Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/29

 at debate. Accordingly, if the defender wishes to continue to dispute jurisdiction it will be necessary to have a proof before answer.

Title and interest

[49] The pursuer has sufficient title and interest to pursue this action in her own name and it is not necessary for Dr Lindberg to be an additional defender. "Title" to sue involves some legal relation which gives the pursuer some right which the defender either infringes or denies: D & J Nicol v Dundee Harbour Trustees 1915 SC (HL) 7 per Lord Dunedin at page 12. In the present case, the pursuer has title to enforce the Agreement as she was a party to it. The Agreement was negotiated and agreed by senior counsel for each party. The Agreement was initialled by the parties' senior counsel and each party was provided with an initialled Agreement for their records.

[50] "Interest" means some benefit from asserting the right. There must be a real issue, the existence of a sufficient interest being essentially a matter depending on the circumstances of the case: Lennox v Scottish Branch of the British Show Jumping Association 1996 SLT 353 applying Scottish Old People's Welfare Council, Ptrs 1987 SLT 179. The pursuer's interest arises from the impact on her drawings from the firm.

[51] Mr Lindsay expanded on his submission. The Disputed Wording will have a detrimental impact upon the business of the firm, of which the pursuer is a partner. The capital value of the pursuer's one third share of the firm will also be diminished by the change. As a consequence of this detrimental impact on its business, the pursuer's personal drawings from the Partnership will be reduced. It is this reduction in her personal drawings that provides the necessary interest to bring the present proceedings: Vaughan v