The Inner House is the senior part of the

Court of Session The Court of Session 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 othe ...

, the supreme civil

court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

; the

Outer House The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted ...

forms the junior part of the Court of Session. It is a

court of appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

and a

court of first instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...

. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled '' Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition:

Criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...

s in

are handled by the High Court of Justiciary sitting as the

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

. The Inner House is the part of the Court of Session which acts as a

for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon,

Scottish Land Court The Scottish Land Court () is a Courts of Scotland, Scottish court of law based in Edinburgh with subject-matter jurisdiction covering disputes between landlords and tenants relating to Tenant farmer, agricultural tenancies, and matters relat ...

, and the

Lands Tribunal for Scotland The Lands Tribunal for Scotland () is a tribunal with jurisdiction over land and property in Scotland, relating to title obligations, compulsory purchase and other private rights. The Tribunal was established under the Lands Tribunal Act 194 ...

. It will hear appeals on questions of law from the

Sheriff Appeal Court The Sheriff Appeal Court () is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff co ...

. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least three senators and does not sit with a jury. The division of the Court into two houses was first enacted by the Court of Session Act 1810 and most recently confirmed by the Court of Session Act 1988.

Remit and jurisdiction

First instance jurisdiction

The Inner House will sit as a court of first instance in respect of special cases, where the facts are not disputed but where a significant legal difficulty has arisen. Such a case may be appealed to another panel of the Inner House, but constituted with a greater number of senators than the initial panel. Further appeals are also possible to the Supreme Court of the United Kingdom.

Appellate jurisdiction

Almost all hearings in the Inner House are 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. 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 this Extra Division sits frequently nowadays. The appellate jurisdiction of the Inner House was substantially altered by the Courts Reform (Scotland) Act 2014 which created the

, which now sees civil appeals 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 point of law, or are particularly complex: Section 48 of the Courts Reform (Scotland) Act 2014 establishes the precedent of judgments in the Sheriff Appeal Court, so that when the Sheriff Appeal Court makes a decision on a

question of law In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evide ...

, it is binding in every

sheriffdom A sheriffdom is a judicial district in Scotland, led by a sheriff principal. Since 1 January 1975, there have been six sheriffdoms. Each sheriffdom is divided into a series of sheriff court districts, and each sheriff court is presided over by a r ...

for every sheriff court and every justice of the peace court. The decision is also binding on the Sheriff Appeal Court, unless it convenes a bench with a greater number of Appeal Sheriffs than the original court.

Appeals to the Supreme Court of the United Kingdom

Unlike the High Court of Justiciary, which deals with Scottish criminal cases, and whose decisions cannot in general be appealed beyond Scotland, appeals could be taken from the Court of Session to the Supreme Court of the United Kingdom. The constitutional settlement introduced by the

Scotland Act 1998 The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was o ...

further provided that, in cases where a 'devolution issue' arose, an appeal would lie, and the Inner House can remit a case, to the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August ...

. Both these types of appeal will go instead to the new Supreme Court of the United Kingdom from 2009. It was formerly argued that the

Act of Union 1707 The Acts of Union refer to two acts of Parliament, one by the Parliament of Scotland in March 1707, followed shortly thereafter by an equivalent act of the Parliament of England. They put into effect the international Treaty of Union agree ...

expressly forbade appeals from the Court of Session to the

House of Lords The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...

. Throughout the eighteenth and nineteenth centuries this was a matter of great concern, as Scottish cases were typically decided by Law Lords with no background in

Scots Law Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...

. In modern times, the few cases which were so appealed were heard by a judicial committee of five which included at least two senior Scottish judges, but the existence of this right of appeal has been criticised. This debate also spilled into the debate as to whether the judicial functions of the House of Lords and Privy Council should be consolidated in a new Supreme Court of the United Kingdom. The ability to appeal to the House of Lords was confirmed by the Court of Session Act 1988.

References

External links