Wikipedia
Lord President of the Court of Session
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.
| Lord President of the Court of Session and Lord Justice General of Scotland | |
|---|---|
| Scottish Gaelic: Àrd-mhorair Cùirt an t-Seisein | |
| Style | The Right Honourable |
| Appointer | Monarch on the advice of the First Minister |
| Term length | Life tenure with compulsory retirement at 75 |
| Inaugural holder | Alexander Mylne, Abbot of Cambuskenneth |
| Formation | 1532 |
| Deputy | Lord Justice Clerk |
| Salary | £222,862 (Salary Group 1.1) |
| Website | Roles 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 edit
Head of the judiciary edit
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 edit
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 edit
In Scotland the Official Oath is taken before the Lord President of the Court of Session.[9]
Lord Justice General edit
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 edit
Justiciars edit
(called Lord Chief Justices by Scot of Scotstarvet).
- Argadus, Captain of Argyll, in the reign of Ethodius
- Comes Dunetus; in the reign of King William the Lion. (Donnchad II, Earl of Fife)
- William Comyn
- Richard Comyn
- David, Earl of Huntingdon (died 1219)
- Walter Clifford, Justiciary of the Lothians
- 1216: Allan, Justiciary to King Alexander II
- 1224: William Cumin, Earl of Buchan
- Walter (died 1241), son of Allan High Steward of Scotland
- 1239: William, Earl of Ross, "Lord Chief Justice of Scotland"
- Alexander (d.1283), High Steward of Scotland to King Alexander II
- 1253: Alexander Cumin, Earl of Buchan
- 1366: Robert de Erskine, Justiciary South of the Forth for King David II
- bef 1372: Alan de Lawedre of The Bass, Whitslaid, & Haltoun, Justiciary South of the Forth, (he received a pension for holding this post in 1374).
- 1437: James Douglas, Earl of Avondale and Lord Balveny[11]
- 1446: Patrick de Ogilvy, Justiciary South of the Forth
- 1457: John, Lord Lindsay of the Byres, Justiciary South of the Forth
- William Sinclair, 3rd Earl of Orkney & Caithness (d.1480), Justiciary North of the Forth for King James II
- 1477: John Haldane of Gleneagles, Justiciary North of the Forth
- Patrick Hepburn, 1st Lord Hailes (died after 1482), and Robert, 2nd Lord Lyle, Justiciaries South of the Forth
- Andrew, Earl of Crawfurd, and George Gordon, 2nd Earl of Huntly, Justiciaries North of the Forth
- 1488: Robert Lyle, 2nd Lord Lyle (died c. 1497), "Lord Chief Justice"
- 1489: John Lyon, 3rd Lord Glamis (died 1 April 1497), and John Drummond, 1st Lord Drummond: "Justice-General"
- 1492: Robert Lyle, 2nd Lord Lyle, and John Lyon, 3rd Lord Glamis
- 1494: John Drummond, 1st Lord Drummond (died c1519)
- 1504: Andrew Gray, 2nd Lord Gray, and John Kennedy, 2nd Lord Kennedy
- 1514: Colin Campbell, 3rd Earl of Argyll
- 1526: Archibald Douglas of Kilspindie
- 1532: Alexander Mylne, Abbot of Cambuskenneth
- 1537: Archibald Campbell, 4th Earl of Argyll
- 1567: Sir Colin Campbell, 6th Earl of Argyll, (d.1584) (heritably)
- 1578: Sir Colin Campbell, 6th Earl of Argyll, (re-appointment?)
- 1589: Archibald Campbell, 7th Earl of Argyll, (who exchanged the heritable office of Lord Chief Justice in 1607, for the heritable Lieutenancy of Argyll and Lorn, and most of The Isles).
Lord Justice-General edit
| 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 edit
| 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); |
| 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 (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 edit
References edit
- ^ a b c d Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 as amended (see also enacted form), from legislation.gov.uk.
- ^ Scottish Parliament. The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 as made, from legislation.gov.uk.
- ^ "Strengthening Judicial Independence in a Modern Scotland – Chapter 4 – Judges' Council". www.gov.scot. The Scottish Government. 8 February 2006. from the original on 4 April 2017. Retrieved 3 April 2017.
- ^ "Judiciary and Courts (Scotland) Bill – Policy Memorandum" (PDF). parliament.scot. The Scottish Parliament. 30 January 2008. p. 7. (PDF) from the original on 4 April 2017. Retrieved 3 April 2017.
- ^ "Constitution of the Judicial Council for Scotland" (PDF). judiciary-scotland.org.uk. Judicial Office for Scotland. 2007. (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.
- ^ "About the Court of Session". www.scotcourts.gov.uk. Scottish Courts and Tribunal Service. 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.
- ^ "Court of Session Act 1988". Acts of the Parliament of the United Kingdom. The National Archives. 1988 (36): V. from the original on 21 April 2017. Retrieved 20 April 2017.
- ^ Scottish Government (6 February 2014). Policy Memorandum, Courts Reform (Scotland) Bill (PDF) (Report). Scottish Parliament. (PDF) from the original on 21 April 2017. Retrieved 20 April 2017.
- ^ "Schedule, Promissory Oaths Act 1868". Acts of the Parliament of the United Kingdom. The National Archives. 72: Schedule. 1868. 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.
- ^ "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.
- ^ . archive.org. Archived from the original on 11 April 2016.
- ^ "No. 16401". The Edinburgh Gazette. 7 January 1947. p. 7.
- ^ "No. 17246". The Edinburgh Gazette. 28 December 1954. p. 687.
- ^ "No. 19080". The Edinburgh Gazette. 17 March 1972. p. 241.