Lord President of the Court of Session: Difference between revisions
Tags: Mobile edit Mobile web edit |
→Lord President: Accuracy |
||
(34 intermediate revisions by 22 users not shown) | |||
Line 1: | Line 1: | ||
{{Short description|Most senior judge in Scotland}} |
|||
{{redirect|Lord Justice General|the Lord Justice General of Ireland|Lords Justices of Ireland}} |
|||
{{Use dmy dates|date=January 2020}} |
{{Use dmy dates|date=January 2020}} |
||
{{Infobox official post |
{{Infobox official post |
||
|post |
| post = Lord President of the<br />Court of Session<br /><small>and</small><br />Lord Justice General<br />of Scotland |
||
| native_name = {{lang-gd|Àrd-mhorair Cùirt an t-Seisein}} |
|||
|body = |
|||
| body = |
|||
|insignia |
| insignia = Logo of the lord president.svg |
||
|insigniasize |
| insigniasize = 200 |
||
|insigniacaption = |
| insigniacaption = |
||
|image = |
|||
| |
| image = Lord Carloway.jpg |
||
| incumbent = [[Colin Sutherland, Lord Carloway|Lord Carloway]] |
|||
| |
| incumbentsince = 18 December 2015 |
||
|style |
| style = [[The Right Honourable]] |
||
|appointer |
| appointer = [[Monarchy of the United Kingdom|Monarch]] on the advice of the [[First Minister of Scotland|First Minister]] |
||
|termlength |
| termlength = [[Life tenure]] with compulsory retirement at 75 |
||
|formation |
| formation = 1532 |
||
|deputy |
| deputy = [[Lord Justice Clerk]] |
||
|succession |
| succession = |
||
|inaugural |
| inaugural = Alexander Mylne, Abbot of Cambuskenneth |
||
|website |
| website = [http://www.scotland-judiciary.org.uk/17/0/Roles-and-Jurisdiction Roles and Jurisdiction {{!}} Judicial Office for Scotland] |
||
|salary |
| salary = [[Pound sterling|£]]222,862 (Salary Group 1.1) |
||
}} |
}} |
||
The '''Lord President of the Court of Session''' and '''Lord Justice General''' is the most senior [[judge]] in [[Scotland]], the head of the [[Judiciary of Scotland|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 '''Lord President of the Court of Session''' and '''Lord Justice General''' ({{lang-gd|Àrd-mhorair Cùirt an t-Seisein}}) is the most senior [[judge]] in [[Scotland]], the head of the [[Judiciary of Scotland|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 [[Colin Sutherland, Lord Carloway|Lord Carloway]], who was appointed to the position on 18 December 2015. They are paid according to |
The current Lord President of the Court of Session is [[Colin Sutherland, Lord Carloway|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== |
==Remit and jurisdiction== |
||
===Lord President of the Court of Session=== |
|||
The current Lord President of the Court of Session is [[Colin Sutherland, Lord Carloway|Lord Carloway]], who was appointed to the position on 18 December 2015.<ref name="bbccarloway">{{cite news|title=Lord Carloway appointed as Lord President – Scotland's most senior judge|url=https://www.bbc.co.uk/news/uk-scotland-35133550|accessdate=20 April 2017|work=BBC News|publisher=[[BBC|British Broadcasting Corporation]]|date=18 December 2015|url-status=live|archiveurl=https://web.archive.org/web/20170425012459/http://www.bbc.co.uk/news/uk-scotland-35133550|archivedate=25 April 2017}}</ref> The Lord President is paid according to Salary Group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862.<ref name="salary2016">{{cite web|title=Ministry of Justice Salary Scales from 1 April 2016|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518055/moj-judicial-salaries-1-april-2016.pdf|website=gov.uk|publisher=Ministry of Justice|accessdate=5 April 2017|date=1 April 2016|url-status=live|archiveurl=https://web.archive.org/web/20170425065947/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518055/moj-judicial-salaries-1-april-2016.pdf|archivedate=25 April 2017}}</ref> |
|||
=== |
=== 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 of Scotland|judiciary]], and the presiding judge of the [[College of Justice]], and the [[Court of Session]].<ref name="act2008">{{Cite legislation Scotland|type=act|year=2008|chapter=6|act=Judiciary and Courts (Scotland) Act 2008}}</ref>{{rp|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]].{{ |
As Lord President of the Court of Session and is the most senior [[judge]] in [[Scotland]], the head of the [[Judiciary of Scotland|judiciary]], and the presiding judge of the [[College of Justice]], and the [[Court of Session]].<ref name="act2008">{{Cite legislation Scotland|type=act|year=2008|chapter=6|act=Judiciary and Courts (Scotland) Act 2008}}</ref>{{rp|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]].{{Blockquote|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<ref name="act2008" />{{rp|Section 2(5)}}}} The [[Scottish Land Court]], which until 1 April 2017 was administered separately, was transferred to the [[Scottish Courts and Tribunals Service]].<ref name="landcourtorder">{{cite legislation Scotland|type=ssi|year=2017|number=88|ssi=The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017}}</ref> The 2008 act states: |
||
{{ |
{{blockquote|The Lord President is the Head of the Scottish Judiciary.|Section 2(1)|Judiciary and Courts (Scotland) Act 2008<ref name="act2008" />{{rp|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]].<ref name="act2008" />{{rp|Schedule 3}} The Lord President, and the wider judiciary, is advised on matters relating to the administration of justice by the |
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]].<ref name="act2008" />{{rp|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.<ref name="judgescouncil">{{cite web|title=Strengthening Judicial Independence in a Modern Scotland – Chapter 4 – Judges' Council|url=http://www.gov.scot/Publications/2006/01/30154152/6|website=www.gov.scot|publisher=The Scottish Government|access-date=3 April 2017|language=en-gb|date=8 February 2006|url-status=live|archive-url=https://web.archive.org/web/20170404044328/http://www.gov.scot/Publications/2006/01/30154152/6|archive-date=4 April 2017}}</ref><ref name="nonstat">{{cite web|title=Judiciary and Courts (Scotland) Bill – Policy Memorandum|url=http://www.parliament.scot/S3_Bills/Judiciary%20and%20Courts%20(Scotland)%20Bill/b6s3-introd-pm.pdf|website=parliament.scot|publisher=The Scottish Parliament|access-date=3 April 2017|page=7|language=en|date=30 January 2008|url-status=live|archive-url=https://web.archive.org/web/20170404043921/http://www.parliament.scot/S3_Bills/Judiciary%20and%20Courts%20(Scotland)%20Bill/b6s3-introd-pm.pdf|archive-date=4 April 2017}}</ref><ref name="council">{{cite web|title=Constitution of the Judicial Council for Scotland|url=http://www.scotland-judiciary.org.uk/Upload/Documents/07DECJudicialCouncilConstitution.pdf|website=judiciary-scotland.org.uk|publisher=Judicial Office for Scotland|access-date=3 April 2017|language=en|date=2007|quote=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.|url-status=live|archive-url=https://web.archive.org/web/20150924085447/http://www.scotland-judiciary.org.uk/Upload/Documents/07DECJudicialCouncilConstitution.pdf|archive-date=24 September 2015}}</ref> |
||
=== |
=== Inner House === |
||
The Lord President presides over the 1st Division of the [[Inner House]] of the Court of Session.<ref name="innerhouse">{{cite web|title=About the Court of Session|url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|website=www.scotcourts.gov.uk|publisher=Scottish Courts and Tribunal Service| |
The Lord President presides over the 1st Division of the [[Inner House]] of the Court of Session.<ref name="innerhouse">{{cite web|title=About the Court of Session|url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|website=www.scotcourts.gov.uk|publisher=Scottish Courts and Tribunal Service|access-date=2 April 2017|quote=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.|url-status=live|archive-url=https://web.archive.org/web/20170314090907/http://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|archive-date=14 March 2017}}</ref> 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 [[question of law|questions of law]] from the [[Sheriff Appeal Court]], [[Scottish Land Court]], [[Court of the Lord Lyon]], and the [[Lands Tribunal for Scotland]].<ref>{{Cite journal |title=Court of Session Act 1988 |periodical=Acts of the Parliament of the United Kingdom |url=http://www.legislation.gov.uk/ukpga/1988/36/part/V |publisher=The National Archives |volume=1988 |issue=36 |page=V |access-date=20 April 2017 |url-status=live |archive-url=https://web.archive.org/web/20170421095609/http://www.legislation.gov.uk/ukpga/1988/36/part/V |archive-date=21 April 2017 }}</ref><ref name="act2014pm">{{cite report|title=Policy Memorandum, Courts Reform (Scotland) Bill|author=Scottish Government|publisher=Scottish Parliament|date=6 February 2014|access-date=20 April 2017|url=http://www.parliament.scot/S4_Bills/Courts%20Reform%20(Scotland)%20Bill/b46s4-introd-pm.pdf|url-status=live|archive-url=https://web.archive.org/web/20170421093813/http://www.parliament.scot/S4_Bills/Courts%20Reform%20(Scotland)%20Bill/b46s4-introd-pm.pdf|archive-date=21 April 2017}}</ref> |
||
=== |
=== Official Oath === |
||
In Scotland the [[Oath of Allegiance (United Kingdom)|Official Oath]] is taken before the Lord President of the Court of Session.<ref>{{Cite journal| title=Schedule, Promissory Oaths Act 1868| url=http://www.legislation.gov.uk/ukpga/Vict/31-32/72/schedule| periodical=Acts of the Parliament of the United Kingdom| year=1868| volume=72| page=Schedule| |
In Scotland the [[Oath of Allegiance (United Kingdom)|Official Oath]] is taken before the Lord President of the Court of Session.<ref>{{Cite journal| title=Schedule, Promissory Oaths Act 1868| url=http://www.legislation.gov.uk/ukpga/Vict/31-32/72/schedule| periodical=Acts of the Parliament of the United Kingdom| year=1868| volume=72| page=Schedule| access-date=20 April 2017| publisher=The National Archives| quote=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.| url-status=live| archive-url=https://web.archive.org/web/20170421090829/http://www.legislation.gov.uk/ukpga/Vict/31-32/72/schedule| archive-date=21 April 2017| df=dmy-all}}</ref> |
||
===Lord Justice General=== |
===Lord Justice General=== |
||
Line 63: | Line 64: | ||
* 1366: Robert de Erskine, Justiciary South of the Forth for King [[David II of Scotland|David II]] |
* 1366: Robert de Erskine, Justiciary South of the Forth for King [[David II of Scotland|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). |
* 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, 7th Earl of Douglas|James Douglas, Earl of Avondale and Lord Balveny]]<ref>https://archive.org/stream/scotspeeragefoun03pauluoft#page/172/mode/2up |
* 1437: [[James Douglas, 7th Earl of Douglas|James Douglas, Earl of Avondale and Lord Balveny]]<ref>{{cite web |url=https://archive.org/stream/scotspeeragefoun03pauluoft#page/172/mode/2up |title= 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|website=archive.org |archive-url=https://web.archive.org/web/20160411075950/https://archive.org/stream/scotspeeragefoun03pauluoft |archive-date=11 April 2016}}</ref> |
||
* 1446: Patrick de Ogilvy, Justiciary South of the Forth |
* 1446: Patrick de Ogilvy, Justiciary South of the Forth |
||
* 1457: |
* 1457: John, Lord Lindsay of the Byres, Justiciary South of the Forth |
||
* [[William Sinclair, 1st Earl of Caithness|William Sinclair, 3rd Earl of Orkney & Caithness]] (d.1480), Justiciary North of the Forth for King [[James II of Scotland|James II]] |
* [[William Sinclair, 1st Earl of Caithness|William Sinclair, 3rd Earl of Orkney & Caithness]] (d.1480), Justiciary North of the Forth for King [[James II of Scotland|James II]] |
||
* 1477: John Haldane of Gleneagles, Justiciary North of the Forth |
* 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 |
* [[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 |
* Andrew, Earl of Crawfurd, and [[George Gordon, 2nd Earl of Huntly]], Justiciaries North of the Forth |
||
* 1488: [[Robert Lyle, 2nd Lord Lyle]] ( |
* 1488: [[Robert Lyle, 2nd Lord Lyle]] (died {{Circa|1497}}), "Lord Chief Justice" |
||
* 1489: [[John Lyon, 3rd Lord Glamis]] (died 1 April 1497), and [[John Drummond, 1st Lord Drummond]]: "Justice-General" |
* 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]] |
* 1492: [[Robert Lyle, 2nd Lord Lyle]], and [[John Lyon, 3rd Lord Glamis]] |
||
Line 90: | Line 91: | ||
| [[William Graham, 1st Earl of Airth|The 7th Earl of Menteith and 1st Earl of Airth]] || 11 July 1628 || 8 November 1633 || |
| [[William Graham, 1st Earl of Airth|The 7th Earl of Menteith and 1st Earl of Airth]] || 11 July 1628 || 8 November 1633 || |
||
|- |
|- |
||
| [[George Elphinstone|Sir William Elphinstone]] || 23 December 1635 || 13 November 1641 || |
| [[George Elphinstone#William Elphinstone|Sir William Elphinstone]] || 23 December 1635 || 13 November 1641 || |
||
|- |
|- |
||
| [[Sir Thomas Hope of Kerse|Sir Thomas Hope, younger of Kerse]] || 18 November 1641 || 23 August 1643 || |
| [[Sir Thomas Hope of Kerse|Sir Thomas Hope, younger of Kerse]] || 18 November 1641 || 23 August 1643 || |
||
Line 116: | Line 117: | ||
| [[George Mackenzie, 1st Earl of Cromartie|The 1st Earl of Cromartie]] || 17 October 1704 || 23 October 1710 || |
| [[George Mackenzie, 1st Earl of Cromartie|The 1st Earl of Cromartie]] || 17 October 1704 || 23 October 1710 || |
||
|- |
|- |
||
| [[Archibald Campbell, 3rd Duke of Argyll|The 3rd Duke of Argyll]] || 23 October 1710 || 15 April 1761 || |
| [[Archibald Campbell, 3rd Duke of Argyll|The 3rd Duke of Argyll and 1st Earl of Ilay]] || 23 October 1710 || 15 April 1761 || |
||
|- |
|- |
||
| [[John Hay, 4th Marquess of Tweeddale]] || 27 June 1761 || 9 December 1762 || |
| [[John Hay, 4th Marquess of Tweeddale|The 4th Marquess of Tweeddale]] || 27 June 1761 || 9 December 1762 || |
||
|- |
|- |
||
| [[Charles Douglas, 3rd Duke of Queensberry]] || 15 April 1763 || 22 October 1778 || |
| [[Charles Douglas, 3rd Duke of Queensberry|The 3rd Duke of Queensberry]] || 15 April 1763 || 22 October 1778 || |
||
|- |
|- |
||
| [[David Murray, 2nd Earl of Mansfield]] || 23 October 1778 || 1794 || |
| [[David Murray, 2nd Earl of Mansfield|The 2nd Earl of Mansfield]] || 23 October 1778 || 1794 || |
||
|- |
|- |
||
| [[James Graham, 3rd Duke of Montrose]] || 14 January 1795 || 30 December 1836 || |
| [[James Graham, 3rd Duke of Montrose|The 3rd Duke of Montrose]] || 14 January 1795 || 30 December 1836 || |
||
|- |
|- |
||
|} |
|} |
||
===Lord President=== |
===Lord President=== |
||
{| class="wikitable |
{| class="wikitable" |
||
|- |
|- |
||
! || From || Until || Remarks |
! || From || Until || Remarks |
||
Line 135: | Line 136: | ||
| Alexander Mylne, Abbot of Cambuskenneth || 1532 || 1543 || <small>[[Abbot of Cambuskenneth]] (1519–1548)</small> |
| Alexander Mylne, Abbot of Cambuskenneth || 1532 || 1543 || <small>[[Abbot of Cambuskenneth]] (1519–1548)</small> |
||
|- |
|- |
||
| [[Robert Reid (bishop)|Robert Reid]], [[Bishop of Orkney]] || 1543 || 1558 || <small>[[Abbot of Kinloss]] (1528–1553); <br>[[Prior of Beauly|Commendator of Beauly]] (1531–1553); <br>[[Bishop of Orkney]] (1541–1558)</small> |
| [[Robert Reid (bishop)|Robert Reid]], [[Bishop of Orkney]] || 1543 || 1558 || <small>[[Abbot of Kinloss]] (1528–1553); <br />[[Prior of Beauly|Commendator of Beauly]] (1531–1553); <br />[[Bishop of Orkney]] (1541–1558)</small> |
||
|- |
|- |
||
| [[Henry Sinclair (bishop)|Henry Sinclair]], [[Bishop of Ross (Scotland)|Bishop of Ross]] || 1558 || 1565 || <small>[[Abbot of Kilwinning|Commendator of Kilwinning]] (1541–1550); <br>[[Dean (Christianity)|Dean]] of [[Glasgow Cathedral|Glasgow]] (1550–1561); <br>[[Bishop of Ross (Scotland)|Bishop of Ross]] (1558–1565)</small> |
| [[Henry Sinclair (bishop)|Henry Sinclair]], [[Bishop of Ross (Scotland)|Bishop of Ross]] || 1558 || 1565 || <small>[[Abbot of Kilwinning|Commendator of Kilwinning]] (1541–1550); <br />[[Dean (Christianity)|Dean]] of [[Glasgow Cathedral|Glasgow]] (1550–1561); <br />[[Bishop of Ross (Scotland)|Bishop of Ross]] (1558–1565)</small> |
||
|- |
|- |
||
| |
| John Sinclair, [[Bishop of Brechin]] || 1565 || 1566 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1540; <br />[[Bishop of Brechin]] (1565–1566)</small> |
||
|- |
|- |
||
| [[William Baillie, Lord Provand]] || 1566 || 1567 || |
| [[William Baillie, Lord Provand|The Lord Provand]] || 1566 || 1567 || |
||
|- |
|- |
||
| [[James Balfour, Lord Pittendreich]] || 1567 || 1593 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1561</small> |
| [[James Balfour, Lord Pittendreich|The Lord Pittendreich]] || 1567 || 1593 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1561</small> |
||
|- |
|- |
||
| [[Alexander Seton, 1st Earl of Dunfermline| |
| [[Alexander Seton, 1st Earl of Dunfermline|The Lord Fyvie]] || 1593 || 1604 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1586; <br />[[List of Lord Provosts of Edinburgh|Provost of Edinburgh]] (1598–1608); <br />[[Lord Chancellor of Scotland]] (1604–1622); <br />[[Lord High Commissioner to the Parliament of Scotland]] (1612–1621)</small> |
||
|- |
|- |
||
| [[James Elphinstone, 1st Lord Balmerino]] || 1605 || 1609 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1587; <br>[[Secretary of State, Scotland|Secretary of State]] (1598–1609)</small> |
| [[James Elphinstone, 1st Lord Balmerino|The 1st Lord Balmerino]] || 1605 || 1609 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1587; <br />[[Secretary of State, Scotland|Secretary of State]] (1598–1609)</small> |
||
|- |
|- |
||
| [[John Preston of Fenton Barns| |
| [[John Preston of Fenton Barns|The Lord Fentonbarns]] || 1609 || 1616 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1595</small> |
||
|- |
|- |
||
| [[Thomas Hamilton, 1st Earl of Haddington| |
| [[Thomas Hamilton, 1st Earl of Haddington|The 1st Earl of Melrose]] || 1616 || 1625 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1592; <br />[[Lord Advocate]] (1595–1596 and 1596–1612); <br />[[Lord Clerk Register]] (1612)</small> |
||
|- |
|- |
||
| Sir James Skene of Curriehill || 1626 || 1633 || <small>[[Lord Clerk Register]] (1594–1612); <br>Appointed a [[Senator of the College of Justice|Lord of Session]], 1594</small> |
| Sir James Skene of Curriehill || 1626 || 1633 || <small>[[Lord Clerk Register]] (1594–1612); <br />Appointed a [[Senator of the College of Justice|Lord of Session]], 1594</small> |
||
|- |
|- |
||
| [[Robert Spottiswood| |
| [[Robert Spottiswood|The Lord Newabbey]] || 1633 || 1646 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1622</small> |
||
|- |
|- |
||
| [[John Gilmour of Craigmillar|Sir John Gilmour of Craigmillar]] || 1661 || 1671 || <small>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Edinburghshire (Parliament of Scotland constituency)|Edinburghshire]] (1661–1671)</small> |
| [[John Gilmour of Craigmillar|Sir John Gilmour of Craigmillar]] || 1661 || 1671 || <small>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Edinburghshire (Parliament of Scotland constituency)|Edinburghshire]] (1661–1671)</small> |
||
|- |
|- |
||
| [[James Dalrymple, 1st Viscount Stair]] || 1671 || 1681 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1661; <br>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Wigtownshire (Parliament of Scotland constituency)|Wigtownshire]] (1672–1674, 1678 and 1681–1682)</small> |
| [[James Dalrymple, 1st Viscount Stair|The 1st Viscount Stair]] || 1671 || 1681 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1661; <br />[[Commissioner (Scottish Parliament)|Commissioner]] for [[Wigtownshire (Parliament of Scotland constituency)|Wigtownshire]] (1672–1674, 1678 and 1681–1682)</small> |
||
|- |
|- |
||
| [[George Gordon, 1st Earl of Aberdeen]] || 1681 || 1682 || <small>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Aberdeenshire (Parliament of Scotland constituency)|Aberdeenshire]] (1669–1674, 1678 and 1681–1682); <br>Appointed a [[Senator of the College of Justice|Lord of Session]], 1680; <br>[[Lord Chancellor of Scotland]] (1682–1684)</small> |
| [[George Gordon, 1st Earl of Aberdeen|The 1st Earl of Aberdeen]] || 1681 || 1682 || <small>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Aberdeenshire (Parliament of Scotland constituency)|Aberdeenshire]] (1669–1674, 1678 and 1681–1682); <br />Appointed a [[Senator of the College of Justice|Lord of Session]], 1680; <br />[[Lord Chancellor of Scotland]] (1682–1684)</small> |
||
|- |
|- |
||
| [[Sir David Falconer|Sir David Falconer of Newton]] || 1682 || 1685 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1676; <br>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Forfarshire (Parliament of Scotland constituency)|Forfarshire]] (1685)</small> |
| [[Sir David Falconer|Sir David Falconer of Newton]] || 1682 || 1685 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1676; <br />[[Commissioner (Scottish Parliament)|Commissioner]] for [[Forfarshire (Parliament of Scotland constituency)|Forfarshire]] (1685)</small> |
||
|- |
|- |
||
| [[George Lockhart, Lord Carnwath|Sir George Lockhart of Carnwath]] || 1685 || 31 March 1689 || <small>Appointed Dean of the [[Faculty of Advocates]], 1672; <br>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Lanarkshire (Parliament of Scotland constituency)|Lanarkshire]] (1681–1682 and 1685–1686)</small> |
| [[George Lockhart, Lord Carnwath|Sir George Lockhart of Carnwath]] || 1685 || 31 March 1689 || <small>Appointed Dean of the [[Faculty of Advocates]], 1672; <br />[[Commissioner (Scottish Parliament)|Commissioner]] for [[Lanarkshire (Parliament of Scotland constituency)|Lanarkshire]] (1681–1682 and 1685–1686)</small> |
||
|- |
|- |
||
| [[James Dalrymple, 1st Viscount Stair]] || 28 October 1689 || 25 November 1695 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1661; <br>[[Commissioner (Scottish Parliament)|Commissioner]] for [[Wigtownshire (Parliament of Scotland constituency)|Wigtownshire]] (1672–1674, 1678 and 1681–1682)</small> |
| [[James Dalrymple, 1st Viscount Stair|The 1st Viscount Stair]] || 28 October 1689 || 25 November 1695 || <small>Appointed a [[Senator of the College of Justice|Lord of Session]], 1661; <br />[[Commissioner (Scottish Parliament)|Commissioner]] for [[Wigtownshire (Parliament of Scotland constituency)|Wigtownshire]] (1672–1674, 1678 and 1681–1682)</small> |
||
|- |
|- |
||
| [[Hew Dalrymple, Lord North Berwick]] || 17 March 1698 || 20 June 1737 || <small>[[Commissioner (Scottish Parliament)|Commissioner]] for [[New Galloway (Parliament of Scotland constituency)|New Galloway]] (1690–1702); <br>Dean of the [[Faculty of Advocates]] (1695–1698); <br>[[Commissioner (Scottish Parliament)|Commissioner]] for [[North Berwick]] (1702–1707)</small> |
| [[Hew Dalrymple, Lord North Berwick|The Lord North Berwick]] || 17 March 1698 || 20 June 1737 || <small>[[Commissioner (Scottish Parliament)|Commissioner]] for [[New Galloway (Parliament of Scotland constituency)|New Galloway]] (1690–1702); <br />Dean of the [[Faculty of Advocates]] (1695–1698); <br />[[Commissioner (Scottish Parliament)|Commissioner]] for [[North Berwick]] (1702–1707)</small> |
||
|- |
|- |
||
| [[Duncan Forbes, Lord Culloden]] || 20 June 1737 || 4 June 1748 || <small>[[Member of Parliament|MP]] for [[Ayr Burghs (UK Parliament constituency)|Ayr Burghs]] (1721–1722); <br>[[Member of Parliament|MP]] for [[Inverness Burghs (UK Parliament constituency)|Inverness Burghs]] (1722–1737); <br>[[Lord Advocate]] (1725–1737)</small> |
| [[Duncan Forbes, Lord Culloden|The Lord Culloden]] || 20 June 1737 || 4 June 1748 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Ayr Burghs (UK Parliament constituency)|Ayr Burghs]] (1721–1722); <br />[[Member of Parliament (United Kingdom)|MP]] for [[Inverness Burghs (UK Parliament constituency)|Inverness Burghs]] (1722–1737); <br />[[Lord Advocate]] (1725–1737)</small> |
||
|- |
|- |
||
| [[Robert Dundas of Arniston, the Elder| |
| [[Robert Dundas of Arniston, the Elder|The Lord Arniston, the Elder]] || 4 June 1748 || 26 August 1753 || <small>[[Solicitor General for Scotland]] (1717–1720); <br />[[Lord Advocate]] (1720–1725); <br />[[Member of Parliament (United Kingdom)|MP]] for [[Midlothian (UK Parliament constituency) (1708–1918)|Midlothian]] (1722–1737); <br />[[Senator of the College of Justice]] (1737–1753)</small> |
||
|- |
|- |
||
| [[Robert Craigie, Lord |
| [[Robert Craigie of Glendoick, Lord Craigie|The Lord Craigie]] || 22 January 1754 || 10 March 1760 || |
||
<small>[[Member of Parliament|MP]] for [[Tain Burghs (UK Parliament constituency)|Tain Burghs]] (1742–1747); <br>[[Lord Advocate]] (1742–1746)</small> |
<small>[[Member of Parliament (United Kingdom)|MP]] for [[Tain Burghs (UK Parliament constituency)|Tain Burghs]] (1742–1747); <br />[[Lord Advocate]] (1742–1746)</small> |
||
|- |
|- |
||
| [[Robert Dundas, of Arniston, the younger| |
| [[Robert Dundas, of Arniston, the younger|The Lord Arniston, the Younger]] || 30 April 1760 || 13 December 1787 || <small>[[Solicitor General for Scotland]] (1742–1746); <br />Dean of the [[Faculty of Advocates]] (1746–1760) <br />[[Lord Advocate]] (1754–1760); <br />[[Member of Parliament (United Kingdom)|MP]] for [[Midlothian (UK Parliament constituency)|Midlothian]] (1754–1760)</small> |
||
|- |
|- |
||
| [[Thomas Miller, Lord Glenlee]] || 22 December 1787 || 27 September 1789 || <small>[[Member of Parliament|MP]] for [[Dumfries Burghs (UK Parliament constituency)|Dumfries Burghs]] (1761–1766); <br>[[Solicitor General for Scotland]] (1759–1760); <br>[[Lord Advocate]] (1760–1766); <br>[[Lord Justice Clerk]] (1766–1787)</small> |
| [[Thomas Miller, Lord Glenlee|The Lord Glenlee]] || 22 December 1787 || 27 September 1789 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Dumfries Burghs (UK Parliament constituency)|Dumfries Burghs]] (1761–1766); <br />[[Solicitor General for Scotland]] (1759–1760); <br />[[Lord Advocate]] (1760–1766); <br />[[Lord Justice Clerk]] (1766–1787)</small> |
||
|- |
|- |
||
| [[Ilay Campbell| |
| [[Ilay Campbell|The Lord Succoth]] || 26 October 1789 || 31 August 1808 || <small>[[Solicitor General for Scotland]] (1783–1784); <br />[[Member of Parliament (United Kingdom)|MP]] for [[Clyde Burghs (UK Parliament constituency)|Clyde Burghs]] (1784–1790); <br />[[Lord Advocate]] (1784–1789)</small> |
||
|- |
|- |
||
| [[Robert Blair, Lord Avontoun]] || 31 August 1808 || 20 May 1811 || <small>[[Solicitor General for Scotland]] (1789–1806); <br>Dean of the [[Faculty of Advocates]] (1801–1808)</small> |
| [[Robert Blair, Lord Avontoun|The Lord Avontoun]] || 31 August 1808 || 20 May 1811 || <small>[[Solicitor General for Scotland]] (1789–1806); <br />Dean of the [[Faculty of Advocates]] (1801–1808)</small> |
||
|- |
|- |
||
| [[Charles Hope, Lord Granton]] || 10 October 1811 || 20 July 1841 || <small>[[Lord Advocate]] (1801–1804); <br>[[Member of Parliament|MP]] for [[Dumfries Burghs (UK Parliament constituency)|Dumfries Burghs]] (1802); <br>[[Member of Parliament|MP]] for [[Edinburgh (UK Parliament constituency)|Edinburgh]] (1803–1805); <br>[[Lord Justice Clerk]] (1804–1811)</small> |
| [[Charles Hope, Lord Granton|The Lord Granton]] || 10 October 1811 || 20 July 1841 || <small>[[Lord Advocate]] (1801–1804); <br />[[Member of Parliament (United Kingdom)|MP]] for [[Dumfries Burghs (UK Parliament constituency)|Dumfries Burghs]] (1802); <br />[[Member of Parliament (United Kingdom)|MP]] for [[Edinburgh (UK Parliament constituency)|Edinburgh]] (1803–1805); <br />[[Lord Justice Clerk]] (1804–1811)</small> |
||
|- |
|- |
||
| [[David Boyle, Lord Boyle]] || 7 October 1841 || 5 May 1852 || <small>[[Member of Parliament|MP]] for [[Ayrshire (UK Parliament constituency)|Ayrshire]] (1807–1811); <br>[[Solicitor General for Scotland]] (1807–1811); <br>[[Lord Justice Clerk]] (1811–1841)</small> |
| [[David Boyle, Lord Boyle|The Lord Boyle]] || 7 October 1841 || 5 May 1852 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Ayrshire (UK Parliament constituency)|Ayrshire]] (1807–1811); <br />[[Solicitor General for Scotland]] (1807–1811); <br />[[Lord Justice Clerk]] (1811–1841)</small> |
||
|- |
|- |
||
| [[Duncan McNeill, 1st Baron Colonsay| |
| [[Duncan McNeill, 1st Baron Colonsay|The Lord Colonsay]] || 14 May 1852 || 25 February 1867 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Argyllshire (UK Parliament constituency)|Argyllshire]] (1843–1851); <br />[[Solicitor General for Scotland]] (1834–1835 & 1841–1842); <br />[[Lord Advocate]] (1842–1846)</small> |
||
|- |
|- |
||
| [[John Inglis, Lord Glencorse]] || 25 February 1867 || 20 August 1891 || <small>[[Member of Parliament|MP]] for [[Stamford (UK Parliament constituency)|Stamford]] (1858); [[Solicitor General for Scotland]] (1852); <br>[[Lord Advocate]] (1852 & 1858); <br>[[Lord Justice Clerk]] (1858–1867)</small> |
| [[John Inglis, Lord Glencorse|The Lord Glencorse]] || 25 February 1867 || 20 August 1891 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Stamford (UK Parliament constituency)|Stamford]] (1858); [[Solicitor General for Scotland]] (1852); <br />[[Lord Advocate]] (1852 & 1858); <br />[[Lord Justice Clerk]] (1858–1867)</small> |
||
|- |
|- |
||
| [[James Robertson, Baron Robertson| |
| [[James Robertson, Baron Robertson|The Lord Robertson]] || 21 September 1891 || 21 November 1899 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Buteshire (UK Parliament constituency)|Buteshire]] (1885–1891); <br />[[Solicitor General for Scotland]] (1885–1886 & 1886–1888); <br />[[Lord Advocate]] (1888–1891); [[Lord of Appeal in Ordinary]] (1899–1909)</small> |
||
|- |
|- |
||
| [[John Balfour, 1st Baron Kinross]] || 21 November 1899 || 22 January 1905 || <small>[[Member of Parliament|MP]] for [[Clackmannanshire and Kinross-shire (UK Parliament constituency)|Clackmannan and Kinross]] (1880–1899); <br>[[Solicitor General for Scotland]] (1880–1881); <br>[[Lord Advocate]] (1881–1885, 1886 & 1892–1895)</small> |
| [[John Balfour, 1st Baron Kinross|The 1st Baron Kinross]] || 21 November 1899 || 22 January 1905 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Clackmannanshire and Kinross-shire (UK Parliament constituency)|Clackmannan and Kinross]] (1880–1899); <br />[[Solicitor General for Scotland]] (1880–1881); <br />[[Lord Advocate]] (1881–1885, 1886 & 1892–1895)</small> |
||
|- |
|- |
||
| [[Andrew Murray, 1st Viscount Dunedin| |
| [[Andrew Murray, 1st Viscount Dunedin|1st Baron Dunedin]] || 4 February 1905 || 14 October 1913 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Buteshire (UK Parliament constituency)|Buteshire]] (1891–1905); <br />[[Solicitor General for Scotland]] (1905–1909); <br />[[Lord Advocate]] (1909–1913); <br />[[Secretary of State for Scotland|Secretary for Scotland]] (1903–1905); <br />[[Lord of Appeal in Ordinary]] (1913–1932)</small> |
||
|- |
|- |
||
| [[Alexander Ure, 1st Baron Strathclyde]] || 14 October 1913 || 1 April 1920 || <small>[[Member of Parliament|MP]] for [[Linlithgowshire (UK Parliament constituency)|Linlithgowshire]] (1895–1913); <br>[[Solicitor General for Scotland]] (1891–1892 & 1895–1896); <br>[[Lord Advocate]] (1896–1903)</small> |
| [[Alexander Ure, 1st Baron Strathclyde|The 1st Baron Strathclyde]] || 14 October 1913 || 1 April 1920 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Linlithgowshire (UK Parliament constituency)|Linlithgowshire]] (1895–1913); <br />[[Solicitor General for Scotland]] (1891–1892 & 1895–1896); <br />[[Lord Advocate]] (1896–1903)</small> |
||
|- |
|- |
||
| [[James Avon Clyde, Lord Clyde]] || 1 April 1920 || 1 April 1935 || <small>[[Solicitor General for Scotland]] (1905); <br>[[Member of Parliament|MP]] for [[Edinburgh West (UK Parliament constituency)|Edinburgh West]] (1909–1918) <br>and [[Edinburgh North (UK Parliament constituency)|Edinburgh North]] (1918–1920); [[Lord Advocate]] (1916–1920)</small> |
| [[James Avon Clyde, Lord Clyde|The Lord Clyde]] || 1 April 1920 || 1 April 1935 || <small>[[Solicitor General for Scotland]] (1905); <br />[[Member of Parliament (United Kingdom)|MP]] for [[Edinburgh West (UK Parliament constituency)|Edinburgh West]] (1909–1918) <br />and [[Edinburgh North (UK Parliament constituency)|Edinburgh North]] (1918–1920); [[Lord Advocate]] (1916–1920)</small> |
||
|- |
|- |
||
| [[Wilfrid Normand, Baron Normand| |
| [[Wilfrid Normand, Baron Normand|The Lord Normand]] || 1 April 1935 || 6 January 1947 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Edinburgh West (UK Parliament constituency)|Edinburgh West]] (1931–1935); <br />[[Solicitor General for Scotland]] (1929 & 1931–1933); <br />[[Lord Advocate]] (1933–1935); [[Lord of Appeal in Ordinary]] (1947–1953)</small> |
||
|- |
|- |
||
| [[Thomas Cooper, 1st Baron Cooper of Culross| |
| [[Thomas Cooper, 1st Baron Cooper of Culross|The Lord Cooper]]<ref name="gazette-1951-lord-pres">{{London Gazette | issue = 16401 | date = 7 January 1947 |page=7 | city = Edinburgh }}</ref> || 6 January 1947 || 23 December 1954 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Edinburgh West (UK Parliament constituency)|Edinburgh West]] (1935–1941); <br />[[Solicitor General for Scotland]] (1935); <br />[[Lord Advocate]] (1935–1941); <br />[[Senator of the College of Justice]] (1941–1954); <br />[[Lord Justice Clerk]] (1941-1947); <br />[[Lord President of the Court of Session]] (1947–1954)</small> |
||
|- |
|- |
||
| [[James Latham Clyde, Lord Clyde]]<ref name="gazette-1954-lord-pres">{{London Gazette | issue = 17246 | date = 28 December 1954 |page=687 | city = Edinburgh }}</ref> || 23 December 1954 || 25 April 1972 || <small>[[Member of Parliament|MP]] for [[Edinburgh North (UK Parliament constituency)|Edinburgh North]] (1950–1954); [[Lord Advocate]] (1951–1954); <br>[[Senator of the College of Justice]] (1954–1972)</small> |
| [[James Latham Clyde, Lord Clyde|The Lord Clyde]]<ref name="gazette-1954-lord-pres">{{London Gazette | issue = 17246 | date = 28 December 1954 |page=687 | city = Edinburgh }}</ref> || 23 December 1954 || 25 April 1972 || <small>[[Member of Parliament (United Kingdom)|MP]] for [[Edinburgh North (UK Parliament constituency)|Edinburgh North]] (1950–1954); [[Lord Advocate]] (1951–1954); <br />[[Senator of the College of Justice]] (1954–1972)</small> |
||
|- |
|- |
||
| [[George Emslie, Baron Emslie]]<ref name="gazette-1972-emslie-lord-j-g">{{London Gazette | issue = 19080 | date = 17 March 1972 |page=241 | city = Edinburgh }}</ref> || 25 April 1972 || 27 September 1989 || <small>Dean of the [[Faculty of Advocates]] (1965–1970); <br>[[Senator of the College of Justice]] (1970–1989)</small> |
| [[George Emslie, Baron Emslie|The Baron Emslie]]<ref name="gazette-1972-emslie-lord-j-g">{{London Gazette | issue = 19080 | date = 17 March 1972 |page=241 | city = Edinburgh }}</ref> || 25 April 1972 || 27 September 1989 || <small>Dean of the [[Faculty of Advocates]] (1965–1970); <br />[[Senator of the College of Justice]] (1970–1989)</small> |
||
|- |
|- |
||
| [[David Hope, Baron Hope of Craighead]] || 27 September 1989 || 1 October 1996 || <small>Dean of the [[Faculty of Advocates]] (1986–1989); <br>[[Senator of the College of Justice]] (1989–1996); <br>[[Lord of Appeal in Ordinary]] (1996–2009); <br>Second Senior Law Lord (2009); <br>[[Deputy President of the Supreme Court of the United Kingdom|Deputy President of the Supreme Court]] (2009–2013)</small> |
| [[David Hope, Baron Hope of Craighead|The Baron Hope of Craighead]] || 27 September 1989 || 1 October 1996 || <small>Dean of the [[Faculty of Advocates]] (1986–1989); <br />[[Senator of the College of Justice]] (1989–1996); <br />[[Lord of Appeal in Ordinary]] (1996–2009); <br />Second Senior Law Lord (2009); <br />[[Deputy President of the Supreme Court of the United Kingdom|Deputy President of the Supreme Court]] (2009–2013)</small> |
||
|- |
|- |
||
| [[Alan Rodger, Baron Rodger of Earlsferry]] || 1 October 1996 || 13 November |
| [[Alan Rodger, Baron Rodger of Earlsferry|The Baron Rodger of Earlsferry]] || 1 October 1996 || 13 November 2002 || <small>[[Solicitor General for Scotland]] (1989–1992); <br />[[Lord Advocate]] (1992–1995); <br />[[Senator of the College of Justice]] (1995–2001); <br />[[Lord of Appeal in Ordinary]] (2001–2009); <br />[[Justice of the Supreme Court of the United Kingdom|Justice of the Supreme Court]] (2009–2011)</small> |
||
|- |
|- |
||
| [[William Cullen, Baron Cullen of Whitekirk]] || 13 November |
| [[William Cullen, Baron Cullen of Whitekirk|The Baron Cullen of Whitekirk]] || 13 November 2002 || 2 December 2005 || <small>Chairman of the Medical Appeals Tribunals (1977–1986); <br />[[Senator of the College of Justice]] (1986–2005); <br />[[Lord Justice Clerk]] (1997–2002)</small> |
||
|- |
|- |
||
| [[Arthur Hamilton, Lord Hamilton]] || 2 December 2005 || 8 June 2012 || <small>Chairman of the Medical Appeals Tribunals ( |
| [[Arthur Hamilton, Lord Hamilton|The Lord Hamilton]] || 2 December 2005 || 8 June 2012 || <small>Chairman of the Medical Appeals Tribunals (1989–1992); <br />President of the Pensions Appeal Tribunal in Scotland (1992–1995); <br />[[Senator of the College of Justice]] (1995–2012)</small> |
||
|- |
|- |
||
| [[Brian Gill, Lord Gill]] || 8 June 2012 || 31 May 2015 || <small>[[Senator of the College of Justice]] (1994–2015); <br>[[Lord Justice Clerk]] (2001–2012)</small> |
| [[Brian Gill, Lord Gill|The Lord Gill]] || 8 June 2012 || 31 May 2015 || <small>[[Senator of the College of Justice]] (1994–2015); <br />[[Lord Justice Clerk]] (2001–2012)</small> |
||
|- |
|- |
||
| [[Colin Sutherland, Lord Carloway]] || 18 December 2015 || present || <small>[[Senator of the College of Justice]] (2000–present); <br>[[Lord Justice Clerk]] (2012–2015)</small> |
| [[Colin Sutherland, Lord Carloway|The Lord Carloway]] || 18 December 2015 || present || <small>[[Senator of the College of Justice]] (2000–present); <br />[[Lord Justice Clerk]] (2012–2015)</small> |
||
|} |
|} |
||
Latest revision as of 09:43, 15 January 2024
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 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[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]
Part of a series on |
Scots law |
---|
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 (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[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. Archived 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. Archived (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. 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.
- ^ "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.
- ^ "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.
- ^ 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.
- ^ "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.
- ^ "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.
- ^ "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.
- ^ "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.