Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/5

 :to other relevant considerations he will accept the ownership of a dignity of a barony as sufficient to bring the petitioner within his discretionary jurisdiction to grant arms to that person as a person who will require to bear arms in Scotland by reason of his ownership of the dignity." (Emphasis added.)

I have numbered the individual paragraphs for ease of reference; the numbering internal to paragraphs 2 and 4 is in the original. The references to "petition" and "petitioner" in the foregoing mean, respectively, the form of the application for a grant of arms to the Lord Lyon and the person who brings such an application (as opposed to a petition by way of judicial review to these courts). The pursuer relies in particular on the words underlined in proviso (i) in paragraph 4.

The judicial review proceedings and the Lindberg judicial review

[7] In about 2006 the pursuer applied to the then Lord Lyon (Lyon Blair) to be recognised officially as the "Baroness of Lag" and to receive a grant of arms with baronial additaments appropriate to the Dignity of Baron in the Baronage of Scotland. On 15 May 2006 Lyon Blair determined to recognise the pursuer only as "Holder of the Barony of Lag" and to grant the pursuer a coat of arms without any baronial additaments. He issued a Warrant for Letters Patent dated 15 May 2006 ("the 2006 Warrant"). In 2006 the pursuer presented a petition for judicial review ("the Hamilton judicial review") challenging Lyon Blair's refusal, in effect, to recognise her as Baroness of Lag.

[8] In terms of the prayer, in the Hamilton judicial review she sought orders (i) for recognition in the name Margaret Hamilton of Rockhall, Baroness of Lag, and (ii) to authorise the Lyon Clerk to prepare Letters Patent granting her and her descendants such Ensigns Armorial, together with all additaments appropriate to the Dignity of Baron in the