Page:Margaret Hamilton of Rockhall v Lord Lyon King of Arms.pdf/6

 Baronage of Scotland. The Lindberg judicial review was brought at the same time and it proceeded on broadly the same grounds. The two judicial review proceedings were settled extra-judicially in 2008 by a single agreement, namely the Agreement recorded above, at paragraph [6].

[9] The pursuer avers that the Agreement also resolved the Lindberg judicial review. As part of the settlement of the Hamilton judicial review, it was agreed that the 2006 Warrant be reduced. In due course, Lyon Blair recognised the pursuer as "the Baroness of Lag" with grant of arms with baronial additaments appropriate to the dignity of baron.

The office of Lord Lyon and the power to grant arms

[10] A number of arguments concern the office of the Lord Lyon, the nature of the powers he exercises in that role generally (eg administrative or judicial) and in the exercise of the royal prerogative, delegated to him, to grant arms. A further issue concerned the capacity of one Lord Lyon to bind a successor in office. Accordingly, it may assist to set out the background to these matters insofar as they were uncontroversial between the parties.

The Lord Lyon and his immediate predecessors

[11] The compearing defender in these proceedings is Dr Joseph J Morrow CBE, QC, LLD, the current holder of the office of Lord Lyon King of Arms, in relation to the grant of arms. The previous holder of the office was David Sellar MVO, MA, LLB, FRHistS, FSA, who was Lord Lyon at the time of the Agreement at issue in these proceedings. Lyon Blair was the Lord Lyon who granted the 2006 Warrant.