We have a new website go to gov.scot

wrapper

Courts Reform (Scotland) Bill - Consultation on the treatment of civil appeals from the Court of Session

Courts Reform (Scotland) Bill - Consultation on the treatment of civil appeals from the Court of Session

Friday, May 31, 2013

ISBN: 9781782566113

This paper follows on from the proposals in the recent consultation on the Courts Reform (Scotland) Bill to restructure the way civil cases and summary criminal cases are dealt with by the courts in Scotland. This paper proposes that the current arrangements - which provide an appeal route from the Inner House of the Court of Session to the United Kingdom Supreme Court on the certification of two counsel - should be replaced by leave to appeal.

Executive Summary

This paper proposes that the current arrangements - which provide an appeal route from the Inner House of the Court of Session to the United Kingdom Supreme Court on the certification of two counsel - should be replaced by leave to appeal.

The paper proposes that the current provisions for appeals under section 40 of the Court of Session Act 1988 should be replaced by a more general provision to the effect that it is competent to appeal against a judgement of the Court of Session to the UKSC, but only with the permission of the Inner House; or, failing such permission, with the permission of the UKSC.