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Lord President Of The Court Of Session
The Lord President of the Court of Session and Lord Justice General () is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ''ex officio'', as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon. The current Lord President of the Court of Session is Lord Pentland, who was appointed to the position on 3 February 2025 succeeding Lord Carloway They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862. Remit and jurisdiction Head of the judiciary As Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciar ...
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Paul Cullen, Lord Pentland
Paul Benedict Cullen, Lord Pentland, (born 11 March 1957) is the current Lord President of the Court of Session and Lord Justice General, the most senior judge in Scotland. He is a former Solicitor General for Scotland, Senator of the College of Justice and Chairman of the Scottish Law Commission. Early life Born in Gosforth, Northumberland, he was educated at St. Augustine's High School, Edinburgh, Scotland, St Augustine's High School, Edinburgh and at the University of Edinburgh School of Law, School of Law of the University of Edinburgh. Legal career Department of Environment Cullen was admitted to the Faculty of Advocates in 1982, devilling for Alan Rodger QC. He tutored part-time at the University of Edinburgh School of Law, Faculty of Law at the University of Edinburgh from 1982 to 1986, when he was elected Clerk of the Faculty of Advocates, serving until 1991. He was Standing Junior Counsel to the Secretary of State for the Environment, Department of the Environment in Sc ...
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Colin Sutherland, Lord Carloway
Colin John MacLean Sutherland, Lord Carloway PC FRSE (born 20 May 1954) is a Scottish advocate and judge who served as the Lord President of the Court of Session and Lord Justice General from 2015 until his retirement in February 2025. He was previously Lord Justice Clerk from 2012 to 2015 and was a Senator of the College of Justice from February 2000 until his retirement. On 4 June 2024, Lord Carloway announced his intention to retire from judicial office in early 2025. Born in Falkirk, Lord Carloway studied at the University of Edinburgh's Law School, where he earned a Bachelor of Laws. In 1977, he was admitted to the Faculty of Advocates and served as an Advocate Depute in the late 1980s. Before being nominated as a Judge in 2000, he served as the Treasurer of the Faculty of Advocates. As a Senator of the College of Justice he presided over the 2004 prosecution of gas transporter Transco and published the ''Carloway Review.'' In 2012, Lord Gill, who had served as the ...
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Earl Of Argyll
Earl () is a rank of the nobility in the United Kingdom. In modern Britain, an earl is a member of the peerage, ranking below a marquess and above a viscount. A feminine form of ''earl'' never developed; instead, ''countess'' is used. The title originates in the Old English word , meaning "a man of noble birth or rank". The word is cognate with the Scandinavian form '' jarl''. After the Norman Conquest, it became the equivalent of the continental count. In Scotland, it assimilated the concept of mormaer. Since the 1960s, earldoms have typically been created only for members of the royal family. The last non-royal earldom, Earl of Stockton, was created in 1984 for Harold Macmillan, prime minister from 1957 to 1963. Alternative names for the rank equivalent to "earl" or "count" in the nobility structure are used in other countries, such as the '' hakushaku'' (伯爵) of the post-restoration Japanese Imperial era. Etymology In the 7th century, the common Old English terms fo ...
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Justiciar
Justiciar is the English form of the medieval Latin term or (meaning "judge" or "justice"). The Chief Justiciar was the king's chief minister, roughly equivalent to a modern Prime Minister of the United Kingdom. The Justiciar of Ireland was an office established during the Anglo-Norman invasion of Ireland and was a key tool in its colonisation. Following the conquest of the Principality of Wales in the 13th century, the areas that became personal fiefs of the English monarchs were placed under the control of the Justiciar of North Wales and the Justiciar of South Wales. A similar office was formed in Scotland, although there were usually two or three – the Justiciar of Scotia, the Justiciar of Lothian and, in the 13th century, the Justiciar of Galloway. These offices later evolved into a national one called Lord Justice-General. The modern title is Lord President of the Court of Session. Similar positions existed in continental Europe, particularly in Norman Italy ...
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Oath Of Allegiance (United Kingdom)
The Oath of Allegiance (Judicial or Official Oath) is a promise to be loyal to the British monarch, and their heirs and successors, sworn by certain public servants in the United Kingdom, and also by newly naturalised subjects in citizenship ceremonies. The current standard wording of the oath of allegiance is set out in the Promissory Oaths Act 1868. Variants of the basic oath of allegiance are also incorporated into a number of other oaths taken by certain individuals. Text The current standard oath of allegiance is set out from the Promissory Oaths Act 1868 in the following form: Under the Oaths Act 1888 (51 & 52 Vict. c.46), consolidated and repealed by the Oaths Act 1978 (c. 19), those who choose to may make a Affirmation in law, solemn affirmation instead of swearing an oath. Oaths of office, of allegiance, and judicial oath The Victorian promissory oaths of allegiances, are set out in the Promissory Oaths Act 1868 (31 & 32 Vict. c. 72) in the following form: *The or ...
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Lands Tribunal For Scotland
The Lands Tribunal for Scotland () is a tribunal with jurisdiction over land and property in Scotland, relating to title obligations, compulsory purchase and other private rights. The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland. Although the statutory basis of the Lands Tribunal for Scotland was the Lands Tribunal Act 1949, the Tribunal itself was not actually created until 1971, as there was not considered a sufficient amount of work to be undertaken. The Conveyancing and Feudal Reform (Scotland) Act 1970 gave the Lands Tribunal new powers to discharge title conditions, which prompted its actual establishment in March 1971. The Tribunal is based in George House, on George Street in Edinburgh. History The Tribunal was established under the Lands Tribunal Act 1949, which also created the separate Lands Tribunal in England and Wales and Northern Ireland. Although th ...
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Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Jus ...
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Sheriff Appeal Court
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 Sheriff Appeal Court was established for criminal appeals on 22 September 2015, as part of Lord Gill’s Scottish Civil Courts Reforms, to deal with criminal appeals. The bench, there is no jury, generally comprises two or three appeal sheriffs depending on the type of appeal to be considered. Bail hearings are presided over by a single appeal sheriff. The criminal court sits in the Justiciary Building in the Lawnmarket in Edinburgh. The court's jurisdiction was extended to civil appeals on 1 September 2016, before that date civil appeals were heard either by the sheriff principal for each sheri ...
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Outer House
The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted to it by the other more senior part, the Inner House. Those appeals are made from the Sheriff court, the court of first instance for low value civil causes in the court system of Scotland. A Lord Ordinary is a judge in the Outer House; judges are referred to as "Lord ame or "Lady ame. They are drawn from the Senators of the College of Justice and they sit singly, sometimes with a jury of 12 in personal injury and defamation actions. Jurisdiction is extensive and extends to all kinds of civil claims unless expressly excluded by statute. Some classes of cases, such as intellectual property disputes and exchequer causes, are heard by designated judges. Prior to 1856, the jurisdiction for exchequer causes was that of the Court of Exch ...
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Court Of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a Discretionary review, discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of th ...
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Inner House
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''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least thre ...
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Judiciary And Courts (Scotland) Act 2008
The Judiciary and Courts (Scotland) Act 2008 is an Act of the Scottish Parliament passed in October 2008 to reform the courts of Scotland, to give statutory force to judicial independence, and to establish the Lord President of the Court of Session as Head of the Judiciary of Scotland. History Provisions Judicial independence Judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ... is enshrined by Section 1 of the Act, which stipulates specific duties to uphold judicial independence on: * The First Minister of Scotland * The Lord Advocate * The Scottish Ministers * Members of the Scottish Parliament * and others "with responsibility for matters relating to the judiciary or the administration of justice" in Scotland; All of those specified are barred from ...
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