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,