Scotch Court Tracks

Court Structure

The Court of Session refers to Scotland's highest civil court. This court deals with all forms of civil cases, including delict (civil wrongs, referred to as “tort” in other jurisdictions), judicial review, family law, contract, commercial cases, and intellectual property.

Judges will be appointed and hear all kinds of cases, but some will have specialisations and there are particular arrangements for commercial cases.
The Court of Session is divided into 2 houses; the Outer and the Inner House. The Outer House hears cases at first instance (meaning cases that have not previously been to court), and the Inner House is primarily the appeal court, hearing civil appeals from both the Outer House and Sheriff Courts. Appeals from the Inner House may go to the Supreme Court of the United Kingdom.

In the Outer House, a judge sits alone, but occasionally there may be a civil jury. The Inner House cases are heard by three judges, although more judges may hear more complex and significant cases.