UK - Scotland
The UK, judicially, consists of three jurisdictions:
- England and Wales;
- Scotland; and
- Northern Ireland.
There are important differences between all three jurisdictions. This report exclusively refers to the legal system in Scotland; Scots law.
Scots law is influenced by both civil law and common law, as it has characteristics of both approaches. Scots law consists of four sources of law: legislation, legal precedent, specific academic writings and custom. The doctrine of supremacy of Parliament means that legislation enacted by Parliament takes precedence over case law. However, case-law also interprets the meaning of legislation where it’s not clear. Decisions of higher courts are binding on lower courts.
The civil court system in Scotland is split between the Court of Session, Scotland's supreme civil court which sits only in Edinburgh and where the most complex and valuable disputes are heard, and the Sheriff Courts, located in districts throughout Scotland and where lower level claims are determined. There are 39 Sheriff Courts in total.
The Court of Session is split into the Outer House (first instance) and Inner House (appeal) courts. A single judge, known as a Lord Ordinary, usually hears cases in the Outer House and a bench of three judges usually hears Inner House appeals. The Sheriff Courts are Scotland's local courts and are presided over by a single judge called the Sheriff. Appeals from the Sheriff Court are to the Sheriff Appeal Court or to the Inner House, with permission of the Sheriff Appeal Court. A final appeal is available from the Inner House to the UK Supreme Court.
Court proceedings are conducted in the English language, but litigants can ask the court to use Scots Gaelic, either to give evidence or make submissions. If the application is granted an interpreter will be provided by the court.
Disputes with a total value of over GBP100,000 may be started in either the Court of Session or the Sheriff Court. Disputes with a total value of up to GBP100,000 may only be commenced in the Sheriff Court.