive-url=https://web.archive.org/web/20170314090907/http://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|url-status=live}}</ref> [[Barristers in England and Wales|Barristers]] from [[England and Wales]] have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal)<ref name="barrister2011">{{cite web|title=English barrister refused right of audience in immigration tribunal in Scotland - Free Movement|url=https://www.freemovement.org.uk/english-barrister-refused-right-of-audience-in-immigration-tribunal-in-scotland/|website=Free Movement|access-date=6 April 2017|date=8 August 2011|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201456/https://www.freemovement.org.uk/english-barrister-refused-right-of-audience-in-immigration-tribunal-in-scotland/|url-status=live}}</ref> and again in 2015 (over an appeal from a tax tribunal)<ref name="barrister2015">{{cite web|title=1532 law keeps English barrister out of Scotland's highest court|url=http://www.legalfutures.co.uk/latest-news/1532-law-keeps-english-barrister-out-of-scotlands-highest-court|website=Legal Futures|publisher=Legal Futures Publishing Limited|access-date=6 April 2017|date=7 May 2015}}</ref> 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.

===Principal Clerk===
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]].<ref name="SCS_intro">{{cite web|url=http://www.scotcourts.gov.uk/docs/you_and_us/recruitment/SCS%20An%20Introduction.pdf|title=Scottish Court Service An Introduction| quote=The Supreme Courts are made up of: the Court of Session, the High Court of Justiciary and the Accountant of Court's Office. The Principal Clerk of Session and Justiciary is responsible for the administration of these areas|publisher=Scottish Court Service|archive-url=https://web.archive.org/web/20110721231546/http://www.scotcourts.gov.uk/docs/you_and_us/recruitment/SCS%20An%20Introduction.pdf| archive-date=21 July 2011| access-date=26 May 2012}}</ref> She is responsible for the administration of the [[Supreme Courts of Scotland]] and their associated staff. Gillian Prentice has been the Principal Clerk since June 2018.<ref name="currentclerk">{{cite web|title=Director and Principal Clerk of Session and Justiciary|url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-supreme-courts/director-and-principal-clerk-of-session-and-justiciary|website=www.scotcourts.gov.uk|publisher=Scottish Courts and Tribunals Service|access-date=20 June 2018|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201003/https://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-supreme-courts/director-and-principal-clerk-of-session-and-justiciary|url-status=live}}</ref>

==Judges==
{{Main|Senators of the College of Justice}}
[[File:Paul Cullen, Lord Pentland.png|thumb|right|180px|[[Paul Cullen, Lord Pentland|Lord Pentland]], current [[Lord President of the Court of Session]]]] 
The court's [[Chief Justice|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.<ref name="act1988p1">{{cite web|title=Part 1 {{!}} Court of Session Act 1988|url=http://www.legislation.gov.uk/ukpga/1988/36/part/I|website=www.legislation.gov.uk|publisher=The National Archives|access-date=6 April 2017|language=en|date=29 July 1988|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200946/https://www.legislation.gov.uk/ukpga/1988/36/part/I|url-status=live}}</ref><ref name="2016-ssi-423">{{cite legislation Scotland|type=ssi|year=2016|number=423|ssi=The Maximum Number of Judges (Scotland) Order 2016}}</ref> Judges are appointed for life, subject to dismissal if they are found unfit for office, and subject to a compulsory retirement age of 75.<ref name="retirement1993">{{cite web|title=Section 26 of Judicial Pensions and Retirement Act 1993|url=http://www.legislation.gov.uk/ukpga/1993/8/section/26|website=www.legislation.gov.uk|access-date=2 April 2017|language=en|date=29 March 1993|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201023/https://www.legislation.gov.uk/ukpga/1993/8/section/26|url-status=live}}</ref> 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''.<ref name="Session Introduction">{{cite web |title=Court of Session – Introduction |url=http://www.scotcourts.gov.uk/session/ |publisher=[[Scottish Court Service]] |access-date=2007-11-23 |archive-date=12 October 2008 |archive-url=https://web.archive.org/web/20081012025036/http://www.scotcourts.gov.uk/session/ |url-status=live }}</ref> There are thirty-four judges,<ref>{{cite web|url=http://www.scotland-judiciary.org.uk/Upload/Documents/JudgesDivisions_feb13.pdf|title=Judges' Divisions February 2013|publisher=Judiciary of Scotland|date=February 2013|access-date=2013-02-16|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200949/https://www.judiciary.scot/|url-status=live}}</ref> in addition to a number of temporary judges; these temporary judges are typically [[Sheriff Court|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.<ref name="Head">{{citation | title=Section 2, Paragraph 1, Judiciary and Courts (Scotland) Act 2008 | url=http://www.statutelaw.gov.uk/documents/2008/6/asp | periodical=Acts of the Scottish Parliament | volume=2008 | issue=6 | page=2(1) | access-date=2009-08-29 | quote=The Lord President is the Head of the Scottish Judiciary. | archive-date=14 February 2021 | archive-url=https://web.archive.org/web/20210214200949/https://www.legislation.gov.uk/asp/2008/6/contents | url-status=live }}</ref><ref>{{citation| title=Section 18, Court of Session Act 1830| url=http://www.statutelaw.gov.uk/documents/1830/69/ukpga| periodical=Acts of the Parliament of the United Kingdom| volume=69| page=18| quote=Office of lord justice general to devolve on lord president.| date=1830-07-23| access-date=31 August 2009| archive-date=14 February 2021| archive-url=https://web.archive.org/web/20210214201021/https://www.legislation.gov.uk/ukpga/Geo4and1Will4/11/69/contents| url-status=live}}</ref>

===Appointment and removal===
To be eligible for appointment as a senator, or temporary judge, a person must have served at least five years as sheriff or sheriff principal, been an advocate for five years, a [[solicitor]] with five years rights of audience before the Court of Session or High Court of Justiciary, or been a [[Writer to the Signet]] for ten years (having passed the exam in civil law at least two years before application).<ref name="senator">{{cite web|title=Senators of the College of Justice - Judicial Office Holders - About the Judiciary - Judiciary of Scotland|url=http://www.scotland-judiciary.org.uk/34/0/Senators-of-the-College-of-Justice|website=www.scotland-judiciary.org.uk|publisher=Judicial Office for Scotland|access-date=2 April 2017|language=en|date=2017|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201024/https://www.judiciary.scot/|url-status=live}}</ref><ref name="eligibility">{{cite web|title=Eligibility for Judicial Appointment {{!}} Judicial Appointments Board for Scotland|url=https://www.judicialappointments.scot/guide-appointment-process/eligibility-judicial-appointment|website=www.judicialappointments.scot|publisher=Judicial Appointments Board for Scotland|access-date=4 April 2017|language=en|date=2016|archive-url=https://web.archive.org/web/20170405170222/https://www.judicialappointments.scot/guide-appointment-process/eligibility-judicial-appointment|archive-date=5 April 2017|url-status=dead|df=dmy-all}}</ref>
Appointments are made by the [[Monarchy of the United Kingdom|King]] on the recommendation of the [[First Minister of Scotland]] who receives recommendations from 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).<ref name="act2008board">{{cite web|title=Sections 9 to 18, Judiciary and Courts (Scotland) Act 2008|url=http://www.legislation.gov.uk/asp/2008/6/part/2/chapter/3/crossheading/judicial-appointments-board-for-scotland|website=www.legislation.gov.uk|publisher=The National Archives|access-date=1 April 2017|language=en|date=29 October 2008|quote=The judicial offices within the Board's remit are— (a) the office of judge of the Court of Session, … (c) the office of temporary judge (except in any case where the individual to be appointed to the office holds or has held one of the offices mentioned in subsection (2))…]|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214201027/https://www.legislation.gov.uk/asp/2008/6/part/2/chapter/3/crossheading/judicial-appointments-board-for-scotland|url-status=live}}</ref> Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers.<ref name="act1988p1" />

The Lord President, Lord Justice Clerk and other senators can be removed from 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 [[Monarchy of the United Kingdom|the Monarch]].<ref name="removal">{{cite web|title=Chapter 5 of Judiciary and Courts (Scotland) Act 2008|url=http://www.legislation.gov.uk/asp/2008/6/part/2/chapter/5|website=www.legislation.gov.uk|publisher=The National Archives|access-date=3 April 2017|language=en|date=29 October 2008|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200957/https://www.legislation.gov.uk/asp/2008/6/part/2/chapter/5|url-status=live}}</ref><ref name="independence">{{cite web|title=Judicial independence|url=http://www.scotland-judiciary.org.uk/Upload/Documents/JudicialIndependence_2.pdf|website=judiciary-scotland.org.uk|publisher=Judicial Office for Scotland|access-date=3 April 2017|language=en|archive-date=14 February 2021|archive-url=https://web.archive.org/web/20210214200959/https://www.judiciary.scot/|url-status=live}}</ref>

===Lord President===
{{main||Lord Justice Clerk}}
The [[Lord President of the Court of Session|Lord President]] is the most senior judge of the Court of Session, and is also president of the First Division of the Inner House. The [[Lord 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.

===Inner House===
<!--The list of judges is transcluded from the article "Senators of the College of Justice" and should be edited on that page, not this one.-->
{{#section-h:Senator of the College of Justice|Inner House}}

===Outer House===
<!--The list of judges is transcluded from the article "Senators of the College of Justice" and should be edited on that page, not this one.-->
{{#section-h:Senator of the College of Justice|Outer House}}

==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]]

== Notes ==
{{notelist}}

== References ==
{{Reflist|30em}}

==Further reading==
* {{cite book|last=Erskine|first=John|author2=Mackenzie, George |author3=Ivory, James |title=An institute of the law of Scotland: in four books : in the order of Sir George Mackenzie's Institutions of that law|url=https://archive.org/details/aninstitutelaws01ivorgoog|publisher=Bell & Bradfute|year=1824}}
* {{cite book|last=Maidment|first=James|title=The Court of session garland|url=https://archive.org/details/courtsessiongar00maidgoog|publisher=T.G. Stevenson|year=1839}}
* {{cite book|last=Burton|first=John Hill|title=Manual of the law of Scotland|url=https://archive.org/details/manuallawscotla00burtgoog|publisher=Oliver & Boyd|year=1847}}
* {{cite book|last=Shand|first=Charles Farquhar|author2=Darling, James Johnston|title=The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833|publisher=T. & T. Clark|year=1848|url=https://archive.org/details/practicecourtse00shangoog|access-date=18 November 2009}}
* {{cite book|last=Lorimer|first=James|author2=Bell, Russell|title=A handbook of the law of Scotland|url=https://archive.org/details/ahandbooklawsco00lorigoog|publisher=T. & T. Clark|year=1885}}
* {{cite book|last=Donaldson|first=George|title=Scotland: James V to James VII|publisher=Oliver & Boyd|year=1965}}

==External links==
* [https://www.scotcourts.gov.uk Scottish Courts and Tribunals Service (SCTS)]
* [https://www.nrscotland.gov.uk/research/guides/court-of-session-records Court of Session Digital Archive] ({{Webarchive|url=https://web.archive.org/web/20201128105813/https://www.nrscotland.gov.uk/research/guides/court-of-session-records |date=28 November 2020 }})
* [https://www.advocates.org.uk Faculty of Advocates]
* [https://www.slab.org.uk Scottish Legal Aid Board]

{{Court of Session}}
{{CourtsScotland2}}

{{DEFAULTSORT:Court Of Session}}
[[Category:Court of Session| ]]
[[Category:1532 establishments in Scotland]]
[[Category:16th century in Scotland]]
[[Category:Appellate courts]]
[[Category:Civil law (common law)]]
[[Category:Royal Mile]]
[[Category:College of Justice]]
[[Category:Privy Council of Scotland]]
[[Category:Courts and tribunals established in 1532]]