Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/15

 referred (at paragraph 29 of Menking) to the previous wording of recognition, the defender set out (at paragraph 30) the wording that he proposed to adopt both in reference to Mr Menking's application and with all future petitions involving feudal and other dignities, namely:

"By Deed of Assignation recorded in the Scottish Barony Register, the Petitioner holds the [Lordship and Regality of the Garioch] being of the genus of barony, which ownership brings the Petitioner within the jurisdiction of the Lord Lyon, King of Arms." (Emphasis added.)

The wording in square brackets will vary according to the nature and title of the barony in question.

[28] Other examples of this policy in action were produced to the Court. (See, eg the Letters Patent relating to Tamara Viktorovna Ettinger, as holder of the barony of Cramond (dated 24 February 2018) and to Bradley Paul Johnson, as holder of the baronies of Hallyards, or Lochmaben and of Kintrye, dated 27 August 2018.) In each case, by reference to the relevant deed of assignation recorded in the Scottish Barony Register, the Letters Patent stated that:

"the Petitioner, prima facie, holds the [Barony of X / Lordship of X]".

The defender noted that these changes did not prompt any challenge by the pursuer or the firm at the time.

The Disputed Wording articulated in October 2017

[29] By letter dated 23 October 2017, the defender advised the pursuer's agents that with effect from 1 January 2018 (ie providing about nine weeks' notice) any application based on ownership of a barony will no longer make reference to the deed of assignation transferring the barony. As a consequence, there would no longer be any express statement in the