Lord President of the
Court of Session
and
Lord Justice General
of Scotland
Scottish Gaelic: Àrd-mhorair Cùirt an t-Seisein
Incumbent
Lord Carloway
since 18 December 2015
StyleThe Right Honourable
AppointerMonarch on the advice of the First Minister
Term lengthLife tenure with compulsory retirement at 75
Inaugural holderAlexander Mylne, Abbot of Cambuskenneth
Formation1532
DeputyLord Justice Clerk
Salary£222,862 (Salary Group 1.1)
WebsiteRoles and Jurisdiction | Judicial Office for Scotland

The Lord President of the Court of Session and Lord Justice General (Scottish Gaelic: Àrd-mhorair Cùirt an t-Seisein) is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon.

The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015. They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862.

Remit and jurisdiction

Head of the judiciary

As Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, and the Court of Session.[1]: Section 2(1)  Under Section 2(6) of the Judiciary and Courts (Scotland) Act 2008, the Lord President has authority over the judiciary of any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon.

References in this section to the Scottish judiciary are references to the judiciary of any court established under the law of Scotland (other than the Supreme Court of the United Kingdom).

— Section 2(5), Judiciary and Courts (Scotland) Act 2008[1]: Section 2(5) 

The Scottish Land Court, which until 1 April 2017 was administered separately, was transferred to the Scottish Courts and Tribunals Service.[2] The 2008 act states:

The Lord President is the Head of the Scottish Judiciary.

— Section 2(1), Judiciary and Courts (Scotland) Act 2008[1]: Section 2(1) 

The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.[1]: Schedule 3  The Lord President, and the wider judiciary, is advised on matters relating to the administration of justice by the Judicial Council for Scotland, which is a non-statutory body established in 2007. There had been plans for a statutory judges' council but these plans were abandoned in favour of a non-statutory council convened by the Lord President.[3][4][5]

Inner House

The Lord President presides over the 1st Division of the Inner House of the Court of Session.[6] The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House and Sheriff Appeal Court, and hearing appeals on questions of law from the Sheriff Appeal Court, Scottish Land Court, Court of the Lord Lyon, and the Lands Tribunal for Scotland.[7][8]

Official Oath

In Scotland the Official Oath is taken before the Lord President of the Court of Session.[9]

Lord Justice General

The Lord President is also the Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, with the two offices having been combined in 1836.The office of Lord Justice General is derived from the justiciars who were appointed from at least the twelfth century. From around 1567 onwards it was held heritably by the Earl of Argyll until the heritability was resigned to the Crown in 1607.[10]

Officeholders

Part of a series on
Scots law
Administration
Civil courts
Criminal courts
Special courts
Criminal prosecution
Legal profession

Justiciars

See also: Justiciar of Scotia and Justiciar of Lothian

(called Lord Chief Justices by Scot of Scotstarvet).

Lord Justice-General

From Until Remarks
The 7th Earl of Menteith and 1st Earl of Airth 11 July 1628 8 November 1633
Sir William Elphinstone 23 December 1635 13 November 1641
Sir Thomas Hope, younger of Kerse 18 November 1641 23 August 1643
The 8th Earl of Glencairn 13 November 1646 15 February 1649
The 6th Earl of Cassilis 15 March 1649 9 August 1651
The 2nd Earl of Atholl 16 August 1661 21 May 1675
The 5th Earl of Moray 21 May 1675 5 May 1676
The Lord Carrington 5 May 1676 30 September 1678
The Lord Tarbat 30 September 1678 1 June 1680
The 3rd Earl of Queensberry 1 June 1680 1 March 1682
The 4th Earl of Perth 1 March 1682 13 June 1684
The 3rd Earl of Linlithgow 13 June 1684 3 August 1689
The 4th Earl of Lothian 3 August 1689 15 February 1703
The 1st Earl of Cromartie 17 October 1704 23 October 1710
The 3rd Duke of Argyll and 1st Earl of Ilay 23 October 1710 15 April 1761
The 4th Marquess of Tweeddale 27 June 1761 9 December 1762
The 3rd Duke of Queensberry 15 April 1763 22 October 1778
The 2nd Earl of Mansfield 23 October 1778 1794
The 3rd Duke of Montrose 14 January 1795 30 December 1836

Lord President

From Until Remarks
Alexander Mylne, Abbot of Cambuskenneth 1532 1543 Abbot of Cambuskenneth (1519–1548)
Robert Reid, Bishop of Orkney 1543 1558 Abbot of Kinloss (1528–1553);
Commendator of Beauly (1531–1553);
Bishop of Orkney (1541–1558)
Henry Sinclair, Bishop of Ross 1558 1565 Commendator of Kilwinning (1541–1550);
Dean of Glasgow (1550–1561);
Bishop of Ross (1558–1565)
John Sinclair, Bishop of Brechin 1565 1566 Appointed a Lord of Session, 1540;
Bishop of Brechin (1565–1566)
The Lord Provand 1566 1567
The Lord Pittendreich 1567 1593 Appointed a Lord of Session, 1561
The Lord Fyvie 1593 1604 Appointed a Lord of Session, 1586;
Provost of Edinburgh (1598–1608);
Lord Chancellor of Scotland (1604–1622);
Lord High Commissioner to the Parliament of Scotland (1612–1621)
The 1st Lord Balmerino 1605 1609 Appointed a Lord of Session, 1587;
Secretary of State (1598–1609)
The Lord Fentonbarns 1609 1616 Appointed a Lord of Session, 1595
The 1st Earl of Melrose 1616 1625 Appointed a Lord of Session, 1592;
Lord Advocate (1595–1596 and 1596–1612);
Lord Clerk Register (1612)
Sir James Skene of Curriehill 1626 1633 Lord Clerk Register (1594–1612);
Appointed a Lord of Session, 1594
The Lord Newabbey 1633 1646 Appointed a Lord of Session, 1622
Sir John Gilmour of Craigmillar 1661 1671 Commissioner for Edinburghshire (1661–1671)
The 1st Viscount Stair 1671 1681 Appointed a Lord of Session, 1661;
Commissioner for Wigtownshire (1672–1674, 1678 and 1681–1682)
The 1st Earl of Aberdeen 1681 1682 Commissioner for Aberdeenshire (1669–1674, 1678 and 1681–1682);
Appointed a Lord of Session, 1680;
Lord Chancellor of Scotland (1682–1684)
Sir David Falconer of Newton 1682 1685 Appointed a Lord of Session, 1676;
Commissioner for Forfarshire (1685)
Sir George Lockhart of Carnwath 1685 31 March 1689 Appointed Dean of the Faculty of Advocates, 1672;
Commissioner for Lanarkshire (1681–1682 and 1685–1686)
The 1st Viscount Stair 28 October 1689 25 November 1695 Appointed a Lord of Session, 1661;
Commissioner for Wigtownshire (1672–1674, 1678 and 1681–1682)
The Lord North Berwick 17 March 1698 20 June 1737 Commissioner for New Galloway (1690–1702);
Dean of the Faculty of Advocates (1695–1698);
Commissioner for North Berwick (1702–1707)
The Lord Culloden 20 June 1737 4 June 1748 MP for Ayr Burghs (1721–1722);
MP for Inverness Burghs (1722–1737);
Lord Advocate (1725–1737)
The Lord Arniston, the Elder 4 June 1748 26 August 1753 Solicitor General for Scotland (1717–1720);
Lord Advocate (1720–1725);
MP for Midlothian (1722–1737);
Senator of the College of Justice (1737–1753)
The Lord Craigie 22 January 1754 10 March 1760

MP for Tain Burghs (1742–1747);
Lord Advocate (1742–1746)

The Lord Arniston, the Younger 30 April 1760 13 December 1787 Solicitor General for Scotland (1742–1746);
Dean of the Faculty of Advocates (1746–1760)
Lord Advocate (1754–1760);
MP for Midlothian (1754–1760)
The Lord Glenlee 22 December 1787 27 September 1789 MP for Dumfries Burghs (1761–1766);
Solicitor General for Scotland (1759–1760);
Lord Advocate (1760–1766);
Lord Justice Clerk (1766–1787)
The Lord Succoth 26 October 1789 31 August 1808 Solicitor General for Scotland (1783–1784);
MP for Clyde Burghs (1784–1790);
Lord Advocate (1784–1789)
The Lord Avontoun 31 August 1808 20 May 1811 Solicitor General for Scotland (1789–1806);
Dean of the Faculty of Advocates (1801–1808)
The Lord Granton 10 October 1811 20 July 1841 Lord Advocate (1801–1804);
MP for Dumfries Burghs (1802);
MP for Edinburgh (1803–1805);
Lord Justice Clerk (1804–1811)
The Lord Boyle 7 October 1841 5 May 1852 MP for Ayrshire (1807–1811);
Solicitor General for Scotland (1807–1811);
Lord Justice Clerk (1811–1841)
The Lord Colonsay 14 May 1852 25 February 1867 MP for Argyllshire (1843–1851);
Solicitor General for Scotland (1834–1835 & 1841–1842);
Lord Advocate (1842–1846)
The Lord Glencorse 25 February 1867 20 August 1891 MP for Stamford (1858); Solicitor General for Scotland (1852);
Lord Advocate (1852 & 1858);
Lord Justice Clerk (1858–1867)
The Lord Robertson 21 September 1891 21 November 1899 MP for Buteshire (1885–1891);
Solicitor General for Scotland (1885–1886 & 1886–1888);
Lord Advocate (1888–1891); Lord of Appeal in Ordinary (1899–1909)
The 1st Baron Kinross 21 November 1899 22 January 1905 MP for Clackmannan and Kinross (1880–1899);
Solicitor General for Scotland (1880–1881);
Lord Advocate (1881–1885, 1886 & 1892–1895)
1st Baron Dunedin 4 February 1905 14 October 1913 MP for Buteshire (1891–1905);
Solicitor General for Scotland (1905–1909);
Lord Advocate (1909–1913);
Secretary for Scotland (1903–1905);
Lord of Appeal in Ordinary (1913–1932)
The 1st Baron Strathclyde 14 October 1913 1 April 1920 MP for Linlithgowshire (1895–1913);
Solicitor General for Scotland (1891–1892 & 1895–1896);
Lord Advocate (1896–1903)
The Lord Clyde 1 April 1920 1 April 1935 Solicitor General for Scotland (1905);
MP for Edinburgh West (1909–1918)
and Edinburgh North (1918–1920); Lord Advocate (1916–1920)
The Lord Normand 1 April 1935 6 January 1947 MP for Edinburgh West (1931–1935);
Solicitor General for Scotland (1929 & 1931–1933);
Lord Advocate (1933–1935); Lord of Appeal in Ordinary (1947–1953)
The Lord Cooper[12] 6 January 1947 23 December 1954 MP for Edinburgh West (1935–1941);
Solicitor General for Scotland (1935);
Lord Advocate (1935–1941);
Senator of the College of Justice (1941–1954);
Lord Justice Clerk (1941-1947);
Lord President of the Court of Session (1947–1954)
The Lord Clyde[13] 23 December 1954 25 April 1972 MP for Edinburgh North (1950–1954); Lord Advocate (1951–1954);
Senator of the College of Justice (1954–1972)
The Baron Emslie[14] 25 April 1972 27 September 1989 Dean of the Faculty of Advocates (1965–1970);
Senator of the College of Justice (1970–1989)
The Baron Hope of Craighead 27 September 1989 1 October 1996 Dean of the Faculty of Advocates (1986–1989);
Senator of the College of Justice (1989–1996);
Lord of Appeal in Ordinary (1996–2009);
Second Senior Law Lord (2009);
Deputy President of the Supreme Court (2009–2013)
The Baron Rodger of Earlsferry 1 October 1996 13 November 2002 Solicitor General for Scotland (1989–1992);
Lord Advocate (1992–1995);
Senator of the College of Justice (1995–2001);
Lord of Appeal in Ordinary (2001–2009);
Justice of the Supreme Court (2009–2011)
The Baron Cullen of Whitekirk 13 November 2002 2 December 2005 Chairman of the Medical Appeals Tribunals (1977–1986);
Senator of the College of Justice (1986–2005);
Lord Justice Clerk (1997–2002)
The Lord Hamilton 2 December 2005 8 June 2012 Chairman of the Medical Appeals Tribunals (1989–1992);
President of the Pensions Appeal Tribunal in Scotland (1992–1995);
Senator of the College of Justice (1995–2012)
The Lord Gill 8 June 2012 31 May 2015 Senator of the College of Justice (1994–2015);
Lord Justice Clerk (2001–2012)
The Lord Carloway 18 December 2015 present Senator of the College of Justice (2000–present);
Lord Justice Clerk (2012–2015)

See also

References

  1. ^ a b c d Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
  2. ^ Scottish Parliament. The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 as made, from legislation.gov.uk.
  3. ^ "Strengthening Judicial Independence in a Modern Scotland – Chapter 4 – Judges' Council". www.gov.scot. The Scottish Government. 8 February 2006. Archived from the original on 4 April 2017. Retrieved 3 April 2017.
  4. ^ "Judiciary and Courts (Scotland) Bill – Policy Memorandum" (PDF). parliament.scot. The Scottish Parliament. 30 January 2008. p. 7. Archived (PDF) from the original on 4 April 2017. Retrieved 3 April 2017.
  5. ^ "Constitution of the Judicial Council for Scotland" (PDF). judiciary-scotland.org.uk. Judicial Office for Scotland. 2007. Archived (PDF) from the original on 24 September 2015. Retrieved 3 April 2017. The Judicial Council for Scotland ("the Council") is a body constituted for the purpose of providing information and advice to— (a) the Lord President of the Court of Session ("the Lord President"); and (b) the judiciary of Scotland, on matters relevant to the administration of justice in Scotland.
  6. ^ "About the Court of Session". www.scotcourts.gov.uk. Scottish Courts and Tribunal Service. Archived from the original on 14 March 2017. Retrieved 2 April 2017. The Inner House is in essence the appeal court, though it has a small range of first instance business. It is divided into the First and the Second Divisions, of equal authority, and presided over by the Lord President and the Lord Justice Clerk respectively.
  7. ^ "Court of Session Act 1988". Acts of the Parliament of the United Kingdom. 1988 (36). The National Archives: V. Archived from the original on 21 April 2017. Retrieved 20 April 2017.
  8. ^ Scottish Government (6 February 2014). Policy Memorandum, Courts Reform (Scotland) Bill (PDF) (Report). Scottish Parliament. Archived (PDF) from the original on 21 April 2017. Retrieved 20 April 2017.
  9. ^ "Schedule, Promissory Oaths Act 1868". Acts of the Parliament of the United Kingdom. 72. The National Archives: Schedule. 1868. Archived from the original on 21 April 2017. Retrieved 20 April 2017. The oath as to England is to be tendered by the Clerk of the Council, and taken in presence of Her Majesty in Council, or otherwise as Her Majesty shall direct. The oath as to Scotland is to be tendered by the Lord President of the Court of Session at a sitting of the Court.
  10. ^ "Section 18, Court of Session Act 1830", Acts of the Parliament of the United Kingdom, vol. 69, p. 18, 23 July 1830, Office of lord justice general to devolve on lord president.
  11. ^ "The Scots peerage : Founded on Wood's ed. Of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom". archive.org. Archived from the original on 11 April 2016.
  12. ^ "No. 16401". The Edinburgh Gazette. 7 January 1947. p. 7.
  13. ^ "No. 17246". The Edinburgh Gazette. 28 December 1954. p. 687.
  14. ^ "No. 19080". The Edinburgh Gazette. 17 March 1972. p. 241.
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