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Court of Session Act 1988

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Constitution and Administration of the Court

    1. 1.Number of judges of Court

    2. 2.Composition of Court

    3. 3.Exchequer causes

    4. 4.Power of judges to act in cases relating to rates and taxes

  3. Part II General Powers of the Court in Relation to Procedure

    1. 5.Power to regulate procedure etc. by act of sederunt

    2. 6.Allocation of business etc. by act of sederunt

    3. 7.Fees on remit to accountants etc

    4. 8.Rules Council

  4. Part III Ordinary Actions

    1. Proof

      1. 9.Allowing of proof by Lord Ordinary

      2. 10.Evidence on commission in Outer House

      3. 11.Jury actions

    2. Trial by jury

      1. 12.Summoning of jury

      2. 13.Selection of jury

      3. 14.Application for view by jury

      4. 15.Illness or death of juror during trial

      5. 16.Trial to proceed despite objection to opinion and direction of judge

      6. 17.Return of verdict

    3. Judgment

      1. 18.Lord Ordinary’s judgment final in Outer House

  5. Part IV Other Causes

    1. Consistorial causes

      1. 19.Lord Advocate as party to action for nullity of marriage or divorce

      2. 20.Orders with respect to children

    2. Exchequer causes

      1. 21.Exchequer causes to have precedence

      2. 22.Lord Advocate to sue and be sued on behalf of the Crown

      3. 23.Lord Advocate may be heard last

      4. 24.Appeal to House of Lords

    3. Petitions

      1. 25.Disposal of petitions initiated in Outer House

    4. Summary trials

      1. 26.Summary trials

    5. Special cases

      1. 27.Special cases

  6. Part V Appeal and Review

    1. Reclaiming

      1. 28.Reclaiming

    2. Review in jury actions

      1. 29.Application for new trial

      2. 30.Restrictions on granting of application for new trial

      3. 31.Verdict may be returned subject to opinion of Inner House on point reserved

    3. Appeals and transmissions from sheriff

      1. 32.Appeals

      2. 33.Transmissions from sheriff to Court on ground of contingency

    4. Review by suspension

      1. 34.Suspension of decrees of Court granted in absence

      2. 35.Suspension of sheriff court decree

    5. Rehearing and additional proof in Inner House

      1. 36.Rehearing by larger court of causes pending in Inner House

      2. 37.Additional proof ordered by Inner House

      3. 38.Evidence on commission in Inner House

    6. Judgment in Inner House

      1. 39.Inner House judgment final in Court of Session

    7. Appeals to House of Lords

      1. 40.Appealable interlocutors

      2. 41.Interim possession, execution and expenses

      3. 42.House of Lords may make order on payment of interest

      4. 43.Interest and expenses where appeal dismissed for want of prosecution

  7. Part VI Miscellaneous Provisions

    1. 44.Selection of judges for trial of election petitions

    2. 45.Restoration of possession and specific performance

    3. 46.Specific relief may be granted in interdict proceedings

    4. 47.Interim interdict and other interim orders

    5. 48.Limited right of audience of solicitor before the Court

    6. 49.Subscription of bill for letters of inhibition

    7. 50.Copy of interlocutor granting commission and diligence to be equivalent to formal extract

  8. Part VII Supplementary

    1. 51.Interpretation

    2. 52.Consequential amendments, repeals and savings

    3. 53.Short title, commencement and extent

  9. SCHEDULES

    1. SCHEDULE 1

      Minor Amendments

      1. The Jury Trials (Scotland) Act 1815 (c. 42)

        1. 1.In section 20 (common jury summons)— (a) for the words...

      2. The Sheriff Courts (Scotland) Act 1907 (c. 51)

        1. 2.After section 38A there shall be inserted the following— Consistorial...

    2. SCHEDULE 2

      Repeals

      1. Part I Enactments Repealed

      2. Part II Repealed Enactments which are Re-enacted

      3. Part III Repealed Enactments which are not Re-enacted

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