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ARTICLE · 24 FEBRUARY 2014

Civil Justice

Chapter 7 of the White Paper considers Justice. Scotland already has its own separate legal system so the potential for change is not as far reaching as in some other areas set out in the White Paper.

United KingdomLitigation, Mediation & Arbitration
Graeme MacLeod
Graeme MacLeod
Esther Duncan
Esther Duncan

Chapter 7 of the White Paper considers Justice. Scotland already has its own separate legal system so the potential for change is not as far reaching as in some other areas set out in the White Paper. Additionally, much of what the White Paper has to say about Justice relates to the criminal justice system.

In relation to civil matters, the key change is that disputes would no longer be referred to the Supreme Court in London, instead being dealt with by the existing Inner House (for civil matters) which, along with the High Court of Justiciary (for criminal matters), would become known as the Supreme Court of Scotland.

The practical effect

Post-independence, decisions of the UK Supreme Court on points of Scots law made before independence would remain binding unless and until overturned by the Supreme Court of Scotland. The present position whereby decisions of the UK Supreme Court on English law matters are persuasive in Scots law, but no more than that,

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