Court of Session Act 1808

United Kingdom legislation

Court of Session Act 1808^[1]
Other legislation
Act of Parliament
Parliament of the United Kingdom
Long title	An Act concerning the Administration of Justice in Scotland and concerning Appeals to the House of Lords.
Citation	48 Geo. 3. c. 151
Territorial extent	Scotland
Repealed by	Court of Session Act 1988
Status: Repealed

The Court of Session Act 1808^[1] (also known as the Administration of Justice (Scotland) Act 1808) was an Act of the Parliament of the United Kingdom (48 Geo. 3. c. 151) which reformed Scotland's highest court, the Court of Session. Reform of the Court of Session had been proposed as early as 1805 by the Whig government trying to impose a system based on that of England, especially the use of a civil jury trial. That particular government fell before their reform bill was enacted. In 1808, reform was pushed through by a Tory government. The Court was split into two divisions. 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. Decrees of the Lords Ordinary could only be appealed to the House of Lords after being reviews by the Divisional judges. The Act also established a commission to review the processes of the Court of Session, including the possibility of the introduction of jury trial and the creation of permanent Lords Ordinary. The Commissioner's review led to two further Acts, the Court of Session Act 1810 and the Court of Session Act 1813. These two Acts created the existing system of two divisions known as the Outer House and the Inner House. Trial by jury came later with the Jury Trials (Scotland) Act 1815.

It was repealed by the Court of Session Act 1988^[2]

References

Kenneth Reid (2000), A History of Private Law in Scotland, Oxford University Press

^ ^a ^b The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
^ Court of Session Act 1988, Schedule 2 Part I

UK legislation

Pre-parliamentary legislation

Acts of parliaments of states preceding
the Kingdom of Great Britain

Parliament of England	1225–1267 1275–1307 1308–1325 Temp. incert. 1327–1376 1377–1397 1399–1411 1413–1421 1422–1460 1461 1463 1464 1467 1468 1472 1474 1477 1482 1483 1485–1503 1509–1535 1536 1539–1540 1541 1542 1543 1545 1546 1547 1548 1549 1551 1553 1554 1555 1557 1558–1575 1580 1584 1586 1588 1592 1597 1601 1603 1605 1606 1609 1620 1623 1625 1627 Petition of Right 1640 Interregnum (1642–1660) 1660 1661 1662 1663 1664 1665 1666 1667 1670 1672 1675 1677 1678 1679 Habeas Corpus Act 1680 1685 1688 1689 Bill of Rights 1690 1691 1692 1693 1694 1695 1696 1697 1698 1700 1701 1702 1703 1704 1705 1706
Parliament of Scotland	to 1707

Parliament of England