Legal Definitions - Senator of the College of Justice

A Senator of the College of Justice is the formal title for a judge of Scotland's highest civil court, known as the Court of Session. These highly experienced legal professionals are responsible for hearing and deciding complex civil cases, ranging from commercial disputes and personal injury claims to judicial reviews of government decisions. They also sit as judges in Scotland's highest criminal court, the High Court of Justiciary. They are also commonly referred to as a Lord of Session or Lady of Session.

Here are some examples of situations where a Senator of the College of Justice would be involved:

• Commercial Dispute Resolution: A Scottish whisky distillery initiates a lawsuit against a packaging supplier for failing to deliver specialized bottles on time, causing significant financial losses. The distillery seeks compensation for breach of contract.

  Explanation: This complex commercial dispute, involving substantial financial claims and detailed contractual interpretation, would be heard and decided by a Senator of the College of Justice in the Outer House of the Court of Session. The judge's role is to evaluate the evidence and legal arguments presented by both parties to determine liability and appropriate remedies.

• Judicial Review of Public Decisions: A local community group challenges a decision by a Scottish government agency to approve the construction of a large wind farm, arguing that the agency did not follow proper environmental assessment procedures as required by law.

  Explanation: This type of case, known as a judicial review, questions the legality of a public body's decision. A Senator of the College of Justice would preside over the case, examining whether the government agency acted within its legal powers and followed due process, rather than re-evaluating the merits of the wind farm itself.

• Appeals in Civil Cases: After a lower court rules against a claimant in a significant medical negligence case, the claimant decides to appeal the decision, believing the judge made an error in applying the law.

  Explanation: This appeal would be heard by a panel of three Senators of the College of Justice, sitting together in the Inner House of the Court of Session. They would review the original judgment, the evidence, and the legal arguments to determine if the initial decision should be upheld, overturned, or sent back for reconsideration.