Court of Session Act 1988
Court of Session Act 1988 (1988 c. 36)
- Court of Session Act 1988 (1988 c. 36)
- Part I Constitution and Administration of the Court
- 1 Number of judges of Court.
- 2 Composition of Court.
- 3 Exchequer causes.
- 4 Power of judges to act in cases relating to rates and taxes.
- Part II General Powers of the Court in Relation to Procedure
- 5 Power to regulate procedure etc. by act of sederunt.
- 5A Rules for lay representation
- 6 Allocation of business etc. by act of sederunt.
- 7 Fees on remit to accountants etc.
- 8 Rules Council.
- Part III Ordinary Actions
- Proof
- 9 Allowing of proof by Lord Ordinary.
- 10 Evidence on commission in Outer House.
- 11 Jury actions.
- Trial by jury
- 12 Summoning of jury.
- 13 Selection of jury.
- 14 Application for view by jury.
- 15 Illness or death of juror during trial.
- 16 Trial to proceed despite objection to opinion and direction of judge.
- 17 Return of verdict.
- Judgment
- 18 Lord Ordinary’s judgment final in Outer House.
- Part IV Other Causes
- Consistorial causes
- 19 Lord Advocate as party to action for nullity of marriage or divorce.
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Exchequer causes
- 21 Exchequer causes to have precedence.
- 22 Lord Advocate to sue and be sued on behalf of the Crown.
- 23 Lord Advocate may be heard last.
- 24 Appeal to Supreme Court.
- Petitions
- 25 Disposal of petitions initiated in Outer House.
- Summary trials
- 26 Summary trials.
- Special cases
- 27 Special cases.
- Applications to the supervisory jurisdiction of the Court
- 27A Time limits
- 27B Requirement for permission
- 27C Oral hearings where permission refused, etc.
- 27D Appeals following oral hearings
- Part V Appeal and Review
- Reclaiming
- 28 Reclaiming.
- Review in jury actions
- 29 Application for new trial.
- 30 Restrictions on granting of application for new trial.
- 31 Verdict may be returned subject to opinion of Inner House on point reserved.
- 31A Power to provide for single judge of Inner House to determine leave or permission and assess grounds of appeal
- Appeals and transmissions from sheriff
- 32 Appeals.
- 33 Transmissions from sheriff to Court on ground of contingency.
- Review by suspension
- 34 Suspension of decrees of Court granted in absence.
- 35 Suspension of sheriff court decree.
- Rehearing and additional proof in Inner House
- 36 Rehearing by larger court of causes pending in Inner House.
- 37 Additional proof ordered by Inner House.
- 38 Evidence on commission in Inner House.
- Judgment in Inner House
- 39 Inner House judgment final in Court of Session.
- Appeals to Supreme Court
- 40 Appeals to the Supreme Court
- 40A Permission for appeal under section 40
- 41 Interim possession, execution and expenses.
- 42 Supreme Court may make order on payment of interest.
- 43 Interest and expenses where appeal dismissed for want of prosecution.
- Part VI Miscellaneous Provisions
- 44 Selection of judges for trial of election petitions.
- 45 Restoration of possession and specific performance.
- 46 Specific relief may be granted in interdict proceedings.
- 47 Interim interdict and other interim orders.
- 47A Power to grant warrant for ejection
- 48 Right of audience of solicitor before the court.
- 48A Further provision as to rights of audience.
- 49 Subscription of bill for letters of inhibition.
- 50 Copy of interlocutor granting commission and diligence to be equivalent to formal extract.
- Part VII Supplementary
- 51 Interpretation
- 52 Consequential amendments, repeals and savings.
- 53 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Minor Amendments
- The Jury Trials (Scotland) Act 1815 (c.42)
- The Sheriff Courts (Scotland) Act 1907 (c.51)
- SCHEDULE 2 Repeals
- Part I Enactments Repealed
- Part II Repealed Enactments which are Re-enacted
- Part III Repealed Enactments which are not Re-enacted
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