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Court of Session

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

Court of Session
Royal Coat of Arms of the United Kingdom as used by the courts in Scotland
Map
55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191
Established1532 (1532)
LocationParliament House, Edinburgh
Coordinates55°56′56″N 3°11′28″W / 55.949°N 3.191°W / 55.949; -3.191
Composition methodExecutive selection[1]
Authorised by
Appeals toUK Supreme Court[2]
Appeals fromIts own Outer House
Sheriff court
Various tribunals
Websitewww.scotcourts.gov.uk
Lord President
CurrentlyLord Carloway
Since19 December 2015
Part of a series on
Scots law
Administration
Civil courts
Criminal courts
Special courts
Criminal prosecution
Legal profession
Court of Session Act 1988
Act of Parliament
Parliament of the United Kingdom
Long titleAn 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.
Citation1988 c. 36
Dates
Royal assent29 July 1988
Other legislation
Repeals/revokes
Status: Current legislation
Text of statute as originally enacted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 the highest national court of Scotland in civil cases. The court was established in 1532 to take on judicial functions previously exercised by the Scottish king and nobility. Its early jurisdiction overlapped with a number of other royal, state and church courts. As these were disbanded, the role of the Court of Session ascended. The acts establishing the United Kingdom provided that the Court of Session will "remain in all time coming". Today the court 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.

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 Scottish Courts and Tribunals Service and the Principal Clerk administers the court and judges.

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.[3]

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 of Session has sat at Parliament House since 1707.[7]

  1. ^ "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.
  2. ^ "Role of the Supreme Court". Supreme Court of the United Kingdom. Archived from the original on 14 February 2021. Retrieved 2 September 2009.
  3. ^ Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
  4. ^ 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.
  5. ^ 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)
  6. ^ Cowan, David (27 June 2023). "Court of Session streaming service goes live". BBC News.
  7. ^ "Parliament Hall". Scottish Parliament. Archived from the original on 25 September 2010. Retrieved 18 July 2010.

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