Outer House
Encyclopedia
The Outer House is one of the two parts of the Scottish
Court of Session
, which is the supreme
civil
court
in Scotland
. It is a court of first instance
, although some statutory appeal
s are remitted to it by the other more senior part, the Inner House
. Those appeals are made from the Sheriff court
, the court of first instance for low value civil causes in the court system of Scotland
.
Judge
s in the Outer House are referred to as "Lord [name]" or "Lady [name]", or as Lord Ordinary
. They are drawn from the Senators of the College of Justice
and they sit singly, sometimes with a jury
of 12 in personal injury
and defamation actions. Jurisdiction is extensive and extends to all kinds of civil claims
unless expressly excluded by statute
. Some classes of cases, such as intellectual property
disputes and exchequer causes
, are heard by designated judges. Prior to 1856 the jurisdiction for exchequer causes was that of the Court of Exchequer
, which has been transferred to the Court of Session
with one of the Lords Ordinary required to be Lord Ordinary in Exchequer Causes, this was restated by the Court of Session Act 1988.
Final (and some important procedural) judgments of the Outer House may be appealed to the Inner House. Other judgments may be so appealed with leave.
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, which is the supreme
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. It is a court of first instance
Court of first instance
A court of first instance is a trial court of original or primary jurisdiction.Specific courts called the Court of First Instance include:* European Court of First Instance, of the European Union* Court of First Instance...
, although some statutory appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s are remitted to it by the other more senior part, the Inner House
Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance...
. Those appeals are made from the Sheriff court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
, the court of first instance for low value civil causes in the court system of Scotland
Courts of Scotland
The civil, criminal and heraldic Courts of Scotland are responsible for the administration of justice. They are constituted and governed by Scots law....
.
Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s in the Outer House are referred to as "Lord [name]" or "Lady [name]", or as Lord Ordinary
Lord Ordinary
Lord Ordinary is a term used to describe any judge in the Outer House of the Scottish Court of Session....
. They are drawn from the Senators of the College of Justice
Senator of the College of Justice
The Senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of Senator: Lords of Session ; Lords Commissioner of Justiciary ; and the Chairman of the Scottish Land Court...
and they sit singly, sometimes with a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of 12 in personal injury
Personal injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation...
and defamation actions. Jurisdiction is extensive and extends to all kinds of civil claims
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
unless expressly excluded by statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. Some classes of cases, such as intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
disputes and exchequer causes
Exchequer
The Exchequer is a government department of the United Kingdom responsible for the management and collection of taxation and other government revenues. The historical Exchequer developed judicial roles...
, are heard by designated judges. Prior to 1856 the jurisdiction for exchequer causes was that of the Court of Exchequer
Court of Exchequer (Scotland)
The Court of Exchequer was formerly a distinct part of the court system in Scotland, with responsibility for administration of government revenue and judicial matters relating to customs and excise, revenue, stamp duty and probate...
, which has been transferred to the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
with one of the Lords Ordinary required to be Lord Ordinary in Exchequer Causes, this was restated by the Court of Session Act 1988.
Final (and some important procedural) judgments of the Outer House may be appealed to the Inner House. Other judgments may be so appealed with leave.