Court of Session Act 1988

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Court of Session Act 1988

Court of Session Act 1988

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a b Shand, Charles Farquhar; Darling, James Johnston (1848). "Chapter I. Of the institution of the Court". The practice of the Court of Session: on the basis of the late Mr. Darling's work of 1833. Edinburgh: T. & T. Clark. Archived from the original on 14 February 2021 . Retrieved 30 October 2020. Scottish Parliament. Act of Sederunt (Regulation of Advocates) 2011 as made, from legislation.gov.uk.

Lord Advocate to sue and be sued on behalf of the Crown.: Except where any enactment otherwise provides, all exchequer causes brought— Members of the Faculty of Advocates, known as advocates or counsel, and as of 1990 also some solicitors, known as solicitor-advocates, have practically exclusive right of audience rights of audience in the court. [65] Barristers from England and Wales have no right of audience, which caused controversy in 2011 (over an appeal from an immigration tribunal) [66] and again in 2015 (over an appeal from a tax tribunal) [67] when barristers recognised by the General Council of the Bar were denied the right to take an appeal on behalf of clients they had represented at tribunal. Section 3,Court of Session Act 1988", Acts of the United Kingdom Parliament, Office of Public Sector Information, vol.1988, no.36, p.I(3), archived from the original on 14 February 2021 , retrieved 20 November 2007, One of the judges of the Court who usually sits as a Lord Ordinary shall be appointed by the Lord President to act as Lord Ordinary in exchequer causes, and no other judge shall so act unless and until such judge is appointed in his place Court of Session – Introduction". Scottish Court Service. Archived from the original on 12 October 2008 . Retrieved 23 November 2007. Each division is made up of five Judges, but the quorum is three. Chapter 5 of 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 3 April 2017.Section 18, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, vol.69, p.18, 23 July 1830, archived from the original on 14 February 2021 , retrieved 31 August 2009, Office of lord justice general to devolve on lord president. 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 ] Reid, Kenneth (21 December 2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7. 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.

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 ] 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 . Retrieved 18 November 2009.a b "Role of the Supreme Court". Supreme Court of the United Kingdom. Archived from the original on 14 February 2021 . Retrieved 2 September 2009. Scottish Parliament. Act of Sederunt (Lands Valuation Appeal Court) 2013 as made, from legislation.gov.uk. The administration of the court is part of the Scottish Courts and Tribunals Service, and is led by the Principal Clerk of Session and Justiciary. [85] The Principal Clerk is responsible for the administration of the Supreme Courts of Scotland and their associated staff. As of June 2018, the Principal Clerk is Gillian Prentice. [86] See also [ edit ]

Rule Making". www.scottishciviljusticecouncil.gov.uk. Scottish Civil Justice Council. Archived from the original on 14 February 2021 . Retrieved 6 May 2017. Chapter 48, Rules of the Court of Session". Scottish Court Service. Archived from the original on 21 March 2008 . Retrieved 20 November 2007. Exchequer causes Section 28, Court of Session Act 1988", Acts of the Parliament of the United Kingdom, UK Statute Law Database, vol.1988, no.36, p.V(28), archived from the original on 14 February 2021 , retrieved 2 September 2009, Any party to a cause initiated in the Outer House either by a summons or a petition who is dissatisfied with an interlocutor pronounced by the Lord Ordinary may, except as otherwise prescribed, reclaim against that interlocutor within such period after the interlocutor is pronounced, and in such manner, as may be prescribed. Chapter 55 – Causes relating to intellectual property" (PDF), Rules of the Court of Session, Scottish Courts Service, vol.2006, p.55.2, archived (PDF) from the original on 30 June 2021 , retrieved 30 June 2021, All proceedings in the Outer House in a cause to which this chapter applies shall be brought before a judge of the court nominated by the Lord President as the intellectual property judge or, where the intellectual property judge is not available, any other judge of the court (including the vacation judge).

Changes over time for: Section 27A

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))…] The Courts Act 1672 allowed for five of the Lords of Session to be appointed as Lords Commissioners of Justiciary, and as such becomes judges of the High Court of Justiciary. The High Court of Justiciary is the supreme criminal court of Scotland. Previously the Lord Justice General, the president of the High Court, had appointed deputes to preside in his absence. [11] From 1672 to 1887, the High Court consisted of the Lord Justice General, Lord Justice Clerk, and five Lords of Session. [12] Treaty of Union [ edit ]



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