Legal Definitions - Inner House

The Inner House is a specific division within the Court of Session, which is Scotland's supreme civil court. Its primary role is to act as an appellate court, meaning it hears appeals from decisions made by lower courts or by a single judge within the Court of Session itself.

Think of it as the "appeals department" for civil cases at the highest level in Scotland. If someone believes a legal decision in a civil matter was incorrect, they might ask the Inner House to review it.

• Example 1: Business Contract Dispute

  A Scottish company, "Caledonian Widgets Ltd.," sued a supplier for breach of contract in the Outer House (the first instance division of the Court of Session). The judge ruled in favor of the supplier. Dissatisfied with this outcome, Caledonian Widgets Ltd. decides to challenge the decision. They would then lodge an appeal with the Inner House, asking a panel of judges there to review the original judge's interpretation of the contract and the evidence presented.

  This illustrates the Inner House's function as an appellate body, reviewing a decision made by a single judge in a lower division of the same court.

• Example 2: Public Law Challenge

  A group of environmental activists in Scotland sought a judicial review in the Outer House to challenge a government minister's decision to approve a new construction project, arguing it violated environmental regulations. The Outer House judge upheld the minister's decision. The activists, believing there was an error in law, then appealed this judgment to the Inner House. The Inner House judges would then consider whether the initial judicial review correctly applied the relevant environmental laws and administrative procedures.

  Here, the Inner House is again acting as an appellate court, but in the context of a public law challenge, demonstrating its broad civil appellate jurisdiction.

• Example 3: Professional Negligence Claim

  An individual sued their former solicitor for professional negligence in the Sheriff Court (a lower civil court in Scotland). The Sheriff Court found the solicitor liable and awarded damages. The solicitor, believing the Sheriff made an error in assessing the standard of care expected, appealed the decision to the Court of Session. This appeal would ultimately be heard by the Inner House, which would then review the evidence and legal arguments to determine if the Sheriff's judgment on negligence was correct.

  This example shows the Inner House's role in hearing appeals that originate from even lower courts within the Scottish civil justice system, solidifying its position as a high-level appellate body.