Lord President of the Court of Session: Difference between revisions
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{{Infobox official post |
{{Infobox official post |
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|post = Lord President of the<br />Court of Session<br /><small>and</small><br />Lord Justice General<br />of Scotland |
|post = Lord President of the<br />Court of Session<br /><small>and</small><br />Lord Justice General<br />of Scotland |
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==Remit and jurisdiction== |
==Remit and jurisdiction== |
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===Lord President of the Court of Session=== |
===Lord President of the Court of Session=== |
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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 |
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> |
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====Head of the judiciary==== |
====Head of the judiciary==== |
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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]].{{Quote|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: |
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]].{{Quote|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: |
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{{quote|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)}}}} |
{{quote|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)}}}} |
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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 |
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|accessdate=3 April 2017|language=en-gb|date=8 February 2006|url-status=live|archiveurl=https://web.archive.org/web/20170404044328/http://www.gov.scot/Publications/2006/01/30154152/6|archivedate=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|accessdate=3 April 2017|page=7|language=en|date=30 January 2008|url-status=live|archiveurl=https://web.archive.org/web/20170404043921/http://www.parliament.scot/S3_Bills/Judiciary%20and%20Courts%20(Scotland)%20Bill/b6s3-introd-pm.pdf|archivedate=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|accessdate=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|archiveurl=https://web.archive.org/web/20150924085447/http://www.scotland-judiciary.org.uk/Upload/Documents/07DECJudicialCouncilConstitution.pdf|archivedate=24 September 2015}}</ref> |
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====Inner House==== |
====Inner House==== |
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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|accessdate=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|archiveurl=https://web.archive.org/web/20170314090907/http://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|archivedate=14 March 2017 |
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|accessdate=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|archiveurl=https://web.archive.org/web/20170314090907/http://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|archivedate=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 |accessdate=20 April 2017 |url-status=live |archiveurl=https://web.archive.org/web/20170421095609/http://www.legislation.gov.uk/ukpga/1988/36/part/V |archivedate=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|archiveurl=https://web.archive.org/web/20170421093813/http://www.parliament.scot/S4_Bills/Courts%20Reform%20(Scotland)%20Bill/b46s4-introd-pm.pdf|archivedate=21 April 2017}}</ref> |
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====Official Oath==== |
====Official Oath==== |
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===Lord Justice General=== |
===Lord Justice General=== |
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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 [[justiciar]]s 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.<ref>{{citation | title=Section 18, Court of Session Act 1830| url=http://www.statutelaw.gov.uk/documents/1830/69/ukpga| periodical=Acts of the Parliament of the United Kingdom| volume=69| page=18| quote=Office of lord justice general to devolve on lord president.| date= |
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 [[justiciar]]s 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.<ref>{{citation | title=Section 18, Court of Session Act 1830| url=http://www.statutelaw.gov.uk/documents/1830/69/ukpga| periodical=Acts of the Parliament of the United Kingdom| volume=69| page=18| quote=Office of lord justice general to devolve on lord president.| date=23 July 1830}}</ref><ref name="earlofargyll">{{cite web|last1=Lundy|first1=Darryl|title=Colin Campbell, 3rd Earl of Argyll {{!}} Person Page|url=http://thepeerage.com/p10831.htm#i108309|website=thepeerage.com|publisher=Lundy Consulting Ltd|accessdate=20 April 2017|language=en|date=2013|quote=Colin Campbell, 3rd Earl of Argyll... He held the office of High Justiciar [Scotland] in July 1514.|url-status=live|archiveurl=https://web.archive.org/web/20170421090913/http://thepeerage.com/p10831.htm#i108309|archivedate=21 April 2017}}</ref> |
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==Officeholders== |
==Officeholders== |
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==References== |
==References== |
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{{Reflist |
{{Reflist}} |
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{{Court of Session}} |
{{Court of Session}} |
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{{Chief Justices of British overseas territories}} |
{{Chief Justices of British overseas territories}} |
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[[Category:Lords President of the Court of Session| ]] |
[[Category:Lords President of the Court of Session| ]] |
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[[Category:Lists of judges in Scotland]] |
[[Category:Lists of judges in Scotland]] |
Revision as of 09:31, 2 January 2020
Lord President of the Court of Session and Lord Justice General of Scotland | |
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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 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
Lord President of the Court of Session
The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015.[1] The Lord President is paid according to Salary Group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862.[2]
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.[3]: 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[3]: Section 2(5)
The Scottish Land Court, which until 1 April 2017 was administered separately, was transferred to the Scottish Courts and Tribunals Service.[4] The 2008 act states:
The Lord President is the Head of the Scottish Judiciary.
— Section 2(1), Judiciary and Courts (Scotland) Act 2008[3]: 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.[3]: 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.[5][6][7]
Inner House
The Lord President presides over the 1st Division of the Inner House of the Court of Session.[8] 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.[9][10]
Official Oath
In Scotland the Official Oath is taken before the Lord President of the Court of Session.[11]
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.[12][13]
Officeholders
Part of a series on |
Scots law |
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Justiciars
(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[14]
- 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 (d. 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
Lord President
See also
References
- ^ "Lord Carloway appointed as Lord President – Scotland's most senior judge". BBC News. British Broadcasting Corporation. 18 December 2015. Archived from the original on 25 April 2017. Retrieved 20 April 2017.
- ^ "Ministry of Justice Salary Scales from 1 April 2016" (PDF). gov.uk. Ministry of Justice. 1 April 2016. Archived (PDF) from the original on 25 April 2017. Retrieved 5 April 2017.
- ^ 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.
- ^ Lundy, Darryl (2013). "Colin Campbell, 3rd Earl of Argyll | Person Page". thepeerage.com. Lundy Consulting Ltd. Archived from the original on 21 April 2017. Retrieved 20 April 2017.
Colin Campbell, 3rd Earl of Argyll... He held the office of High Justiciar [Scotland] in July 1514.
- ^ https://archive.org/stream/scotspeeragefoun03pauluoft#page/172/mode/2up Archived 11 April 2016 at the Wayback Machine
- ^ "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.