|Lord President of the|
Court of Session
Lord Justice General
since 18 December 2015
|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|
|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.
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.  : 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  : Section 2(5)
The Scottish Land Court, which until 1 April 2017 was administered separately, was transferred to the Scottish Courts and Tribunals Service.  The 2008 act states:
The Lord President is the Head of the Scottish Judiciary.— Section 2(1), Judiciary and Courts (Scotland) Act 2008  : 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.  : 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.   
The Lord President presides over the 1st Division of the Inner House of the Court of Session.  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.  
In Scotland the Official Oath is taken before the Lord President of the Court of Session. 
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. 
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(called Lord Chief Justices by Scot of Scotstarvet).
|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|
|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 ||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 ||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 ||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)
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of £100,000; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little disposable income for cases in the Court of Session.
The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.
A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.
The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session.
The Scottish Courts and Tribunals Service (SCTS) is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its Chief Executive and Executive Directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the Judicial Office for Scotland, the Office of the Public Guardian, the Accountant of Court, the Criminal Courts Rules Council, and the Scottish Civil Justice Council.
The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
In Scotland a sheriff principal is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th century. Sheriffs principal were originally appointed by the monarch of Scotland, and evolved into a heritable jurisdiction before appointment was again vested in the Crown and the monarch of the United Kingdom following the passage of the Heritable Jurisdictions (Scotland) Act 1746.
The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session ; Lords Commissioners of Justiciary ; and the Chairman of the Scottish Land Court. Whilst the High Court and Court of Session historically maintained separate judiciary, these are now identical, and the term Senator is almost exclusively used in referring to the judges of these courts.
The College of Justice includes the Supreme Courts of Scotland, and its associated bodies.
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled Senators of the College of Justice or Lords of Council and Session. Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal.
The judiciaries of the United Kingdom are the separate judiciaries of the three legal systems in England and Wales, Northern Ireland and Scotland. The judges of the Supreme Court of the United Kingdom, the Special Immigration Appeals Commission, Employment Tribunals, Employment Appeal Tribunal and the UK tribunals system do have a United Kingdom–wide jurisdiction but judgments only apply directly to the jurisdiction from which a case originates as the same case points and principles do not inevitably apply in the other jurisdictions. In employment law, employment tribunals and the Employment Appeal Tribunal have jurisdiction in the whole of Great Britain.
The Judicial Appointments Board for Scotland is an advisory non-departmental public body of the Scottish Government responsible for making recommendations on appointments to certain offices of the judiciary of Scotland. It was established in June 2002 on a non-statutory, ad hoc, basis by the Scottish Government, and was given statutory authority by the Judiciary and Courts (Scotland) Act 2008.
The Heritable Jurisdictions (Scotland) Act 1746 was an Act of Parliament passed in the aftermath of the Jacobite rising of 1745 abolishing judicial rights held by Scots heritors. These were a significant source of power, especially for clan chiefs since it gave them a large measure of control over their tenants.
An Act of Sederunt is secondary legislation made by the Court of Session, the supreme civil court of Scotland, to regulate the proceedings of Scottish courts and tribunals hearing civil matters. Originally made under an Act of the Parliament of Scotland of 1532, the modern power to make Acts of Sederunt is largely derived from the Courts Reform (Scotland) Act 2014. Since 2013, draft Acts have also been prepared by the Scottish Civil Justice Council and submitted to the Court of Session for approval.
The Court of the Lord Lyon is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies.
Scots law is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.
The Sheriff Appeal Court is a court in Scotland that hears appeals from summary criminal proceedings in the sheriff courts and justice of the peace courts, and hears appeals on bail decisions made in solemn proceedings in the sheriff court. The Sheriff Appeal Court also hears appeals in civil cases from the sheriff courts, including the Sheriff Personal Injury Court.
The Scottish Sentencing Council is an advisory non-departmental public body in Scotland that produces sentencing guidelines for use in the High Court of Justiciary, sheriff courts and justice of the peace courts. Judges, sheriffs, and justices of the peace must use the guidelines to inform the sentence they pronounce against a convict, and they must give reasons for not following the guidelines.
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.
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.
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.
Office of lord justice general to devolve on lord president.