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Legal Definitions - Lord of Session

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Definition of Lord of Session

A Lord of Session is the official title for a judge serving on Scotland's highest civil court, known as the Court of Session. These judges are responsible for hearing and deciding a wide range of complex civil cases, interpreting Scottish law, and ensuring the fair administration of justice within their jurisdiction. They are also sometimes referred to as a Senator of the College of Justice.

Here are some examples illustrating the role of a Lord of Session:

  • Imagine a major dispute between two large Scottish companies over a multi-million-pound breach of contract. This complex commercial case would be heard in the Court of Session. The individual judge assigned to preside over this intricate litigation, listen to arguments from both sides, and ultimately deliver a judgment would be referred to as a Lord of Session. This illustrates the term's application to judges handling significant civil and commercial disputes.

  • Consider a scenario where a group of environmental activists challenges a decision made by the Scottish Government, arguing that it violates environmental protection laws. This type of public law case, often seeking judicial review of a government action, would typically be brought before the Court of Session. The judge who reviews the legal arguments, assesses the government's actions against existing statutes, and issues a ruling on the legality of the decision would hold the title of a Lord of Session, demonstrating their role in overseeing governmental actions and upholding the rule of law.

  • Suppose a person has lost a personal injury claim in a lower court and decides to appeal the decision, seeking a review by a higher authority. This appeal would likely be heard by the Inner House of the Court of Session, which functions as Scotland's primary civil appellate court. The panel of judges sitting to hear and decide this appeal, reviewing the previous court's findings and legal interpretations, would each be known as a Lord of Session, highlighting their function in the appellate process and ensuring legal correctness.

Simple Definition

In Scots law, a Lord of Session is the title given to any judge of the Court of Session, which is Scotland's supreme civil court. These judges are also known as Senators of the College of Justice.

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