97-615: The Sheriff Personal Injury Court is a Scottish court with exclusive competence over claims relating to personal injury where the case is for a work-related accident claim in excess of £ 1,000, where the total amount claimed is in excess of £ 5,000, or where a sheriff in a local sheriff court remits proceedings to the Personal Injury Court. It has concurrent jurisdiction with the Court of Session for all claims in excess of £ 100,000, and concurrent jurisdiction with
194-610: A co-extensive jurisdiction for all cases with a monetary value in excess of £100,000, with the choice of court being given in the first place to the pursuer (the claimant ), the majority of difficult or high-value cases in Scotland are brought in the Court of Session. Any final decision of a sheriff may be appealed against. There is a right of appeal in civil cases to the Sheriff Appeal Court , and, with permission, to
291-463: A lay representative is not permitted. Under Section 63 of the Courts Reform (Scotland) Act 2014, a case lodged with the Personal Injury Court that proceeds to proof will take the form of a jury trial . The jury will consist of 12 people, and can decide a verdict by majority decision. If the pursuer and defender both agree, then the proof can take place before a sheriff sitting alone as
388-625: A permanent secretary , two law officers – the Lord Advocate and the Solicitor General for Scotland – who serve as the chief legal advisers to the government, and the chief of staff to the first minister , as well as several other government officials, personal secretaries and advisers to the Scottish Government and the first minister. The head of the Scottish Government is the first minister who also serves as
485-608: A sheriff principal . The sheriff courts have exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and are able to try criminal cases both on complaint for summary offences , and with a jury for indictable offences . Treason , murder , and rape are in the exclusive jurisdiction of the High Court of Justiciary, and whilst the High Court and sheriff courts have concurrent jurisdiction over armed robbery , drug trafficking , and sexual offences involving children virtually all these cases are heard by
582-465: A £ 10,000 fine , and in solemn cases 5 years imprisonment or an unlimited fine. A higher sentence in solemn cases may be imposed upon remittance of the case to the High Court of Justiciary . Justice of the peace courts are criminal courts which sit locally under summary procedure, where the justice sits alone or in some areas as a bench of three. Justices are lay magistrates who as advised by
679-590: A Court of Exchequer in Scotland after the Union, for deciding Questions concerning the Revenues of Customs and Excises there, having the same power and authority in such cases, as the Court of Exchequer has in England And that the said Court of Exchequer in Scotland have power of passing Signatures, Gifts Tutories, and in other things as the Court of Exchequer in Scotland hath; And that the Court of Exchequer that now
776-658: A Court separate from the Court of Session no longer exists" and it was thus abolished by the Administration of Justice (Scotland) Act 1933 . Some of its processes are now carried out by the Accountant in Bankruptcy . Until 1856, there was a Court of Exchequer in Scotland , which was established Exchequer Court (Scotland) Act 1707 , pursuant to a requirement of the Act of Union 1707 which stated: And that there be
873-573: A breakdown of public spending, the work of senior civil servants in the Scottish Government, including their job titles and salaries, as well as government assessment against objectives in order to highlight how well the government is doing in achieving the targets and objectives it creates through the National Performance Framework and Programme for Government. Additionally, the Freedom of Information (Scotland) Act 2002 gives
970-461: A court of appeal, it sits only in Edinburgh. Appeals may be made to the High Court of Justiciary sitting as the Court of Criminal Appeal from the lower courts in criminal cases. An appeal may also be made to the High Court if the High Court itself heard the case at first instance. Two judges sit to hear an appeal against sentence, and three judges sit to hear an appeal against conviction. There
1067-491: A determination in Scotland it is subject to practice directions from the President of Employment Tribunals (Scotland), and operates under Scots law . These tribunals are administered by His Majesty's Courts and Tribunals Service . In many cases there is a statutory right of appeal from a tribunal either to an upper tribunal or senior tribunal, or to the Court of Session: for example Employment Tribunal cases are appealed to
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#17327726242491164-427: A final appeal or through judicial review . There are several tribunals that have jurisdiction either over the whole United Kingdom , or over Great Britain . Where these tribunals make an adjudication in Scotland they are subject to the oversight and ultimate authority of the Court of Session , which can review decisions either through a final appeal or through judicial review . When an Employment Tribunal makes
1261-487: A judge in summary proceedings. The first jury trial to take place in the Personal Injury Court was in the case of Peter Allan v Plexus Corp (UK) Limited , where the defender had attempted to have the case taken under summary procedure. However, Sheriff Baird decided in August 2016 the case could, and should, be heard before a jury. There is no automatic right for a pursuer or defender to have an advocate instructed for
1358-487: A legally qualified clerk, known as the legal adviser. The court handles a variety of minor common law crimes such as breach of the peace, theft and assault, as well as statutory offences such as vandalism, road traffic offences and other public order offences. The maximum penalty which can be imposed at this level is 60 days' imprisonment or a fine up to £2,500. Scotland has several courts with specialist jurisdictions . The specialist system of children's hearings handles
1455-617: A majority of MSPs in the Scottish Parliament, where it will then be put to the Monarch to receive royal assent. Once royal assent has been given by the Monarch, the bill becomes a law of the Scottish Parliament and becomes embedded in Scots law. Once a bill is successful in becoming law, the Scottish Government has the responsibility to ensure subordinate legislation, which often comes in the form of Scottish statutory instruments,
1552-668: A proposal by the Parliament. The Scottish Parliament can legislate on any matter that is not reserved to the Parliament of the United Kingdom . Ministers are appointed by the first minister with the approval of the Scottish Parliament and the monarch from among the members of the Parliament. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as Cabinet secretaries and ministers, in addition to two law officers :
1649-487: A sheriff believes the case is so complex as to require the specialist expertise of the personal injury sheriffs, they can remit the case to the Sheriff Personal Injury Court. Any personal injury action brought before a sheriff court, the Personal Injury Court, or the Court of Session is subject to a 3 year time limit . Claims for personal injury with a value of under £100,000 can be remitted to
1746-528: A third. The Military Courts of the United Kingdom have jurisdiction over all members of the armed forces of the United Kingdom and civilians subject to service discipline in relation to offences against military law . The Supreme Court of the United Kingdom operates across all three separate jurisdictions, hearing some civil - but not criminal - appeals in Scottish cases, and determining certain devolution and human rights issues. The Supreme Court of
1843-466: Is derived from the Courts Reform (Scotland) Act 2014 . The Sheriff Personal Injury Court's foundation was one of the results of Lord Gill's Scottish Civil Courts Review (published in 2009), which identified several ways in which civil justice could be expedited through improving access to justice, reducing costs for parties litigant , and reducing the time to conclusion of cases. Lord Gill
1940-507: Is directly accountable to the Scottish Parliament for their actions and the actions of the wider government and cabinet. The office is held by John Swinney of the Scottish National Party since 7 May 2024. The first minister is supported by the deputy first minister who deputises for the first minister during periods of absence, such as when he is attending overseas visits and international engagements, and may act on
2037-479: Is for a work-related accident claim in excess of £ 1,000, or where the total amount claimed is in excess of £ 5,000. The choice of local sheriff court or the Personal Injury Court is left to the pursuer . However, where a sheriff believes the case is so complex as to require the specialist expertise of the personal injury sheriffs they can remit the case to the Sheriff Personal Injury Court. In Scotland, all monetary claims for amounts not in excess of £ 100,000 are in
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#17327726242492134-583: Is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service , and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the head of
2231-514: Is implemented accordingly so that the new law begins to work and that any additional measures and features can be added in order to make the law work and ensure its effective implementation and operation. The Scottish Government publishes statistics based on the majority of public life in Scotland, including, but not limited to, education, the economy, healthcare, population, death, marriages and births, as well as living standards. The government uses such statistics in order to evaluate its work against
2328-482: Is in Scotland do remain, until a New Court of Exchequer be settled by the Parliament of Great Britain in Scotland after the Union; The judges of the Court were the Barons of Exchequer who acted in both a judicial capacity, dealing with revenue cases, debts to the crown, seizure of smuggled goods and prosecutions for illicit brewing and distilling, and in an administrative capacity, mainly auditing accounts. The president of
2425-725: Is no further appeal from the High Court's decision on appeal, in contrast to the Court of Session, from which it is possible to appeal to the Supreme Court of the United Kingdom , the highest court. Appeals under the Human Rights Act 1998 and devolution appeals under the Scotland Act 1998 are heard by the Supreme Court of the United Kingdom (previously these were head by the Judicial Committee of
2522-719: Is one of the Law Officers of the Crown , and the deputy of the Lord Advocate, whose duty is to advise the Scottish Government on Scots law. They are also responsible for the Crown Office and Procurator Fiscal Service which together constitute the Criminal Prosecution Service in Scotland . Together with the Lord Advocate, the Solicitor General for Scotland is one of the senior legal advisors to
2619-683: Is supported by the Cabinet Secretariat, based at St Andrew's House . While the Scottish Parliament is in session, Cabinet meets weekly. Normally meetings are held on Tuesday afternoons in Bute House , the official residence of the First Minister . Members of the Scottish Cabinet receive blue despatch boxes for their use while in office. There are currently two sub-committees of cabinet: The Lord Advocate
2716-470: Is the executive arm of the devolved government of Scotland . It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution . Its areas for responsibility of decision making and domestic policy in the country include the economy , education , healthcare , justice and the legal system , rural affairs, housing, the crown estate , the environment,
2813-504: Is the principal legal adviser for both the Scottish Government and the Crown in Scotland on civil and criminal matters that fall within the devolved powers of the Scottish Parliament . The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which
2910-1044: The Admiralty and Commissary Courts, was absorbed into the Court of Session following the enactment of the Court of Session Act 1830 . Scottish Government Charles III William , Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP The Scottish Government ( Scottish Gaelic : Riaghaltas na h-Alba , pronounced [ˈrˠiə.əl̪ˠt̪əs nə ˈhal̪ˠapə] )
3007-403: The Court of Session having concurrent jurisdiction for amounts of more than £ 100,000. As such, the Sheriff Personal Injury Court has exclusive competence but concurrent jurisdiction with local sheriff courts over claims relating to personal injury where the case is for a work-related accident claim in excess of £ 1,000, or where the total amount claimed is in excess of £ 5,000. Where
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3104-605: The Employment Appeal Tribunal , which in turn allows appeals to the Court of Session. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal is an appeal to, or judicial review by, the Court of Session, which will often be more limited in scope than an appeal. The Bill Chamber was formerly a court of Scotland, often considered as part of the Court of Session but in fact separate from it. It dealt with petitions for suspension ( appeal ), interdict , sequestrations etc., and
3201-756: The House of Lords , a chamber of the Parliament of the United Kingdom (though in modern practice only the Law Lords sitting in the Appellate Committee, rather than the whole House, heard appeals). The Supreme Court took over the judicial functions of the House of Lords , and also assumed the jurisdiction over devolution and human rights issues vested in the Judicial Committee of the Privy Council . Cases involving "devolution issues" arising under
3298-462: The Inner House . It includes specialized commercial court provisions: "The Court of Session has for many years had special provisions for dealing with commercial actions to enable specialist judges to handle commercial cases quickly and flexibly." The Sheriff Appeal Court is a national court with a jurisdiction over civil appeals from the sheriff courts, and replaces appeals previously made to
3395-753: The Inner House of the Court of Session . The High Court of Justiciary is the supreme criminal court. The High Court is both a court of first instance and also a court of appeal. As a court of first instance, the High Court sits mainly in the Justiciary Building in the Lawnmarket in Edinburgh and in the Justiciary Buildings in the Saltmarket in Glasgow, but also sits from time to time in various other places in Scotland. As
3492-634: The Lands Tribunal for Scotland . Heraldry is regulated in Scotland both by the civil and criminal law, with prosecutions taken before the Court of the Lord Lyon . Defunct and historical courts include the Admiralty Court , Court of Exchequer , district courts , and the High Court of Constabulary . The United Kingdom does not have a single judicial system — England and Wales have one system, Scotland another, and Northern Ireland
3589-527: The Royal Arms with the Flag of Scotland . The Scottish Government is separate from the Scottish Parliament , with the parliament being made of 129 Members of the Scottish Parliament elected by the electorate of Scotland during Scottish Parliamentary elections. The Scottish Parliament acts as the law making body for devolved matters which fall under the responsibility of the Scottish Government. The work of
3686-497: The Scotland Act 1998 , as amended by the Scotland Act 2016 , which includes disputes regarding the validity of Acts of the Scottish Parliament or executive functions of the Scottish Government , are heard by the Supreme Court. These cases may reach the Court as follows: The Court system in its modern form is based on the reforms introduced by Lord Gill as Lord President, and implemented or further modified under
3783-559: The Scottish Liberal Democrats . During this period, ministerial appointees were divided into ministers and deputy ministers. The Labour-Liberal Democrat coalition continued under subsequent First Ministers Henry McLeish and Jack McConnell . Following the 2007 Scottish Parliament election , Alex Salmond headed a Scottish National Party administration until his resignation in 2014 and the appointment of his former Deputy First Minister Nicola Sturgeon . Since 2007,
3880-513: The exclusive jurisdiction of the sheriff courts , with the Court of Session having concurrent jurisdiction for amounts of more than £ 100,000. The Personal Injury Court was established by the Courts Reform (Scotland) Act 2014 and the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015. The sheriff courts are the other civil courts; they sits locally. The Court of Session and sheriff courts have
3977-411: The judiciary of Scotland , who are the various judicial office holders responsible for issuing judgments , ensuring fair trials , and deciding on sentencing . The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom , and the High Court of Justiciary is the supreme criminal court , which is only subject to the authority of
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4074-660: The jurisdiction of the Lord High Constable was defined in terms of the "resident place" appointed for the Privy Council. In 1815, the Jury Trials (Scotland) Act 1815 created the Jury Court to allow certain civil cases to be tried by jury. The Jury Court was subordinate to the Court of Session , and appeals were heard by the Inner House of the Court of Session . In 1830 the Jury Court, along with
4171-543: The keeper of the Great Seal whilst in office as first minister. The first minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad. In their capacity as Keeper of the Great Seal of Scotland,
4268-738: The lord advocate and the solicitor general for Scotland . Collectively the Scottish Ministers and the Civil Service staff that support the Scottish Government are formally referred to as the Scottish Administration. In 1885, many domestic policy functions relating to Scotland were brought into the responsibility of the Scottish Office , a department of the Government of the United Kingdom which
4365-509: The pursuer to a have a choice between the local sheriff court or the new specialist court in Edinburgh. The report also recommended increasing the exclusive jurisdiction of the sheriff court to all claims of less than £150,000. A similar proposal was eventually implemented, but with exclusive jurisdiction limited to claims of less than £100,000. Dominic Scullion (Solicitor Advocate) writing in The Scotsman in August 2015 commented on
4462-466: The sheriffs principal . The Sheriff Appeal Court is a national court with a jurisdiction over appeals in summary criminal proceedings, and bail decisions in solemn procedure , from the sheriff courts and justice of the peace courts . The Sheriff Appeal Court had its jurisdiction extended on 1 January 2016, when the provisions of the Court Reform (Scotland) Act 2014 to extend civil appeals to
4559-526: The Court of Session by request of a sheriff under Section 92 of the Courts Reform (Scotland) Act 2014. A Lord Ordinary in the Outer House of the Court of Session will determine if the case can be remitted. The decision of the Lord Ordinary is not subject to appeal, and should a request to remit fail then the case will continue at the Personal Injury Court or a local sheriff court. Remittance to
4656-477: The Court of Session in 2003, sought to bring about swift resolution through negotiation of cases by allowing for pre- proof discussions with all the relevant details. It was noted by the Scottish Courts and Tribunals Service that 95% of personal injury claims in the Court of Session were settled before proof. As such, these rules were extended to the new Personal Injury Court. All cases heard at proof by
4753-403: The Court of Session will normally be considered when the case is of particular importance or complexity. This principle is incorporated into the Courts Reform (Scotland) Act 2014, which states: On the application of any of the parties to the proceedings, the sheriff may, at any stage, request the Court of Session to allow the proceedings to be remitted to that Court if the sheriff considers that
4850-761: The Exchequer Court was known as the Chief Baron of Exchequer, and the initial president was the Lord High Treasurer . The 1707 Act limited the numbers of Barons to 5. A separate Exchequer Court was abolished by the Exchequer Court (Scotland) Act 1856, and all of its powers were transferred to the Court of Session. With its abolishment no further Barons of Exchequer were appointed. District courts are no longer in existence. They were introduced in 1975 and sat in each local council area under summary procedure only. The Scottish Government merged
4947-419: The High Court of Justiciary has the authority to regulate criminal procedure through passing Acts of Adjournal . Both Acts of Sederunt and Acts of Adjournal have the capacity to amend primary legislation where it deals with civil or criminal procedure respectively. The majority of criminal and civil justice in Scotland is handled by the local sheriff courts , which are arranged into six sheriffdoms led by
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#17327726242495044-613: The High Court. Administration for the courts is provided by the Scottish Courts and Tribunals Service , a non-ministerial department of the Scottish Government . The Scottish Courts and Tribunal Service is operationally independent of the Scottish Ministers , and is governed by a corporate board chaired by the Lord President , and with a majority of judicial members. There are various specialist courts and tribunals with specialist jurisdictions , which are subject to
5141-600: The Lord Presidency of Lord Carloway . The foundational legislation for the sheriff courts and many other changes is the Courts Reform (Scotland) Act 2014 . The Court of Session is the supreme civil court. It is both a court of first instance and a court of appeal , and sits exclusively in Parliament House in Edinburgh . The court of first instance is known as the Outer House , the court of appeal
5238-522: The Personal Injury Court are heard under ordinary cause rules as defined by the Personal Injury Act of Sederunt of 2009 (as amended). Ordinary cause procedures are more complex than small claims or summary cause , and as such a solicitor will likely be required as legal documents will need to be drafted. A person can represent themselves as a litigant in person but many organisations including Shelter Scotland advise against it. Use of
5335-414: The Privy Council ). The Sheriff Appeal Court is a national court with jurisdiction over appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts , and from bail decision in solemn procedure at the sheriff court. The Sheriff Appeal Court was established on 22 September 2015 to deal with appeals against conviction and sentence in summary proceedings before
5432-408: The Report from Lord Gill in November 2010. Following that, Lord Gill's recommendations were implemented in the Courts Reform (Scotland) Act 2014, with the Personal Injury Court established by The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015. In Scotland, all monetary claims for amounts not in excess of £ 100,000 are in the exclusive jurisdiction of the sheriff courts , with
5529-403: The Scottish Executive has used the name Scottish Government. The change of name was later recognised in United Kingdom legislation by the Scotland Act 2012 . In 2001, former First Minister Henry McLeish had proposed such a change, but experienced some opposition. At the same time that the Scottish Government began to use its new name, a new emblem was adopted. It replaced the use of a version of
5626-441: The Scottish Government, including proposed legislation, policies and activities, is scrutinised by parliament through a variety of different measures such as parliamentary debates, parliament committees and parliamentary questions to the appropriate Cabinet Secretary or government minister. The Scottish Government produces a National Performance Framework which sets out the government's priorities, objectives and overall vision for
5723-399: The Sheriff Appeal Court were brought into force by the Scottish Ministers . The Sheriff Personal Injury Court is a specialist all-Scotland court with exclusive competence to hear cases, with and without a jury , that relate to personal injury . The Personal Injury Court has concurrent jurisdiction with local sheriff courts , over claims relating to personal injury where the case
5820-534: The Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues . The judiciary of Scotland, except the Lord Lyon King of Arms , are united under the leadership and authority of the Lord President and Lord Justice General , who is the president of the Court of Session and High Court of Justiciary. The Court of Session has the authority, under the Courts Reform (Scotland) Act 2014 , to regulate civil procedure through passing subordinate legislation knows as Acts of Sederunt , and
5917-435: The United Kingdom was created on 1 October 2009 by the Constitutional Reform Act 2005 . The Supreme Court hears civil appeals from the Court of Session, and it hears appeals from all the civil and criminal courts of England and Wales and of Northern Ireland . The Supreme Court has no authority to hear appeals on criminal matters from the High Court of Justiciary. Until the creation of the Supreme Court, ultimate appeal lay to
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#17327726242496014-548: The agreement of the Scottish Parliament. They need not be members of the Scottish Parliament. In addition to the Scottish Ministers, the Scottish Government is supported by a number of officials drawn from the UK Civil Service . They are collectively referred to as the Scottish Administration in the Scotland Act 1998. According to 2012 reports, there are 16,000 civil servants working in core Scottish Government directorates and agencies. A total of eight director–generals head Scotland's civil service department. Each director–general
6111-424: The case: it is for the court to make such a determination. Section 108 of Courts Reform (Scotland) Act 2014 which requires any sheriff court (including the Sheriff Personal Injury Court) to grant sanction for the use of counsel where the court considers that the case is likely to be difficult or complex, or important or of requisite value. At the same time, no party should be allowed an advantage over an other through
6208-504: The client. With it no longer being possible to raise a claim for less than £100,000 in the Court of Session, the Edinburgh-based Personal Injury Court could see costs for solicitors reduced as they will not need to travel to local sheriff courts. BTO Solicitors identified that a specialised court should be able to be more consistent in its judgments than would be possible from the various local sheriff courts spread throughout Scotland. In Volume 2 of his review, Lord Gill also recommended that
6305-453: The country following election. It serves as a means for the Scottish Government to highlight national priorities and provides an opportunity for the government to evaluate its progress towards achieving the objectives as set out in the National Performance Framework. Similarly, the Programme for Government is published annually by the incumbent Scottish Government, and it highlights the governments policies, proposed actions and legislation that
6402-433: The country. Each of the National Outcomes is measured by a number of indicators and associated data sets. The majority of bills proposed to the Scottish Parliament come from the Scottish Government. The process for introducing bills to the parliament for consideration and debate commences with the government publishing and formulating policy. A bill will only become law in Scotland under Scots law once it has been approved by
6499-431: The data to gauge how successful, or unsuccessful, government policy is and whether it is having the desired impact. In order to ensure accountability, the Scottish Government publishes information for public consumption in order to ensure the work of the Scottish Government is accessible and transparent for the public. It commits itself to publishing information in areas relating to the spending of public money and creating
6596-552: The deal with criminal appeals. The bench generally comprises three appeal sheriffs when considering appeals against conviction, and two appeal sheriffs when considering appeals against sentence. A single appeal sheriff hears appeals against bail decisions made by a sheriff or justices of the peace. The court is based at the courthouse at Lawnmarket, Edinburgh, and initially sat on two consecutive days each fortnight. Substantive criminal appeals are now heard on Tuesdays and appeals against sentence on Wednesdays. The sheriff courts are
6693-474: The decision of a local Valuation Appeal Committee is disputed. The senators who make up the Lands Valuation Appeal Court were specified in 2013 by the Act of Sederunt (Lands Valuation Appeal Court) 2013, which has both Lord Carloway ( Lord President ) and Lady Dorrian ( Lord Justice Clerk ) as members with a further four senators specified. The Scottish Land Court has jurisdiction over disputes involving agricultural tenancies and crofting rights. Under
6790-402: The fire service , equal opportunities, the transportation network , and tax , amongst others. The Scottish Government consists of the Scottish Ministers, which is used to describe their collective legal functions. The Scottish Government is accountable to the Scottish Parliament , which was also created by the Scotland Act 1998 with the first minister appointed by the monarch following
6887-408: The first minister is one of only a few individuals permitted to fly the Royal Banner of the Royal Arms of Scotland . The first minister is nominated by the Scottish Parliament by fellow MSPs , and is formally appointed by the monarch . The first minister appoints members of the Scottish Cabinet and junior ministers of the Scottish Government. As head of the Scottish Government, the first minister
6984-476: The first ministers behalf during First Minister's Questions in the Scottish Parliament . Whilst serving as deputy first minister, the office holder holds another cabinet position. Currently, Kate Forbes , the Cabinet Secretary for Economy and Gaelic , serves as the deputy first minister. The Scottish Cabinet collectively takes responsibility for policy coordination within the Scottish Government. It
7081-402: The government in Scotland. Whilst the Solicitor General for Scotland supports the Lord Advocate in their functions, the Solicitor General may also exercise their statutory and common law powers when necessary. The incumbent Solicitor General for Scotland is Ruth Charteris KC . The Scottish law officers are appointed by the monarch on the recommendation of the incumbent first minister, with
7178-438: The government will seek to implement in the forthcoming year. The Scottish Government introduced the first National Performance Framework (NPF) in 2007. This framework acts a means to measure the performance of the government in eleven national outcome areas which include health, poverty, environment and education. Additionally, it creates a pledge and commitment on the aspirations and aims that government wishes to create within
7275-537: The importance or difficulty of the proceedings makes it appropriate to do so. It is for the sheriff to make the determination whether or not a request to remit should be made. In 2016, four cases were remitted by Lord Boyd of Duncansby to the Outer House at the request of Sheriff Katherine Mackie in the Edinburgh Sheriff Court as the cases each represented "considerable public interest ". The cases all related to vaginal tape and mesh products for
7372-409: The increase in the exclusive jurisdiction of the sheriff courts to claims of less than £100,000 and the creation of the Personal Injury Court. Scullion identified that an advocate can only charge a separate fee for representation in the sheriff courts if the court certifies that the case requires counsel . If a certification is not granted the advocate and solicitor have to share the single fee paid by
7469-405: The introduction of new rules, but concluded that creating an all-Scotland specialist sheriff court for personal injury claims was the best option. This would relieve pressure on the Court of Session, and reduce cost to litigants as they would not need to engage an advocate or solicitor advocate as solicitors have the right of audience before the sheriff courts. At the same time, he allowed for
7566-525: The local sheriff courts for personal injury claims within its competence. The choice of using a local sheriff court or the Personal Injury Court is left to the pursuer . However, if the sheriff believes the case is a complex one, requiring specialist expertise, then it can be remitted to the Personal Injury Court. The Sheriff Personal Injury Court was established on 22 September 2015 by The All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015. The power to establish specialist, all-Scotland courts
7663-459: The main criminal courts; they sit locally in sheriff courts throughout Scotland organised in the six sheriffdoms . The procedure followed may either be solemn procedure , where the Sheriff sits with a jury of fifteen ; or summary procedure , where the sheriff sits alone in a bench trial . From 10 December 2007, the maximum penalty that may be imposed in summary cases is 12 months imprisonment or
7760-469: The majority of cases involving allegations of criminal conduct involving persons under 16 in Scotland. These tribunals have wide-ranging powers to issue supervision orders for the person referred to them by the Scottish Children's Reporter Administration . Serious crimes, at the direction of a procurator fiscal , are still dealt with in the usual criminal courts. The Court of the Lord Lyon ,
7857-538: The management of the sheriff and justice of the peace courts (formerly known as district courts), retaining lay justices. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 enabled the Scottish Ministers to replace district courts by "justice of the peace courts". The process is concluded and all district courts are now abolished and replaced with the new justice of the peace courts throughout Scotland, which have strengthened powers to allow more cases to be dealt with at this level. The High Court of Constabulary
7954-557: The new Personal Injury Court should be able to make use of both jury trials and the Chapter 43 rules of the Court of Session. Lord Gill concluded that judge-led trials tended to be more conservative in monetary awards, with juries being more perceptive and ready to award larger amounts. As such, early settlement (negotiated cases) would result in larger settlements as a consequence. He recommended that jury trials should be by right and not by exception. The Scottish Government responded to
8051-404: The public the right to ask for information relating to the Scottish Government, as well as other public sectors. The Scottish Government consists of a first minister , deputy first minister , nine cabinet secretaries and eighteen other government ministers, collectively for statutory purposes, "the Scottish Ministers ". Cabinet secretaries are senior members of the Scottish Cabinet , whilst
8148-709: The pursuer was represented by a solicitor . The sheriffs appointed to hear cases in the Personal Injury Court are all sheriffs within the Sheriffdom of Lothian and Borders, and are appointed to the court by the Sheriff Principal of Lothian and Borders . Courts of Scotland The courts of Scotland ( Scottish Gaelic : Cùirtean na h-Alba ) are responsible for administration of justice in Scotland, under statutory , common law and equitable provisions within Scots law . The courts are presided over by
8245-401: The remaining government ministers are junior ministers of the government and act as a deputy to the corresponding cabinet secretary of that department, and support the duties and functions of the cabinet secretary. As junior ministers of the government, ministers do not usually attend the Scottish Cabinet; only the cabinet secretary attends. Additionally, the Scottish Government is supported by
8342-577: The standing court of heraldry and genealogy, is responsible for civil and criminal enforcement of armorial bearings and the right to use certain titles. It is headed by the Lord Lyon , who is King of Arms and senior herald for Scotland. The Lands Valuation Appeal Court is a Scottish civil court , composed of three Court of Session judges, and established under section 7 of the Valuation of Lands (Scotland) Amendment Act 1879 . It hears cases where
8439-582: The systems of prosecutions in Scotland and is responsible for the investigation of all sudden, suspicious, accidental and unexplained deaths which occur within Scotland. The officeholder is regarded as one of the Great Officers of State of Scotland, with the current Lord Advocate being Dorothy Bain KC , who was nominated by first minister Nicola Sturgeon in June 2021. The Solicitor General for Scotland
8536-614: The terms of the Church of Scotland Act 1921 the General Assembly of the Church of Scotland has sole jurisdiction over its own spiritual affairs, including matters of discipline. There are several specialist tribunals in Scotland which often have exclusive jurisdiction over cases relevant to their remit . They are subject to the oversight and ultimate authority of the Court of Session , which can review decisions through either
8633-571: The treatment of urinary incontinence or prolapse. In his judgment, Lord Boyd cited: Motions and interlocutors can and should be submitted to the Personal Injury Court by electronic means unless an application is made to the court to set aside this requirement. The clerks of court , under the direction the Sheriff Clerk of Edinburgh, are able to exercise quasi-judicial powers to grant motions which are "common and straightforward." Chapter 43 rules, first implemented by Act of Sederunt of
8730-590: The ultimate jurisdiction of either the Court of Session or High Court of Justiciary, including . Children under the age of 16 who face allegations of criminal conduct are dealt with through the Children's Hearings , which are quasi-judicial in nature. Disputes involving agricultural tenancies and crofting are dealt with by the Scottish Land Court , and disputes about private rights in titles for land ownership and land valuation are dealt with by
8827-438: The use of an advocate. Use of counsel (advocate) was sanctioned by Sheriff Reith QC in the case of Sarah Dow v M & D Crolla Ltd , on 14 March 2016. Sheriff Reith QC granted sanction for counsel as the case was of significant importance to the pursuer. BTO Solicitors, on 23 March 2016, evaluated the implications of Dow v M & D Crolla and V on behalf of J v M & D (Leisure) Ltd identifying possible trends: Dow's claim
8924-543: Was a court in Scotland presided over by the Lord High Constable of Scotland and deputes appointed by the Lord High Constable. Established in the late 13th century the court was empowered to judge all cases of rioting , disorder , bloodshed , and murder if such crimes occurred within four miles of the King of Scots , the King's Council , or the Parliament of Scotland . Following James VI 's move to England ,
9021-400: Was critical of the civil justice system in place at the time, describing it as "a Victorian model that had survived by means of periodic piecemeal reforms", and concluding that, "It is failing the litigant and it is failing society." Lord Gill's report identified that many litigants and legal practitioners had been happy with the improvements to personal injury claims in the Court of Session by
9118-456: Was for an amount 3 times her annual salary, and J was acting on behalf of V , who was a child. As such, individual factors—as expressed in the 2014 Act—are not the deciding element, but it is the cumulative effect of various factors that will make sheriffs likely to grant sanction. In contrast, sanction was not granted in December 2016 for a personal injury case under summary cause. The case
9215-600: Was headed by a Secretary for Scotland, later the Secretary of State for Scotland . Following the 1997 referendum on devolution, many of the functions of the Secretary of State for Scotland were transferred to the Scottish Ministers, accountable to a devolved Scottish Parliament. The first Scottish Executive was formed by First Minister Donald Dewar as a coalition between the Scottish Labour Party and
9312-439: Was heard at Livingston Sheriff Court by Sheriff Kinloch, and on that occasion the Sheriff denied sanction for the pursuer to instruct counsel. The pursuer, David Brown, had been informed that the defender, Aviva Insurance, was instructing counsel, and so sought to have sanction granted on the grounds of equality of arms . However, Sheriff Kinloch did not find that the case was complex, important, or of requisite value and therefore
9409-652: Was the approximate equivalent to sittings in camera (in chambers) in American or English law . The Bill Chamber was "under the same roof" as the Court of Session, but was a separate court or jurisdiction. Its history and function were discussed in the report of the Royal Commission on the Court of Session and the Office of Sheriff Principal (1927) which concluded "the usefulness of the Bill Chamber as
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