Inner House - Appellate Jurisdiction

Appellate Jurisdiction

The Inner House is sub-divided into two divisions of equal authority and jurisdiction - the First Division, headed by the Lord President; and the Second Division headed by the Lord Justice Clerk. When neither is available to chair a hearing, an Extra Division of three Senators is summoned, chaired by the most senior judge present; due to pressure of business this Extra Division sits frequently nowadays. In practice, almost all hearings in the Inner House are before three judges, although in important cases in which there is a conflict of authority a Court of Five Judges or, exceptionally, seven, may be convened.

Unlike the High Court of Justiciary, which deals with Scottish criminal cases, and whose decisions cannot in general be appealed beyond Scotland, appeals could be taken from the Court of Session to the . The constitutional settlement introduced by the Scotland Act 1998 further provided that, in cases where a 'devolution issue' arose, an appeal would lie, and the Inner House can remit a case, to the Judicial Committee of the Privy Council. Both these types of appeal will go instead to the new Supreme Court of the United Kingdom from 2009.

It was formerly argued that the Act of Union 1707 expressly forbade appeals from the Court of Session to the House of Lords. Throughout the eighteenth and nineteenth centuries this was a matter of great concern, as Scottish cases were typically decided by Law Lords with no background in Scots Law. In modern times, the few cases which were so appealed were heard by a judicial committee of five which included at least two senior Scottish judges, but the existence of this right of appeal has been criticised. This debate also spilled into the debate as to whether the judicial functions of the House of Lords and Privy Council should be consolidated in a new Supreme Court of the United Kingdom. The ability to appeal to the House of Lords was confirmed by the Court of Session Act 1988.