Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/21

 [38] Paragraphs 4 and 5 of the Agreement did not concern either Dr Lindberg or the pursuer. On the basis of the pursuer's pleadings and productions, he submitted that they do not concern any dispute being litigated between either of those petitioners and the Lord Lyon. In terms, the paragraphs concern "other persons" (eg see para 4 of the Agreement).

[39] Mr Mure outlined the defender's principal position on paragraphs 4 and 5 of the Agreement is as follows. They set out the policy of the then Lord Lyon, Lyon Sellar, who died on 26 January 2019. No Lord Lyon is bound to follow a policy of his predecessor, for none can bind his successor. The defender is not therefore bound by his predecessor's policies. In any event, paragraphs 4 and 5 do not contain contractual stipulations intended to be for the benefit of, or enforceable by, either Dr Lindberg or the pursuer. He developed this submission, as follows:


 * 1. The words in paragraph 4 to the effect that the Lord Lyon would "if so required, officially recognise the petitioner as "Baron of [the barony]" proceeded upon the mistaken hypothesis that a petitioner may "require" anything of the Lord Lyon in such a petition. However, such grants of arms are a matter of grace and not of right. Further, paragraph 4 of the Agreement did not stipulate where, when or how any such official recognition would be made.


 * 2. The pursuer's complaint was that the defender will not include "the assignation clause" in Letters Patent. However, the Agreement does not contain any reference to an "assignation clause". Accordingly, even if paragraphs 4 and 5 were contractual, there has been no breach on the part of