Lord President of the Court of Session


The Lord President of the Court of Session and Lord Justice General 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.

Lord President of the
Court of Session
and
Lord Justice General
of Scotland
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 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


Justiciars

(called Lord Chief Justices by Scot of Scotstarvet).

Lord Justice-General

FromUntilRemarks
The 7th Earl of Menteith and 1st Earl of Airth11 July 16288 November 1633
Sir William Elphinstone23 December 163513 November 1641
Sir Thomas Hope, younger of Kerse18 November 164123 August 1643
The 8th Earl of Glencairn13 November 164615 February 1649
The 6th Earl of Cassilis15 March 16499 August 1651
The 2nd Earl of Atholl16 August 166121 May 1675
The 5th Earl of Moray21 May 16755 May 1676
The Lord Carrington5 May 167630 September 1678
The Lord Tarbat30 September 16781 June 1680
The 3rd Earl of Queensberry1 June 16801 March 1682
The 4th Earl of Perth1 March 168213 June 1684
The 3rd Earl of Linlithgow13 June 16843 August 1689
The 4th Earl of Lothian3 August 168915 February 1703
The 1st Earl of Cromartie17 October 170423 October 1710
The 3rd Duke of Argyll and 1st Earl of Ilay23 October 171015 April 1761
The 4th Marquess of Tweeddale27 June 17619 December 1762
The 3rd Duke of Queensberry15 April 176322 October 1778
The 2nd Earl of Mansfield23 October 17781794
The 3rd Duke of Montrose14 January 179530 December 1836

Lord President

FromUntilRemarks
Alexander Mylne, Abbot of Cambuskenneth15321543Abbot of Cambuskenneth (1519–1548)
Robert Reid, Bishop of Orkney15431558Abbot of Kinloss (1528–1553);
Commendator of Beauly (1531–1553);
Bishop of Orkney (1541–1558)
Henry Sinclair, Bishop of Ross15581565Commendator of Kilwinning (1541–1550);
Dean of Glasgow (1550–1561);
Bishop of Ross (1558–1565)
John Sinclair, Bishop of Brechin15651566Appointed a Lord of Session, 1540;
Bishop of Brechin (1565–1566)
The Lord Provand15661567
The Lord Pittendreich15671593Appointed a Lord of Session, 1561
The Lord Fyvie15931604Appointed 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 Balmerino16051609Appointed a Lord of Session, 1587;
Secretary of State (1598–1609)
The Lord Fentonbarns16091616Appointed a Lord of Session, 1595
The 1st Earl of Melrose16161625Appointed a Lord of Session, 1592;
Lord Advocate (1595–1596 and 1596–1612);
Lord Clerk Register (1612)
Sir James Skene of Curriehill16261633Lord Clerk Register (1594–1612);
Appointed a Lord of Session, 1594
The Lord Newabbey16331646Appointed a Lord of Session, 1622
Sir John Gilmour of Craigmillar16611671Commissioner for Edinburghshire (1661–1671)
The 1st Viscount Stair16711681Appointed a Lord of Session, 1661;
Commissioner for Wigtownshire (1672–1674, 1678 and 1681–1682)
The 1st Earl of Aberdeen16811682Commissioner for Aberdeenshire (1669–1674, 1678 and 1681–1682);
Appointed a Lord of Session, 1680;
Lord Chancellor of Scotland (1682–1684)
Sir David Falconer of Newton16821685Appointed a Lord of Session, 1676;
Commissioner for Forfarshire (1685)
Sir George Lockhart of Carnwath168531 March 1689Appointed Dean of the Faculty of Advocates, 1672;
Commissioner for Lanarkshire (1681–1682 and 1685–1686)
The 1st Viscount Stair28 October 168925 November 1695Appointed a Lord of Session, 1661;
Commissioner for Wigtownshire (1672–1674, 1678 and 1681–1682)
The Lord North Berwick17 March 169820 June 1737Commissioner for New Galloway (1690–1702);
Dean of the Faculty of Advocates (1695–1698);
Commissioner for North Berwick (1702–1707)
The Lord Culloden20 June 17374 June 1748MP for Ayr Burghs (1721–1722);
MP for Inverness Burghs (1722–1737);
Lord Advocate (1725–1737)
The Lord Arniston, the Elder4 June 174826 August 1753Solicitor General for Scotland (1717–1720);
Lord Advocate (1720–1725);
MP for Midlothian (1722–1737);
Senator of the College of Justice (1737–1753)
The Lord Glendoick22 January 175410 March 1760

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

The Lord Arniston, the Younger30 April 176013 December 1787Solicitor General for Scotland (1742–1746);
Dean of the Faculty of Advocates (1746–1760)
Lord Advocate (1754–1760);
MP for Midlothian (1754–1760)
The Lord Glenlee22 December 178727 September 1789MP for Dumfries Burghs (1761–1766);
Solicitor General for Scotland (1759–1760);
Lord Advocate (1760–1766);
Lord Justice Clerk (1766–1787)
The Lord Succoth26 October 178931 August 1808Solicitor General for Scotland (1783–1784);
MP for Clyde Burghs (1784–1790);
Lord Advocate (1784–1789)
The Lord Avontoun31 August 180820 May 1811Solicitor General for Scotland (1789–1806);
Dean of the Faculty of Advocates (1801–1808)
The Lord Granton10 October 181120 July 1841Lord Advocate (1801–1804);
MP for Dumfries Burghs (1802);
MP for Edinburgh (1803–1805);
Lord Justice Clerk (1804–1811)
The Lord Boyle7 October 18415 May 1852MP for Ayrshire (1807–1811);
Solicitor General for Scotland (1807–1811);
Lord Justice Clerk (1811–1841)
The Lord Colonsay14 May 185225 February 1867MP for Argyllshire (1843–1851);
Solicitor General for Scotland (1834–1835 & 1841–1842);
Lord Advocate (1842–1846)
The Lord Glencorse25 February 186720 August 1891MP for Stamford (1858); Solicitor General for Scotland (1852);
Lord Advocate (1852 & 1858);
Lord Justice Clerk (1858–1867)
The Lord Robertson21 September 189121 November 1899MP 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 Kinross21 November 189922 January 1905MP for Clackmannan and Kinross (1880–1899);
Solicitor General for Scotland (1880–1881);
Lord Advocate (1881–1885, 1886 & 1892–1895)
1st Baron Dunedin4 February 190514 October 1913MP 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 Strathclyde14 October 19131 April 1920MP for Linlithgowshire (1895–1913);
Solicitor General for Scotland (1891–1892 & 1895–1896);
Lord Advocate (1896–1903)
The Lord Clyde1 April 19201 April 1935Solicitor General for Scotland (1905);
MP for Edinburgh West (1909–1918)
and Edinburgh North (1918–1920); Lord Advocate (1916–1920)
The Lord Normand1 April 19356 January 1947MP 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 194723 December 1954MP 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 (1947–1954)
The Lord Clyde[13]23 December 195425 April 1972MP for Edinburgh North (1950–1954); Lord Advocate (1951–1954);
Senator of the College of Justice (1954–1972)
The Baron Emslie[14]25 April 197227 September 1989Dean of the Faculty of Advocates (1965–1970);
Senator of the College of Justice (1970–1989)
The Baron Hope of Craighead27 September 19891 October 1996Dean 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 Earlsferry1 October 199613 November 2001Solicitor 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 Whitekirk13 November 20012 December 2005Chairman of the Medical Appeals Tribunals (1977–1986);
Senator of the College of Justice (1986–2005);
Lord Justice Clerk (1997–2001)
The Lord Hamilton2 December 20058 June 2012Chairman of the Medical Appeals Tribunals (1988–1992);
President of the Pensions Appeal Tribunal in Scotland (1992–1995);
Senator of the College of Justice (1995–2012)
The Lord Gill8 June 201231 May 2015Senator of the College of Justice (1994–2015);
Lord Justice Clerk (2001–2012)
The Lord Carloway18 December 2015presentSenator of the College of Justice (2000–present);
Lord Justice Clerk (2012–2015)

See also


References


  1. 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. The National Archives. 1988 (36): 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. The National Archives. 72: 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, 69, p. 18, 23 July 1830, Office of lord justice general to devolve on lord president.
  11. https://archive.org/stream/scotspeeragefoun03pauluoft#page/172/mode/2up Archived 11 April 2016 at the Wayback Machine
  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.