Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/3

 grant new arms to persons who own barony titles. The dignity of a barony title is a form of incorporeal heritable property.

The business of the firm of which the pursuer is a partner

[3] The pursuer is, together with her husband and her daughter, a partner of a partnership ("the firm") which markets and sells barony titles ("barony titles") to the public. The firm does not itself grant these titles but facilitates the grants of arms based on barony titles from the Lord Lyon King of Arms ("Lord Lyon") by letters patent in favour of their clients. However, none of the foregoing is the subject of averment by the pursuer. The pursuer does not sue qua partner of the firm. She sues in this action as an individual, which was the same capacity in which she entered into the Agreement.

Genesis of the current action: the change of wording to Letters Patent in October 2017

[4] The wording of the Letters Patent which the Lord Lyon grants has varied over time. In the pursuer's view, the effect of the change of wording proposed by the Lord Lyon in October 2017, ie the Disputed Wording, made the barony titles much less marketable or, more accurately, the value to the firm of the title sold was materially reduced. This is because the purchaser perceives that the desirability of a barony title resides in the territorial designation contained in the letters patent, thus: "[Name of purchasers], Baron of X" (where "X" is a Scottish place name). The market value of a barony title in the former style is said to be worth about £85,000, whereas the worth of a barony title containing the Disputed Wording is said be only about £10,000. This is said to have a material impact on the pursuer's own title, were she to dispose of it to a third party. The pursuer also asserted in