Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Court of Session definition

What does Court of Session mean? The Court of Session is Scotland’s supreme civil court, used for complex and higher‑value civil litigation and appeals. It sits in Edinburgh and is divided into the Outer House (first instance) and the Inner House (appeals). Work includes commercial actions (the Commercial Court), intellectual property, higher‑value personal injury, judicial review of public authorities, and applications for interim interdict and other remedies. Civil appeals generally route from the Sheriff Court to the Sheriff Appeal Court, with onward appeal, by permission, to the Inner House; further appeal may lie, with permission, to the UK Supreme Court. Constituted by statute (notably the Court of...

Scottish civil courts: roles, constitution, jurisdiction, procedures, precedent and appeals, including UK Supreme Court, Court of Session, Sheriff Appeal Court and Sheriff Courts

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts

It outlines each court’s role, their composition and jurisdiction. It also covers the procedures that govern proceedings, the precedential weight of decisions, and the avenues of appeal. It should be read alongside the —flowchart, which gives a simple diagram of the civil court system.

Note: any mention in this Practice Note of appeals to the Supreme Court should be understood as relating to matters where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, when the SCR took effect (SCR 1). The SCR 2009 (described here as the ‘old SCR’) are revoked on that date (SCR 62(2)). However, the old SCR remain applicable to:

appeals that were already in progress before 2 December 2024
applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2 December 2024, and
...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Richard McMeeken

Morton Fraser MacRoberts LLP

Richard is a partner in the commercial litigation team at Morton Fraser MacRoberts LLP where he has worked for 20 years. He is ranked as a leading individual for commercial litigation in Chambers. He has a broad practice focussing on disputes in the areas of commercial contract, real estate, professional liability and insolvency. He also deals with cases in the areas of fraud and financial crime and is the firm's Money Laundering Compliance Officer. In addition to his commercial litigation practice, Richard leads Morton Fraser's contentious trusts and executries team which is ranked Band 1 in Legal 500. He is a solicitor advocate (2011) and is qualified (although does not currently practice) in England & Wales (2008). Richard also has an academic interest in the law and regularly speaks at conferences on his areas of expertise and regularly writes on legal...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...