Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/2

 barony titles. The Disputed Wording is set out in paragraph [29]. The effect of the change is that the holder is no longer expressly recognised as "the baron of [x place]", or as "holder of" the barony of [x place]. The pursuer challenges the Disputed Wording as a breach of the Agreement. While that is the trigger for the dispute, as will be seen, these simple facts have given rise to a number of subsidiary legal issues. The matter came before the court for a three-day debate, at which both parties sought to challenge aspects of each other's pleadings.

Background

Subsistence of barony titles after the abolition of feudal land tenure

[2] The terms on which the Lord Lyon recognises the holder of a barony title and grants Letters Patent are at the heart of the dispute between the parties. Lyon Sellar described the history and nature of estates held in barony with considerable erudition in Sturzenegger, Petitioner (No 2) 2015 SLT (Lyon Ct) 2 at paragraphs 13–17 ("Sturzenegger"). Upon the coming into force on 28 November 2004 of the principal provisions of the Abolition of Feudal Tenure etc (Scotland) Act 2000 (asp 5) ("the 2000 Act"), the feudal system as a form of landholding was abolished and such estates ceased to exist as feudal estates: see section 63 of the 2000 Act. This ended any connection between ownership of land and the former feudal barony. However, the "dignity" of baron was unaffected. The term "dignity" included "any quality or precedence associated with, and any heraldic privilege incidental to, a dignity": section 63(4) of the 2000 Act. By virtue of section 62 of the 2000 Act, which provided that "nothing in this Act shall be taken to supersede or impair the jurisdiction or prerogative of the Lord Lyon King of Arms", it remains competent for the Lord Lyon to