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Concept
Court of Session
Summary
The Court of Session (Cùirt an t-Seisein) is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.
The court is a unitary collegiate court, with all judges other than the Lord President of the Court of Session 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. The Lord President is chief justice of the court, and also head of the judiciary of Scotland; the Lord Justice Clerk is his deputy. There are 35 senators, in addition to a number of temporary judges; these temporary judges are typically serving sheriffs and sheriffs principal, or advocates in private practice. The senators sit also in the High Court of Justiciary, where the Lord President is called the Lord Justice General, and senators are known as Lords Commissioners of Justiciary.
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.
Official source
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