Court of Session - The Outer House, The Inner House

The supreme civil court in Scotland, which sits in Edinburgh, and which deals primarily with civil appeals and some civil trials. It has an Outer House and a more senior Inner House, headed by the Lord President, Scotland's senior judge. Appeal lies to the House of Lords on matters of law.

Scots law This article is part of the series: Courts of Scotland

Scottish Court Service College of Justice

Civil courts Privy Council House of Lords Court of Session Lord President Sheriff Court Sheriff

Criminal courts High Court of Justiciary Lord Justice-General Sheriff Court Sheriff Principal Sheriff District Court Justice of the Peace

Special courts Court of the Lord Lyon Lord Lyon King of Arms Children's Hearings

Criminal justice Lord Advocate Crown Office Advocate Depute Procurator Fiscal

Advocates and solicitors Faculty of Advocates Advocate Law Society of Scotland Solicitor-Advocate Solicitor

The Court of Session is the supreme civil court in Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh. The Sheriff Court is the other Scottish civil court; Although the two courts have a largely co-extensive jurisdiction, with the choice of court being given in the first place to the pursuer (petitioner), the vast majority of difficult or high-value cases in Scotland are brought in the Court of Session.

Modelled on the Parlement of Paris when it was first founded by King James V in 1532, the Court of Session is notionally 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/Lady of Council and Session. The judges sit also in the High Court of Justiciary, and the Lord President is also, as president of that court, the Lord Justice General. These are generally incorporated into the Rules of Court, which are published by the Scottish Court Service.

Since 1808, the Court has been divided into the Outer House and the Inner House.

The Outer House

The Outer House is a court of first instance, although some statutory appeals are remitted to it by the Inner House.

The Inner House

The Inner House is sub-divided into two divisions of equal authority and jurisdiction - the First Division, headed by the Lord President;

The Inner House will sit as a court of first instance in respect of special cases.

Unlike the High Court of Justiciary, which deals with Scottish criminal cases, and whose decisions cannot in general be appealed beyond Scotland, appeals can be taken from the Court of Session to the House of Lords (and to the proposed Supreme Court of the United Kingdom).

It was formerly argued that the Act of Union 1707 expressly forbade appeals from the Court of Session to the House of Lords.