Derek Emslie, Lord Kingarth
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Derek Robert Alexander Emslie, Lord Kingarth (born 21 June 1949) is a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
of the
Supreme Courts of Scotland The College of Justice () includes the Supreme Courts of Scotland, and its associated bodies. The constituent bodies of the national supreme courts are the Court of Session, the High Court of Justiciary, the Office of the Accountant of Court, ...
, sitting in the
High Court of Justiciary The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff C ...
and the
Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...
of the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
. He is the son of former Lord President George Emslie, Baron Emslie, and younger brother of fellow judge
Nigel Emslie, Lord Emslie George Nigel Hannington Emslie, Lord Emslie (called Nigel; born 17 April 1947) is a retired judge of the Supreme Courts of Scotland. He is the son of former Lord President George Emslie, Baron Emslie, and older brother of fellow judge Derek ...
, and older brother of rhino conservationist Dr Richard Emslie.


Early life

Emslie was educated at the
Edinburgh Academy The Edinburgh Academy is a Private schools in the United Kingdom, private day school in Edinburgh, Scotland, which was opened in 1824. The original building, on Henderson Row in Stockbridge, Edinburgh, Stockbridge, is now part of the Senior Scho ...
and
Trinity College, Glenalmond Glenalmond College is a co-educational independent boarding school in Perth and Kinross, Scotland, for children aged between 12 and 18 years. It is situated on the River Almond, Perth and Kinross, River Almond near the village of Methven, Pert ...
, before studying at
Gonville and Caius College, Cambridge Gonville and Caius College, commonly known as Caius ( ), is a constituent college of the University of Cambridge in Cambridge, England. Founded in 1348 by Edmund Gonville, it is the fourth-oldest of the University of Cambridge's 31 colleges and ...
(BA) and the
School of Law A law school (also known as a law centre/center, college of law, or faculty of law) is an institution, professional school, or department of a college or university specializing in legal education, usually involved as part of a process for bec ...
of the
University of Edinburgh The University of Edinburgh (, ; abbreviated as ''Edin.'' in Post-nominal letters, post-nominals) is a Public university, public research university based in Edinburgh, Scotland. Founded by the City of Edinburgh Council, town council under th ...
(LLB). He was admitted to Faculty of Advocates in 1974, becoming a
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
in 1987. As a young man he was a keen sportsman, playing scrum-half for
Edinburgh Wanderers Edinburgh Wanderers is a former rugby union club, founded in 1868. It was latterly a tenant of the Scottish Rugby Union, playing home fixtures at Murrayfield Stadium for nearly 75 years. In 1997 it merged with Murrayfield RFC to form Murrayfi ...
and midfield for
Spartans F.C. The Spartans Football Club are a Scottish football club based in Edinburgh and currently compete in . They were formed in 1951 by ex-players of Edinburgh University and the original intention was the team would be exclusively graduates of the ...
During a game between
Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...
and
Cambridge Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...
University football clubs at
Wembley Stadium Wembley Stadium, currently branded as Wembley Stadium connected by EE Limited, EE for sponsorship reasons, is an association football stadium in Wembley, London. It opened in 2007 on the site of the Wembley Stadium (1923), original Wembley Sta ...
, Emslie's was the first name ever displayed on the new electronic scoreboard.


Legal career

He served from 1979 to 1987 as Standing Junior Counsel (legal advisor appointed by the
Lord Advocate His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish P ...
) to the
Department of Health and Social Security The Department of Health and Social Security (commonly known as the DHSS) was a Ministry (government department), ministry of the Her Majesty's Government, British government in existence for twenty years from 1968 until 1988, and was headed b ...
, and from 1985 to 1988 as an
Advocate Depute The Crown Office and Procurator Fiscal Service () is the independent public prosecutor, prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by Charles III of the United Kingd ...
, representing
the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
in prosecutions and appeals in the High Court. From 1988 to 1995, he was a part-time Chairman of the Pension Appeal Tribunal, and from 1990 the Medical Appeal Tribunal. He was elected Vice-Dean of the
Faculty of Advocates The Faculty of Advocates () is an independent body of lawyers who have been admitted to practise as advocates before the courts of Scotland, especially the Court of Session and the High Court of Justiciary. The Faculty of Advocates is a const ...
in 1995, holding this post until 1997, at which time his brother was elected Dean of the Faculty. In 1997, he was appointed a
Senator of the College of Justice The senators of the College of Justice in Scotland are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court ...
, a judge of the
Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ...
and
High Court of Justiciary The High Court of Justiciary () is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff C ...
, Scotland's
Supreme Courts In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
, with the judicial title, Lord Kingarth. He was promoted to the
Inner House The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is th ...
of the Court of Session in 2005, at which time he was appointed to the Privy Council.


Personal life

Emslie married Elizabeth Carstairs in 1974, with whom he has a son and two daughters.


See also

*
List of Senators of the College of Justice The senators of the College of Justice in Scotland are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court ...


References

{{DEFAULTSORT:Emslie, Derek, Lord Kingarth Living people 1949 births
Kingarth Kingarth (; ) is a historic village and parish on the Isle of Bute, off the coast of south-western Scotland. The village is within the parish of its own name, and is situated at the junction of the A844 and B881. In the Early Middle Ages it wa ...
People educated at Glenalmond College Alumni of Gonville and Caius College, Cambridge People educated at Edinburgh Academy Alumni of the University of Edinburgh Members of the Faculty of Advocates Members of the Privy Council of the United Kingdom Sons of life peers