The Acts of Union establishing the United Kingdom provided that the court will "remain in all time coming".

[5] In modern times, the court has ruled on issues of public importance and proceedings of its Inner House have been streamed and recorded since 2023.

Judges are termed Lords of Council and Session and appointed simultaneously to the College of Justice and the High Court of Justiciary.

[7] The creation of the court was part of wider efforts to improve and reform access to justice in Scottish society.

Depending on the part of Scotland where the cause originated, justice might also be available from the local baron or lord of regality, sitting with the king's authority.

The burden on these bodies of hearing appeals led to a growing effort to divest their judicial functions.

[8] The work of the Session continued under the auspices of the king's council and in 1491, an act proclaimed that "the Chancellor with certain Lords of Council or else the Lords of Session sit for the administration of justice thrice each year… so that justice may be put to due execution to all parties complaining".

James V obtained a papal bull in 1531 and established the College of Justice in 1532,[12] basing it on the Parisian parlement.

[18] Initially, the court's judiciary numbered fourteen and was split evenly between clerics and laymen.

[24] In 1640, membership of the court was restricted to laymen only, by withdrawing the right of churchmen to sit in judgement of legal causes.

)[28] Cases in the Outer House were to be heard by Lords Ordinary who either sat alone or with a jury of twelve.

[19] In 1834, the remuneration and working conditions were a matter of public discussion and debate in the House of Commons.

[47] The nobile officium enables the court to provide a legal remedy where statute or the common law are silent, and prevent mistakes in procedure or practice that would lead to injustice.

The exercise of this power is limited by adherence to precedent, and when legislation or the common law do not already specify the relevant remedy.

Thus, the court cannot set aside a statutory power, but can deal with situations where the law is silent, or where there is an omission in statute.

[48][49] The nobile officium was used to implement recognition of an order of the High Court of Justice of England and Wales for the placement of children in secure accommodation in Scotland, in the case of Cumbria County Council, Petitioners [2016] CSIH 92.

However, legislation was silent on the cross-border jurisdiction of such orders as made by the High Court of Justice.

Nonetheless, equivalent orders made by a Scottish court were enforceable in England and Wales.

[50][48] In September 2019 UK Prime Minister Boris Johnson said that he would "rather be dead in a ditch" than apply for an extension to Britain's application to leave the European Union (Brexit), due on 31 October, although the UK parliament had required him to do so under circumstances laid out in the Benn Act.

Following this, an application was made to the Court of Session to require the Prime Minister to sign a letter requesting extension if no exit deal could be agreed in time.

The applicants hoped that the unique power of nobile officium would enable the court to send the article 50 extension letter on Johnson's behalf, if he declined to do so.

[54] However, the appellate jurisdiction of sheriffs principal for all civil cases (including summary cause and small claims actions) was transferred to the Sheriff Appeal Court following passage of the Courts Reform (Scotland) Act 2014.

[57] Civil procedure in Scotland is regulated by the Court of Session through Acts of Sederunt, which are subordinate legislation and take legal force as Scottish statutory instruments.

The Court of Session can amend or repeal any enactment, including primary legislation, if it relates to matters an Act of Sederunt may cover.

[citation needed] Rules for regulating civil procedure are decided upon by the Scottish Civil Justice Council before being presented to the Lords of Session for decision; the Lords of Session may approve, amend or reject the rules so presented.

Outer House cases are heard by a single senator sitting as a Lord Ordinary, occasionally with a jury of twelve.

The right of appeal only exists when the Court of Session grants leave to this effect or when the decision of the Inner House is by majority.

Until the Constitutional Reform Act 2005 came into force in October 2009, this right of appeal was to the House of Lords[2] (or sometimes to the Judicial Committee of the Privy Council).

The total numbers of judges is fixed by Section 1 of the Court of Session Act 1988, and subject to amendment by Order in Council.

The tribunal is convened on the request of the Lord President, or in other circumstances that the First Minister sees fit.