Lord Carloway | |
|---|---|
 | |
| Lord President of the Court of Session Lord Justice General | |
| In office 18 December 2015 – 3 February 2025 | |
| Nominated by | Nicola Sturgeon AsFirst Minister |
| Appointed by | Elizabeth II |
| Deputy | Lady Dorrian |
| Preceded by | Lord Gill |
| Succeeded by | Lord Pentland |
| Lord Justice Clerk | |
| In office 15 August 2012 – 18 December 2015 | |
| Nominated by | Alex Salmond As First Minister |
| Appointed by | Elizabeth II |
| Preceded by | Lord Gill |
| Succeeded by | Lady Dorrian |
| Senator of the College of Justice | |
| In office February 2000 – 3 February 2025 | |
| Nominated by | Donald Dewar As First Minister |
| Monarch | Elizabeth II |
| Personal details | |
| Born | (1954-05-20)20 May 1954 (age 71) Falkirk, Scotland |
| Spouse | Jane Turnbull |
| Alma mater | University of Edinburgh |
| Profession | Advocate |
Colin John MacLean Sutherland, Lord CarlowayPCFRSE (born 20 May 1954) is aScottishadvocate andjudge who served as theLord President of the Court of Session andLord Justice General from 2015 until his retirement in February 2025. He was previouslyLord Justice Clerk from 2012 to 2015 and was aSenator of the College of Justice from February 2000 until his retirement. On 4 June 2024, Lord Carloway announced his intention to retire from judicial office in early 2025.[1]
Born inFalkirk, Lord Carloway studied at theUniversity of Edinburgh'sLaw School, where he earned aBachelor of Laws. In 1977, he was admitted to theFaculty of Advocates and served as anAdvocate Depute in the late 1980s. Before being nominated as a Judge in 2000, he served as the Treasurer of the Faculty of Advocates. As a Senator of the College of Justice he presided over the2004 prosecution of gas transporter Transco and published theCarloway Review. In 2012,Lord Gill, who had served as the Lord Justice Clerk, was appointed the Lord President and Lord Carloway succeeded him.
Following the retirement of Lord Gill, Lord Carloway was nominated by First MinisterNicola Sturgeon to succeed him. He was officially appointed byQueen Elizabeth II on 18 December 2015, becoming the most senior judge in Scotland.
Colin John MacLean Sutherland was born, on 20 May 1954, inFalkirk.[2] He was educated at Hurst Grange Preparatory School inStirling and theEdinburgh Academy, before studying at theSchool of Law of theUniversity of Edinburgh (LL.B. (Hons)).[3][4]
Sutherland was admitted to theFaculty of Advocates in 1977, and appointedAdvocate Depute in 1986, serving until 1989. He becameQueen's Counsel in 1990 and was Treasurer of the Faculty of Advocates from 1994 to 2000.[5][4]
Sutherland was appointed aSenator of the College of Justice, a judge of theCourt of Session andHigh Court of Justiciary, Scotland'sSupreme Courts, in February 2000. He took the judicial title,Lord Carloway, and was promoted to theInner House of the Court of Session and appointed to thePrivy Council in 2008.[3][4]
Lord Carloway presided over the2004 prosecution of gas transporter Transco under health and safety legislation for an explosion in Larkhall in December 1999 which killed a family of four, fining the company a record £15m. After 2008 he was almost exclusively involved in appellate work as a member of the Second Division, one of the two appeal court chambers in Scotland, chaired by the Lord Justice Clerk.
Lord Carloway was appointedLord Justice Clerk on 15 August 2012.[6]
Lord Carloway's appointment as Lord President and Lord Justice General was announced on 18 December 2015.[7] He stepped down from the post on 3 February 2025.[8]
In December 2022, as Lord President of the Court of Session, Lord Carloway unveiled a plaque commemorating the 1778Knight v. Wedderburn case, which ruled that slavery was incompatible with Scots law.[9]
In October 2010, Lord Carloway was asked by the thenJustice SecretaryKenny MacAskill to undertake a review of theScottish criminal law following the decision by theUK Supreme Court in the case ofCadder v HM Advocate. The report was released in November 2011 and became known as theCarloway Review.[10] The Report did not immediately lead to the recommended abolition of the requirement for corroboration owing to considerable judicial opposition.[11]
He is an assistant editor ofGreen’s Litigation Styles and contributed the chapters on "Court of Session Practice" to theStair Memorial Encyclopaedia and "Expenses" inCourt of Session Practice.[3]
Lord Carloway married Jane Turnbull in 1988, with whom he has two sons. He was the joint editor ofParliament House Portraits: the Art Collection of the Faculty of Advocates, and is a former president of the Scottish Arts Club.[3] He is the lead vocalist in, and plays bass guitar for, theFaculty of Advocates band, The Reclaimers.[12]
Lord Carloway is anHonorary Bencher ofLincoln's Inn in London andKing's Inn in Dublin, and is aFellow of the Royal Society of Edinburgh (FRSE).[13]
Lord Carloway, a Senator of the College of Justice in Scotland, 59
| Legal offices | ||
|---|---|---|
| Preceded by | Lord Justice Clerk 2012–2015 | Succeeded by |
| Preceded by | Lord President of the Court of Session andLord Justice General 2015–2025 | Succeeded by |
| Order of precedence in Scotland | ||
| Preceded byas Son of theDuke of Kent | Gentlemen as Lord President | Succeeded byasLord Clerk Register |
| Senior Judiciary |  | |
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| Inner House | ||
| Outer House | ||