Judgments of the new divisions could only be appealed to the House of Lords at the leave of the division, or in the case of a dispute between its judges.

of this rule, the appellant shall lodge a motion sheet and afi n interlocutor sheet, if not already lodged. The Rules state that, 'the court in exercising its supervisory jurisdiction in respect of an application for judicial review may . Section 18(8) of the Act of 1978 was substituted by the Age of Legal Capacity (Scotland) Act 1991 (c. determined by the court, but shall be at the discretion of the court to which the cause is transferred. they shall immediately be registered in the register of judgments of the Books of Council and Session.Section 27A(1) of the Court of Session Act 1988 introduced a requirement that a judicial review application must be made before the end of (a) the period of 3 months beginning with the date on which the grounds giving rise to the application first arise, or (b) such longer period as the Court considers equitable having regard to all the circumstances. The evidence referred to in subsection (1) above may, unless the court otherwise directs, be given by means of the affidavit of the officer. This Act was a follow-up Act to the Court of Session Act 1808 in reforming the Court of Session, creating the two divisions known as the Inner House and the Outer House. In paragraph (e) of section 5 of the Court of Session Act 1988 (power to make provision as regards the Court of Session for admission of written statements etc. a certified copy of the interlocutor disposing of the note shall be sent to him forthwith by the noter.

Provided always, and it is hereby enacted, That if the Judges of the Court of Session who had held the Office of Commissioners of the Jury Court shall, before the Expiry of Three Years, be reduced to Two, it shall be competent to the Lord President of either Division to proceed to Trial, if he think fit, without any Judge who has formerly been of the Jury Court, and they are hereby empowered so to proceed. c. 38; section 2(2) was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.Section 10(1) of the Act of 1958 was amended by the Law Reform (Parent and Child) (Scotland) Act 1986 (c.

warrant for the registration of a certified copy of the interlocutor in the Books of Council and Session. c. 43; section 14A was inserted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. The Scottish Government had previously accepted a recommendation from the National Council of Women and Girls to incorporate CEDAW ( Convention on the Elimination of All Forms of Discrimination against Women (pdf) (www. WHEREAS an Act was passed in the Fifty-fifth Year of the Reign of His Majesty King George the Third, intituled Scotland, by which Act certain Commissioners were appointed for the Trial of such Causes, and certain Regulations made in regard to such Trials: And whereas another Act was passed in the Fifty-ninth Year of the Reign of His said Majesty, intituled Scotland, ’ And whereas another Act was passed in the Sixth Year of the Reign of His late Majesty King George the Fourth, intituled Scotland; by which last Act certain Provisions were made relative to the Constitution of the Jury Court, and which Provisions are declared to continue and be in force until the Thirtieth Day of June in the Year One thousand eight hundred and thirty, and from thence to the End of the next Session of Parliament; and it is further provided by the said last-recited Act, that it should be lawful for His Majesty to appoint such Persons as He should think fit, to make all Inquiries, as they should be directed, by Instructions from His Majesty, into the Forms of Proceeding in Trials of Civil Causes by Jury in Scotland , and to report whether these Forms may be improved, and at what Time and in what Manner the Union of the Benefit of Jury Trial in Civil Causes with the Jurisdiction of the Court of Session may be best accomplished: And whereas pursuant to the said last-recited Act His late Majesty did, by an Instrument under His Royal Sign Manual, appoint certain Persons to make the Inquiries set forth in the said last-recited Act, as more particularly specified in Instructions annexed to the said Instrument under the Royal Sign Manual: And whereas the said Commissioners so appointed made a Report to His late Majesty upon the Subject Matters into which they were appointed to inquire; which Report has been laid before both Houses of Parliament: And whereas it is expedient that the said recited Acts should be altered, amended, and continued in certain Parts, and that Provision should be made for uniting the Benefits of Jury Trial in Civil Causes with the ordinary Jurisdiction of the Court of Session in Scotland; and that in so doing Advantage should be taken of the Knowledge and Experience of the present Lord Chief Commissioner and of the other Lords Commissioners of the Jury Court: And whereas it is also expedient that certain other Alterations and Reductions should take place in the Judicial Establishments of Scotland; ' May it therefore please Your Majesty that it may be enacted, and be it enacted by the King'smost Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Fifth Day of October next after the passing of this Act, the Jurisdiction for Trial by Jury in Civil Causes shall be united with and shall form Part of the ordinary Administration of Justice in the Court of Session in Scotland; and the Trial of Causes by Jury shall take place in the Court of Session as hereinafter directed: Provided always, that the Jury Court and the Jurisdiction thereof shall continue as now constituted until the said Date, after which it shall cease and determine; but without Prejudice to the present Lord Chief Commissioner and the other Lords Commissioners of the Jury Court respectively continuing to perform the Duties hereinafter directed.And be it enacted, That from and after the Period when such Union shall take place as aforesaid, the Lords President of the Two Divisions shall respectively try by Jury all Issues arising out of Causes depending in these Divisions respectively when such Trials take place at Edinburgh; and may otherwise respectively discharge all Duties previously assigned to the Lord Chief Commissioner, in so far as may regard such Causes, not being inconsistent with the Provisions of this Act: Provided always, that it shall continue to be competent to the said Lord Chief Commissioner to perform all such Duties; and farther, that for the Space of Three Years from and after the Time when such Union shall take place, there shall be present and form a component Part of the Court, upon all Occasions when either of the LordsPresident of the Two Divisions of the Court of Session shall respectively try by Jury any Issue arising out of a Civil Cause, either the Lord Chief Commissioner of the Jury Court, or One of the Judges of the Court of Session, who at the Time of such Union shall have held the Office of One of the Lords Commissioners of the Jury Court; and provided farther, that in the Event of the Indisposition or necessary Absence of either of the said Lords President, such Issues shall, during the foresaid Space of Three Years, be tried either by the said Lord Chief Commissioner along with One of the Judges of the Courtof Session, or by at least Two Judges of the Court of Session, whereof there shall be One of the said Judges of the Jury Court; and that from and after the Expiration of that Period, such Issues shall in the said Events be tried by any other Judge or Judges of the Division of the Court before which the Cause may depend. An argument frequently stated by respondents is that allowing proceedings to be brought late is detrimental to the interests of good administration.