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 ] 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

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. As of May 2017, the Lord President was Lord Carloway, who was appointed on 19 December 2015, and the Lord Justice Clerk was Lady Dorrian, who was appointed on 13 April 2016. In 1887 all of the Lords of Session were made Lords Commissioners of Justiciary, and thus judges of the High Court of Justiciary, following the passage of the Criminal Procedure (Scotland) Act 1887. [20] Remit and jurisdiction [ edit ] Civil cases [ edit ] a b Scottish Parliament. Court Reforms (Scotland) Act 2014 as amended (see also enacted form), from legislation.gov.uk. In section 3, in the definition of “judge” the words “As to Scotland, any judge of the High Court of Session; and”.In section 28 the words from “all actions on account of any injury to moveables” to “seduction”, from “all actions on the responsibility” to “nuisance” and from “all actions on policies” to the end and that section so far as relating to the jury court and the Court of Admiralty. Section 1 in so far as it enables the senior Lord Ordinary to fill a vacancy arising in the Inner House. 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. The jurisdiction of the Court of Session extends beyond statutory and common law powers, with the Court having an equitable and inherent jurisdiction called the nobile officium, [30] [31] unique among British courts. [32] The nobile officium enables the court to provide a legal remedy where statute or the common law are silent, and prevent mistakes in procedure or practice that would lead to injustice. The exercise of this power is limited by adherence to precedent, and when legislation or the common law do not already specify the relevant remedy. Thus, the court cannot set aside a statutory power, but can deal with situations where the law is silent, or where there is an omission in statute. Such an omission is sometimes termed a casus improvisus. [33] [34]

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. A General History of Scots Law (15th – 18th Centuries)" (PDF). Law Society of Scotland . Retrieved 10 September 2013. [ permanent dead link] Reid, Kenneth (21 December 2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7.

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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). Judicial Appointments – How are judges appointed?". Judiciary of Scotland. Edinburgh: Judicial Office for Scotland. Archived from the original on 14 February 2021 . Retrieved 27 May 2012. law keeps English barrister out of Scotland's highest court". Legal Futures. Legal Futures Publishing Limited. 7 May 2015 . Retrieved 6 April 2017. Robert Wyness Millar (1932). "Civil Pleading in Scotland". Michigan Law Review. The Michigan Law Review Association. 30 (4): 546–547. doi: 10.2307/1280689. JSTOR 1280689.

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. 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 ] 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). Exchequer Court (Scotland) Act 1856", Acts of the Parliament of the United Kingdom, UK Statute Law Database, vol.1856, no.56, p.1, archived from the original on 14 February 2021 , retrieved 2 September 2009, The whole power, authority, and jurisdiction at present belonging to the Court of Exchequer in Scotland, as at present constituted, shall be transferred to and vested in the Court of Session, and the Court of Session shall be also the Court of Exchequer in Scotland.Reid, Kenneth (2000). A History of Private Law in Scotland. Oxford University Press. ISBN 978-0-19-829941-7. Section 72 so far as relating to appeals from the sheriff, except the words “although such law is not pleaded on the record”. Smith, Thomas Broun (1961). British justice: the Scottish contribution. London: Stevens & Sons. p.54.

The Lords of Council and Session had previously been part of the King's Council, [4] [5] but after receiving support in the form of a papal bull of 1531, King James V established a separate institution—the College of Justice or Court of Session—in 1532, with a structure based on that of the Parlement of Paris. The Lord Chancellor of Scotland was to preside over the court, which was to be composed of fifteen lords appointed from the King's Council. [6] [7] [8] Seven of the lords had to be churchmen, while another seven had to be laymen. [9] An Act of Parliament in 1640 restricted membership of the court to laymen only, by withdrawing the right of churchmen to sit in judgement. [10] The number of laymen was increased to maintain the number of lords in the court.

a b "ADMINISTRATION OF JUSTICE IN SCOTLAND.» 18 Oct 1834» The Spectator Archive". The Spectator Archive. The Spectator (1828) Ltd. 18 October 2014. pp.12–13. Archived from the original on 14 February 2021 . Retrieved 7 May 2017. Power to provide for single judge of Inner House to determine leave or permission and assess grounds of appeal