Lord Carloway, formerly of the SFA Judicial Panel (And Much Else), Appointed Lord Justice Clerk

Lord Carloway QC has been appointed by the Queen to be the new Lord Justice Clerk. He replaces Lord Gill who was recently appointed as the new Lord President.

Lord Carloway was nominated by the First Minister taking account of recommendations made by an independent selection panel.

Lord Carloway was appointed a Judge in February 2000 and was appointed to the Second Division of the Inner House in August 2008. He was admitted to the Faculty of Advocates in 1977 and was appointed Queen’s Counsel in 1990.

Lord Carloway – newly appointed as Lord Justice Clerk

As well as being a highly respected author on matters of civil procedure, he also carried out the inquiry for the Scottish government into the aftermath of the “Cadder” judgement. His report into criminal law and practice was published in November 2011 and, amongst many recommendations, suggested the abolition of the requirement for corroboration in criminal cases in Scotland, a proposal which was surprising, especially in light of his Lordship’s previous comments about it being a cornerstone of the Scottish criminal justice system.

The Lord Justice Clerk is the second most senior judge in Scotland and as such has a prominent role in the Criminal Appeals system.

The salary of the Lord Justice Clerk is £206,857 per annum.

The selection panel was chaired by Sir Muir Russell (Chair of the Judicial Appointments Board for Scotland) and also comprised Lord Gill (the Lord President), the Lady Dorrian (senator of the Court of Session) and Elspeth Macarthur (a lay member of the Judicial Appointments Board for Scotland).

Lord Gill, the Lord President (on the left)

The official notice on the Scottish government website, and the announcements reported elsewhere fail to mention his Lordship’s recent role on the Scottish Football Association Judicial Panel and Appellate Tribunal, from which he stepped down following the overturning of his Tribunal’s decision regarding Rangers after a Judicial Review before Lord Glennie.

Perhaps Lord Carloway was confident that his application to be Lord Justice Clerk was going to be successful or perhaps he felt that it was an added distraction when he was focussing on his application.

In any event, notwithstanding the concerns of many lawyers about the terms of his Criminal Law Review, he is one of the best lawyers of his generation, and will surely continue his fine judicial service for many years in the post of Lord Justice Clerk.

In addition, as a sprightly 58 year old, he is now in pole position to succeed Lord Gill, aged 70, when he retires as Lord President, which can, at the latest, be on his 75th birthday.

Alternatively, when Lord Hope of Craighead, Deputy President of the UK Supreme Court, retires, as he will do soon, being aged 74, Lord Carloway would have the opportunity of seeking to replace him as one of the Scottish judges on the Supreme Court.

Lord Hope, the finest Scots legal mind for many years

However, better perhaps to let him get his feet under the Bench as Lord Justice Clerk before dispatching him elsewhere!

 

Posted by Paul McConville

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25 Comments

Filed under Courts, General Scots Law Rambling, Law Reform

25 responses to “Lord Carloway, formerly of the SFA Judicial Panel (And Much Else), Appointed Lord Justice Clerk

  1. I always wondered why judges wore those wigs. However, as my hair has become a trifle rare and, at best, looking ridiculous, I can understang the advantage of the wig when it is important to look grave. With hair like mine even passing a capital sentence would raise at least a few chuckles from the offender.

  2. Glazert Tim

    To the sensible, this will be viewed as a legal mind commenting on a significant legal appointment. However, was pissing myself at the picture choices. Let the innane banter conmence.

    Anyone fancy running a book on how long it takes for a ‘naughty’ post of blinkered judgement to suggest the legal sytem has ‘tim’ agenda, with the Big KP ((Cardinal O’Brien) being pictured with Lord Gill (1st Catholic to hold that post).

    Set the countdown clock now.

  3. Ah…. Lord Hope. He was a good guy– I remember him as a slightly geeky council– but very good. He once did me a wee favour…. just a short act of Hope so to speak!

  4. Micky Taker

    Has he been kicked upstairs so he cant rule on rangers?

  5. bfb

    This might be a sociological question but bear with me, I wonder how that timish agenda will play out over the coming years Might the baby boomers be the at the zenith of that, as they are in many other things, or might it be that, as the manifestation of timmery becomes separate from its religious roots, it might go on to further heights of hegemony? All it takes is one generation of neglect for the faith to be dislocated

    • When you say the manifestation of timmery I take it you mean the bile and bigotry being spouted in the interest of sporting integrity or is this potentially the result of a sinister plot for tims to take over the world.
      Good luck to Lord Gill in his new job.
      Religion and the law should be separate entities – we are in the twenty first century and the idea that catholics have been prevented in the past from getting this job ( which seems to be what Glazert Tim was alluding to ) serves only to remind us all of the non holy roman persuasion that paranoia is alive and well.
      That reminds me whatever happened to the Bhoys against Bigotry campaign.
      Seems so last century now!

      • Ernesider

        Clarkeng

        ” the idea that catholics have been prevented in the past from getting this job ( which seems to be what Glazert Tim was alluding to ) serves only to remind us all of the non holy roman persuasion that paranoia is alive and well.”

        What an outrageous thing to suggest. Glazert Tim you should be ashamed of yourself.

    • Ernesider

      bfb

      Hard to understand what you are trying to say. I suspect that you are suffering from a mild case of sesquipedalianism. Perhaps you should invest in a copy of Sir Ernest Gower’s excellent book, “The Complete Plain Words” and start again.

      • bfb

        Ernesider

        I was merely posing a question regarding the increasing prevalence of cultural rather than religiously committed Catholicism in Scotland. Not trying to mean anything

        No case of sesqiupedalianism here. I am with Einstein about things being made as simple as they can be made but no simpler.
        I prefer Gower’s version of Fowler.

  6. Glazert Tim

    For the sake of clarification, it was the MSM who commented on the fact he was the 1st Catholic to hold that post and the original post by myself was referring to this. I had no idea of that fact. Do a Google search BBC, Herald etc.

    It is noteworthy however that until recently, a certain high post in the land had legislative preclusion in place to prevent a Catholic from holding that post and legislative change was implemented to address this. This was in recognition of the fact that such barriers had no place in modern society and confronted the fact that several centuries on from Henry the Eighth fancying a bit on the side, we were still seeing remnants of the Reformation in action.

    Similarly, several posts on recent blogs within this site have been reduced from serious good humoured comment to having ‘timmery’ brought into the mix for no other reason than to provoke a response. Thankfully this has only resulted in some funny banter in return defusing this.

    Cast your eyes on other blogs discussed here and the level of bile is far from good humoured and serves no other purpose other than being offensive.

    If a level of intellect was applied to reading the post against the background of previous subtle picture inclusions and commentary, my reference to the Cardinals picture was obviously recognising Paul placing it there like a jamjar for catching wasps.

    Take the post for what it was, ……….a post commenting on how some browsers cannot take facts for what they are, have to steer discussion along lines that were never intended and that posting a picture of a Cardinal as ‘visual bait’ was bound to provoke the discussion we are having.

    Clearly I was right and my experiment produced the expected result. You’ve brought shame on yourself in fact by falling for it hook line and sinker.

    If you can’t see that well…………confession is good for the soul. That’s what KP says to his parishoners and Lord Gill said to many a defendant. However I take a more pragmatic approach and say………..dry yer eyes ya eejit!

    • Ernesider

      Glazert Tim

      ” Clearly I was right and my experiment produced the expected result. You’ve brought shame on yourself in fact by falling for it hook line and sinker.”

      Irony is dead?

      • Ernesider

        Glazert Tim

        I was being sarcastic ya eejit.

      • Glazert Tim

        Making the dinner and formulating banter don’t mix clearly. Too late in the day to interpret sarcasm.

        Was about to hit out with:

        Ah irony. Statistically the most overused and incorrectly applied word in the English language. It’s use in this context is frankly ………well ironic really.

        However not as incorrectly used as the old french ‘bigotte’ evidently.

      • Ernesider

        Glazert Tim

        ” Ah irony. Statistically the most overused and incorrectly applied word in the English language. It’s use in this context is frankly ……… well ironic really.

        Bollocks

        Irony Meaning

        “The expression of one’s meaning by using language that normally signifies the opposite, typically for humorous or emphatic effect.”

        Hope that is clear enough for you.

  7. mick

    Every1 knows scotlands legal system at the top the inner house is part of a historical anti RC instituttion is this appointment them trying to change if so then its good for the country there is lots of ancient laws to keep RCs out of it and after the rfc and sfa saga we have just seen its time those laws are scrapped,has there every been a rc lord president ???

  8. mick

    the 7 steps to stay clean and legal for public office ,the 1 good thing about scotslaw is
    The Committee’s First Report established The Seven Principles of Public Life, also known as the “Nolan principles”.[4] They are included in the Ministerial Code. They are:[4]
    Selflessness – Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other benefits for themselves, their family or their friends.
    Integrity – Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.
    Objectivity – In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
    Accountability – Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
    Openness – Holders of public office should be as open as possible about all the decisions and actions they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.
    Honesty – Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
    Leadership – Holders of public office should promote and support these principles by leadership and example

    so its save to say we wont be seeing any1 from ibrokes at the inner house thats for sure ,are the above rules applied to the sfa whats there policies

  9. mick

    lord Gill is some man a just read about him there hes a Glasgow man .He joined the Faculty of Advocates the same year celtic win the big cup that killed the oldco (67).After reading about the top of the law in scotland a would say were in safe hands and scotslaw has been reformed and a take my “biasied” comment back. (jesuit)the main word a got excited about tonight

  10. JimBhoy

    aye hopefully Michealos!

  11. mick

    @jimbhoy at first when a read the article a thought the scotslaw was like the sfa but after reading it agian and the comments then flicking throw the web the scottish law society seems to be embracing modernisation and has become a on merit and not who you know as in the past ,they have changed

  12. lawheid

    Sorry to sidetrack of what is very good article Paul but did anyone at least caught the highlights of the Scotland-Australia match on Wednesday? Did you hear the booing for Ian Black? Funny how the reporters and those in the SkySports studio soon after the match pretend that they didn’t hear that?

    The selection of Black and subsequently his substitute appearance
    demonstrates very clearly that it was based purely on the fact that
    he plays for Rangers/The Rangers/oldco/newco.

    Thus, the SFA are biased towards Rangers and won’t be neutral in disciplining them over the “dual contracts”.

    Why else would you want to select a player, who has made the conscientious decision of playing in the 4th tier division of Scottish football, over 2 midfielders who play for Aston Villa and Cardiff City?

    Am we suppose to believe that best available Scottish midfielder playing in Scotland is someone that doesn’t play in the SPL?

    Are we suppose to believe that a player who will be playing against the likes of Clyde, Elgin City and Peterhead is someone that is capable of handling top quality players that play for the likes of Croatia, Serbia, Belgium, Macedonia or Wales?

    I most certainly don’t think so.

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