College of Justice Act 1532 (as enacted)". Records of the Parliament of Scotland. University of St Andrews. APS ii 335 (c. 2). 17 May 1532. Archived from the original on 14 February 2021 . Retrieved 6 July 2021. An Act of Sederunt, Act of Sederunt (Regulation of Advocates) 2011, devolves authority to the Faculty of Advocates to regulate 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. [50] Structure [ edit ] 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; 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 Houses and Lords Ordinary [ edit ] Sections 9 to 18, Judiciary and Courts (Scotland) Act 2008". www.legislation.gov.uk. The National Archives. 29 October 2008. Archived from the original on 14 February 2021 . Retrieved 1 April 2017. 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))…]

Scottish Court Service An Introduction" (PDF). Scottish Court Service. Archived from the original (PDF) on 21 July 2011 . Retrieved 26 May 2012. 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 Scottish Government (6 February 2014). Policy Memorandum, Courts Reform (Scotland) Bill (PDF) (Report). Scottish Parliament. Archived (PDF) from the original on 21 April 2017 . Retrieved 20 April 2017. Appointments are made by the First Minister of Scotland on the recommendation of 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). [75] Appointments to the Inner House are made by the Lord President and Lord Justice Clerk, with the consent of the Scottish Ministers. [68] Removal from office [ edit ] 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.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, Lord Advocate, that the judges of the Court of Session had considerable duties, which he listed as: [19] Court of Session Act 1988: "Part I Constitution and Administration of the Court". Office of Public Sector Information. Archived from the original on 14 February 2021 . Retrieved 23 November 2007. Eligibility for Judicial Appointment | Judicial Appointments Board for Scotland". www.judicialappointments.scot. Judicial Appointments Board for Scotland. 2016. Archived from the original on 5 April 2017 . Retrieved 4 April 2017. Shand, Charles Farquhar; Darling, James Johnston (1848). The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833. T. & T. Clark. p.65 . Retrieved 18 November 2009. Section 2, Paragraph 1, Judiciary and Courts (Scotland) Act 2008", Acts of the Scottish Parliament, vol.2008, no.6, p.2(1), archived from the original on 14 February 2021 , retrieved 29 August 2009, The Lord President is the Head of the Scottish Judiciary.

Scottish Parliament. Tribunals (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk. Part V, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, UK Statute Law Database, vol.1988, no.36, p.V, archived from the original on 14 February 2021 , retrieved 2 September 2009, Appeal and Review

Changes over time for: Court of Session Act 1988

Section 40 so far as relating to proofs in inferior courts other than sheriff courts and in that section the words from “Provided however” to “repealed” and from “but it is” to the end. Judges' Divisions February 2013" (PDF). Judiciary of Scotland. February 2013. Archived from the original on 14 February 2021 . Retrieved 16 February 2013.

About the Court of Session". www.scotcourts.gov.uk. Scottish Courts and Tribunals Service. Archived from the original on 14 March 2017 . Retrieved 6 April 2017. a b c "Court of Session – Introduction". Scottish Court Service. Archived from the original on 12 October 2008 . Retrieved 23 November 2007. The Court of Session constitutes part of the College of Justice, and is divided into two houses. The Lords Ordinary sit in the Outer House, and usually singly. The Lords of Council and Session sit in the Inner House, typically in threes. The nature of cases referred to the Court of Session will determine which house that case shall be heard in. Courts Act 1672 (as enacted)". Records of the Parliaments of Scotland. University of St Andrews. 1672. Archived from the original on 14 February 2021 . Retrieved 4 April 2017.

Changes over time for: Section 40A

Reid, Kenneth (21 December 2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7. 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. [36] [37] 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. [38]

Section 1 except in so far as it enables the senior Lord Ordinary to fill a vacancy arising in the Inner House. Restoration of possession and specific performance.: The Court may, on application by summary petition— About the High Court". Scottish Courts Service. Archived from the original on 23 April 2021 . Retrieved 30 June 2021. The High Court of Justiciary is Scotland's supreme criminal court… When exercising its appellate jurisdiction it sits only in Edinburgh. 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 [2] (or sometimes to the Judicial Committee of the Privy Council). In section 72 the words “although such law is not pleaded on the record” and that section except so far as relating to appeals from the sheriff.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. [62] It hears cases where the decision of a local Valuation Appeal Committee is disputed. [63] 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 Lord Carloway (Lord President) and Lady Dorrian (Lord Justice Clerk) as members with a further four senators specified. [64] Rights of audience [ edit ] Samuel Rosenbaum (1915), "Rule-Making in the Courts of the Empire", Journal of the Society of Comparative Legislation, New Series, Cambridge University Press, vol.15, no.2, pp.132–133, JSTOR 752486 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.) [73] [74] 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. [23] There are thirty-four judges, [70] in addition to a number of temporary judges; these temporary judges are typically 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. [71] [72] Appointment [ edit ]