The Lord Justice Clerk is Scotland’s second most senior judge, who leads the Second Division of the Inner House of the Court of Session and regularly sits in the High Court of Justiciary, particularly in criminal appeals. In practice, the Lord Justice Clerk presides over appellate benches, delivers leading judgments in civil and criminal appeals, and contributes to judicial guidance on practice and procedure.
The office is recognised in Scottish legislation (including the Judiciary and Courts (Scotland) Act 2008 and the Court of Session Act 1988). The Lord Justice Clerk deputises for the Lord President of the Court of Session (who is also the Lord Justice General) in judicial and leadership functions, and may act when the Lord President is unavailable or has delegated responsibilities.
This title and role are specific to Scotland. There is no “Lord Justice Clerk” in England and Wales, Northern Ireland or Ireland; roughly comparable senior appellate roles there include, respectively, the Master of the Rolls/Lord Chief Justice, the Lady Chief Justice of Northern Ireland, and the Chief Justice or President of the Court of Appeal.
Practitioners will most commonly encounter references to the Lord Justice Clerk in Scottish appeal cases, court lists, and judgments from the Inner...