Inner House

The Inner House will sit as a court of first instance in respect of special cases, where the facts are not disputed but where a significant legal difficulty has arisen.

[4][5] When neither is available to chair a hearing, an Extra Division of three senators is summoned, chaired by the most senior judge present; due to pressure of business this Extra Division sits frequently nowadays.

[8] The constitutional settlement introduced by the Scotland Act 1998 further provided that, in cases where a 'devolution issue' arose, an appeal would lie, and the Inner House can remit a case, to the Judicial Committee of the Privy Council.

[10] It was formerly argued that the Act of Union 1707 expressly forbade appeals from the Court of Session to the House of Lords.

[12] The ability to appeal to the House of Lords was confirmed by the Court of Session Act 1988.