Legal Definitions - Lord Ordinary

A Lord Ordinary is a specific title given to a judge in the Scottish legal system. This term refers to a judge of the Court of Session – Scotland's highest civil court – who is presiding over a case for the very first time. When acting as a Lord Ordinary, the judge sits alone (not as part of a panel of multiple judges) and hears the initial proceedings and evidence in what is known as the "Outer House" of the Court of Session. Their role is to make the initial decision or ruling in a civil dispute.

Here are some examples to illustrate the role of a Lord Ordinary:

• Contract Dispute: Imagine two Scottish businesses, "Caledonian Crafts Ltd." and "Highland Supplies plc," are embroiled in a significant dispute over a large supply contract. Caledonian Crafts believes Highland Supplies breached the terms, causing substantial financial loss. Caledonian Crafts initiates a civil action against Highland Supplies in the Court of Session.

  In this scenario, the judge assigned to hear all the evidence, arguments, and witness testimonies for the very first time, sitting alone to make the initial decision on the contract dispute, would be referred to as the Lord Ordinary for that specific case. They are operating in the Outer House, handling the initial phase of the litigation.

• Personal Injury Claim: Consider Ms. Isla MacLeod, a pedestrian who suffers serious injuries after a fall on a poorly maintained public pathway in Edinburgh. She decides to sue the local council for negligence to seek compensation for her medical expenses and lost earnings.

  Ms. MacLeod's legal team files a civil claim in the Court of Session. The judge assigned to hear her case, who will listen to all the evidence presented by both Ms. MacLeod and the council, assess the facts, and determine liability and damages for the first time, is acting as the Lord Ordinary. This judge sits alone in the Outer House to make the initial ruling on the negligence claim.

• Judicial Review: A local environmental group, "Save Our Glens," believes that a planning permission granted by a Scottish government agency for a new wind farm was unlawful because the agency failed to follow proper consultation procedures. They wish to challenge this decision.

  "Save Our Glens" initiates a petition for judicial review in the Court of Session to challenge the agency's decision. The judge who is tasked with reviewing the legality of the agency's actions, hearing arguments from both sides, and deciding whether the planning permission should be quashed or upheld for the first time, is performing the role of the Lord Ordinary. This judge sits alone in the Outer House to make the initial determination on the lawfulness of the administrative decision.