In my post about the For Women Scotland Ltd v The Scottish Misisters [2024] UKSC 42 case, I promised I would do my best to give an explanation of Scotland's court system, which is bifurcated into civil and criminal jurisdictions, each with its own hierarchy:
Civil Courts
Sheriff Courts: These are the primary courts for civil matters, handling cases such as family disputes, personal injury claims, and contractual disagreements. They have jurisdiction over cases with a monetary value up to £100,000.
Court of Session: As Scotland's supreme civil court, it is divided into:
Outer House: Functions as a court of first instance for significant or complex civil cases.
Inner House: Serves as the principal appellate court for civil matters.
Criminal Courts
Justice of the Peace Courts: Handle minor criminal offences, such as traffic violations and petty theft.
Sheriff Courts: Deal with more serious criminal cases, both summary (without a jury) and solemn (with a jury).
High Court of Justiciary: Scotland's supreme criminal court, handling the most serious offences like murder and rape. It also serves as the appellate court for criminal cases.
Case Progression: For Women Scotland Ltd v The Scottish Ministers
This case provides a practical example of how a civil matter can ascend through Scotland's court hierarchy:
- Initiation at the Outer House: The case began in the Outer House of the Court of Session, where For Women Scotland Ltd challenged statutory guidance issued by the Scottish Ministers regarding the definition of "woman" in the context of the Gender Representation on Public Boards (Scotland) Act 2018.
- Appeal to the Inner House: Following the Outer House's decision, the case was appealed to the Inner House of the Court of Session. Here, a panel of judges reviewed the legal interpretations and conclusions of the initial ruling.
- Escalation to the UK Supreme Court: Given the case's significance and the legal questions involved, particularly concerning the interpretation of the Equality Act 2010, it was further appealed to the UK Supreme Court. The Supreme Court's role was to determine whether the Scottish Ministers' guidance was lawful and whether it aligned with UK-wide legislation.
Significance of the Case
The For Women Scotland case underscores the complexities of legal definitions and the interplay between Scottish and UK legislation. It highlights how a case can traverse multiple levels of the judiciary, reflecting the system's checks and balances.
Understanding the structure and function of Scotland's courts is crucial for appreciating how legal disputes are resolved and how precedent is established within the Scottish legal system.