Inner House
Encyclopedia
The Inner House is the senior part of the Court of Session
, the supreme
civil
court
in Scotland
; the Outer House
forms the junior part of the Court of Session. It is a court of appeal
and a court of first instance
. 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
. Criminal
appeal
s in Scotland
are handled by the High Court of Justiciary
sitting as the Court of Appeal.
The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Sheriff Court
s, the Court of the Lord Lyon
, Scottish Land Court
, and the Lands Tribunal for Scotland
. 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
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 House of Lords
. The constitutional settlement introduced by the Scotland Act 1998
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
. 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 expressly forbade appeals from the Court of Session to the House of Lords
. 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
. 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.
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, the supreme
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
court
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
; the Outer House
Outer House
The Outer House 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 to it by the other more senior part, the Inner House...
forms the junior part of the Court of Session. It is a court of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
and a court of first instance
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
. The chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
is the Lord President
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
, with their deputy being the Lord Justice Clerk
Lord Justice Clerk
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.The holder has the title in both the Court of Session and the High Court of Justiciary and is in charge of the Second Division of Judges in the Court of Session...
, and judges of the Inner House are styled Senators of the College of Justice
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
or Lords of Council and Session
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
. Criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
are handled by the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
sitting as the Court of Appeal.
The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
s, the Court of the Lord Lyon
Court of the Lord Lyon
The Court of the Lord Lyon, also known as the Lyon Court, is a standing court of law which regulates heraldry in Scotland. Like the College of Arms in England it maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of...
, Scottish Land Court
Scottish Land Court
The Scottish Land Court is a Scottish court of law based in Edinburgh with subject-matter jurisdiction for disputes between landlords and tenants relating to agricultural tenancies and matters related to crofts and crofters. The Chairman of the Scottish Land Court is ranked as a Senator of the...
, and the Lands Tribunal for Scotland
Lands Tribunal for Scotland
The Lands Tribunal for Scotland is a civil court with jurisdiction over certain matters relating to land and property in Scotland. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland.Although the...
. 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
Court of Session Act 1810
The Court of Session Act 1810 was an Act of the Parliament of the United Kingdom reforming Scotland's highest court, the Court of Session. This Act was a follow-up Act to the Court of Session Act 1808 in reforming the Court of Session, creating the two divisions known as the Inner House and the...
and most recently confirmed by the Court of Session Act 1988
First instance jurisdiction
The Inner House will sit as a court of first instance in respect of special cases. A special case is one where the facts are not disputed but where a significant legal difficulty has arisen, such as appeals from the Scottish Information Commissioner.Appellate jurisdiction
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. 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. In practice, 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.Unlike the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
, 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 House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
. The constitutional settlement introduced by the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
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
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
. Both these types of appeal will go instead to the new Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
from 2009.
It was formerly argued that the Act of Union 1707 expressly forbade appeals from the Court of Session to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. 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
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
. In modern times, the few cases which were so appealed were heard by a judicial committee
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
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
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
should be consolidated in a new Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
. The ability to appeal to the House of Lords was confirmed by the Court of Session Act 1988.