The Supreme Civil Court of Scotland. It consists of thirteen Judges, or "Lords of Session," and is divided into the Outer and Inner House. Five Judges, called Lords Ordinary, constitute the
Outer House, each of whom sits separately, and before any one of whom most actions may be commenced. Unless it is of unusual difficulty, in which case the Lord Ordinary may "report" (transfer) it to the Inner House, he hears it fully and pronounces judgment. Against the judgment an appeal lies to the Inner House. The Inner House sits in two Divisions, the First and Second, four Judges sitting in each, and each Division being of co-extensive and independent jurisdiction. In very difficult cases either Division may consult the other Judges, or order the case to be
heard before the whole Judges, which is called a "Hearing in presence," and the case is then decided by the opinion of the majority. From either Division an appeal lies only to the House of Lords. Appeals to the Court of Session from inferior Courts may generally be taken either before one of the Lords Ordinary (whose decision in that case is final), or before either Division of the Inner House. In all cases the plaintiff or appellant selects the Lord Ordinary and the Division to which the cause is to be attached.

Source: Kinnear, Digest of House of Lords cases (1865), pg. 352.

There is currently no content classified with this term.

Subscribe to RSS - COURT OF SESSION.