Scots civil procedure
Scots civil procedure governs the rules of civil procedure in Scotland. It deals with the jurisdiction of Scottish civil courts, namely the Court of Session and Sheriff Courts. Civil procedure is generally regulated by Acts of Sederunt which are ordinances passed by the Court of Session. Rules for the functioning of the Court of Session are generally decided upon by the Court of Session Rules Council, which was instituted by the Administration of Justice (Scotland) Act 1933 and reconfirmed by the Court of Session Act 1988[1][2] and those for the Sheriff Court are agreed on by the Sheriff Court Rules Council, which is the body responsible for reviewing the Sheriff Court civil procedure under review.[3] Primary legislation may alse be enacted to regulate civil procedure, such as the Civil Evidence (Scotland) Act 1988 which removed requirements for corroborating evidence.[4]
Since the enactment of the Human Rights Act 1998, civil procedure has increasingly been shaped by case law from the European Court of Human Rights.[citation needed]
See also
References
- ^ Court of Session Rules Council, Scottish Court Service, retrieved 2007-11-22
- ^ "Section 8, Court of Session Act 1988", Acts of the United Kingdom Parliament, vol. 1988, no. 36, Office of Public Sector Information, p. 8, retrieved 2009-08-29,
The Rules Council established under section 18 of the [1933 c. 41.] Administration of Justice (Scotland) Act 1933 shall continue
- ^ "Sheriff Courts (Scotland) Act 1971", Acts of the United Kingdom Parliament, vol. 1971, no. 58, UK Statute Law Database, pp. 32–34, 1971-06-27, retrieved 2009-08-29,
the Court of Session may by act of sederunt regulate and prescribe the procedure and practice to be followed in any civil proceedings in the sheriff court
- ^ "Civil Evidence (Scotland) Act 1988", Acts of the Parliament of the United Kingdom, vol. 1988, no. 32, UK Statute Law Database, 1988-07-29
- AD Murray, 'Court of Session procedure: past, present and future' (1997) 31 Scots Law Times 259-263
- G Maher and B Rodger, Civil Jurisdiction in the Scottish Courts (Greens Practice Library 2009)
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