The Court of Session is the supreme civil court of Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh. The Sheriff Court is the other Scottish civil court; this sits locally. Although the two courts have a largely co-extensive jurisdiction, with the choice of court being given in the first place to the pursuer (petitioner), the vast majority of difficult or high-value cases in Scotland are brought in the Court of Session.

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  • The Court of Session is the supreme civil court of Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh. The Sheriff Court is the other Scottish civil court; this sits locally. Although the two courts have a largely co-extensive jurisdiction, with the choice of court being given in the first place to the pursuer (petitioner), the vast majority of difficult or high-value cases in Scotland are brought in the Court of Session. Legal aid, administered by the Scottish Legal Aid Board, may be available. Modelled on the Parlement of Paris when it was first founded by King James V in 1532, the Court of Session is notionally a unitary collegiate court, with all judges other than the Lord President and the Lord Justice Clerk holding the same rank and title - Senator of the College of Justice and also Lord/Lady of Council and Session. The number of judges is now thirty-four (four of whom are women); there are also a number of temporary judges, who are typically either sheriffs or Advocates in private practice. The judges sit also in the High Court of Justiciary, and the Lord President is also, as president of that court, the Lord Justice General. The Court of Session has extensive powers to regulate its own procedures and practice by Acts of Sederunt. These are generally incorporated into the Rules of Court, which are published by the Scottish Court Service and form the basis for Scots civil procedure. Members of the Faculty of Advocates, known as advocate or counsel and corresponding approximately to a barrister, have practically exclusive rights of audience; although since 1990 some solicitors, known as solicitor-advocates, have a right of audience, few will exercise it in cases of any difficulty and these only rarely. The Court of Session Act 1810, divided the Court into the Outer House and the Inner House. In Scotland the Official Oath is taken before the Lord President of the Court of Session during a meeting of the Court.. In England that role is performed by the Clerk of the Privy Council.
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  • Royal Coat of Arms in Scotland
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  • Court of Session
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  • 2nd December 2005
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  • The Court of Session is the supreme civil court of Scotland. It is both a court of first instance and a court of appeal and sits exclusively in Parliament House in Edinburgh. The Sheriff Court is the other Scottish civil court; this sits locally. Although the two courts have a largely co-extensive jurisdiction, with the choice of court being given in the first place to the pursuer (petitioner), the vast majority of difficult or high-value cases in Scotland are brought in the Court of Session.
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  • Court of Session (Scotland)
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