Legal Definitions - Court of Session

The Court of Session is Scotland's supreme civil court, meaning it is the highest court in Scotland that deals with non-criminal legal disputes. Its role is broadly comparable to the High Court of Justice and the Court of Appeal in England and Wales, but it operates under the distinct legal system of Scots law.

The Court of Session is divided into two main parts:

• The Outer House: This is where most cases begin. A single judge, known as a Lord Ordinary, hears cases for the first time, including trials where evidence is presented and facts are established. It handles a wide range of complex civil matters.
• The Inner House: This is the appellate division. It hears appeals from decisions made in the Outer House or from certain other lower courts. Cases in the Inner House are typically heard by a panel of three judges who review legal arguments and previous judgments.

While its primary function is within the Scottish legal system, in a few other jurisdictions, the term "Court of Session" might refer to a court with jurisdiction over criminal cases.

Examples:

• Example 1 (Outer House - Commercial Dispute): A Scottish technology startup accuses a larger competitor of infringing its patent for a new software algorithm, seeking substantial damages and an injunction to stop the competitor from using the technology. The startup initiates legal proceedings.

  Explanation: This complex intellectual property dispute, involving significant financial claims and technical evidence, would typically be brought before the Outer House of the Court of Session. A Lord Ordinary would preside over the initial trial, hear expert testimony, and make a decision on whether patent infringement occurred and what remedies are appropriate.

• Example 2 (Inner House - Judicial Review Appeal): A local community group challenges a decision by a Scottish government minister to grant planning permission for a large industrial development, arguing that the minister failed to properly consider environmental impacts. After their initial challenge in the Outer House is unsuccessful, they decide to appeal.

  Explanation: The community group's initial legal challenge (a form of judicial review) would have been heard in the Outer House. When they appeal that decision, the case moves to the Inner House of the Court of Session. Here, a panel of three judges would review the legal arguments and the previous judge's ruling to determine if there was a legal error in the minister's decision or the Outer House's judgment.

• Example 3 (Outer House - Professional Negligence): A client sues their former solicitor for professional negligence, alleging that the solicitor's poor advice led to significant financial losses in a property transaction. The claim involves a substantial sum of money and detailed legal arguments about the standard of care expected from a legal professional.

  Explanation: Cases involving claims of professional negligence against solicitors, doctors, or other professionals, especially when they involve significant damages and complex legal principles, are typically heard in the Outer House of the Court of Session. A Lord Ordinary would hear the evidence, assess the solicitor's conduct against professional standards, and determine if negligence occurred and what compensation is due.