British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
Scottish Court of Session Decisions
You are here:
BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Ayre, Re Judicial Review [2008] ScotCS CSOH_35 (22 February 2008)
URL: http://www.bailii.org/scot/cases/ScotCS/2008/CSOH_35.html
Cite as:
[2008] ScotCS CSOH_35,
[2008] CSOH 35
[
New search]
[
Help]
|
OUTER HOUSE, COURT OF SESSION
[2008] CSOH 35
|
|
|
OPINION OF LORD UIST
in the Petition of
EUR ING DAVID AYRE
OF KILMARNOCK, BARON OF KILMARNOCK
for
Judicial review of
a decision of the
Lord Lyon King of
Arms
ญญญญญญญญญญญญญญญญญ________________
|
Petitioner: Agnew of Lochnaw QC, Miss
Munro; Lindsays WS
Respondent: Woolman QC, Webster;
Solicitor to the Advocate General
22 February 2008
[1] The
petitioner resides at Annadale, Harray, Orkney.
He presented a petition for a grant of arms to the Lord Lyon King of
Arms ("Lyon") on 10 October 2002.
By Disposition dated 18 December
2002 and recorded in the General Register of Sasines for the County
of Ayr on 13 January 2003 he thereafter acquired the
Lands, Lordship and Barony of Kilmarnock.
[2] The
petitioner corresponded with Lyon about the barony and
the design for his coat of arms. He
presumed, in light of previous decisions of Lyon, that,
in granting him a coat of arms with baronial additaments, Lyon
would recognise him in the name Ayre of Kilmarnock. When he received the draft text for the
Letters Patent he noted that he had not been officially recognised in the name
Ayre of Kilmarnock and wrote to Lyon on 19 October 2003 asking to be
given the territorial designation "of Kilmarnock".
[3] Lyon
replied to the petitioner by letter dated 21 October 2003, in which he stated, inter alia, as follows:
"The position is
that, as you say, my policy is not to grant a territorial designation to a
feudal baron where the barony is based on a superiority title, as yours is.
I am afraid that
it is not possible to use the ownership of your 'Annadale' property because a
territorial designation is only granted where a property already has a
particular name before it is acquired by the person who then wishes to use that
name as a territorial designation. It
would therefore not meet these requirements for you to change the name of your
property.
I am afraid,
therefore, that you must accept that it is not possible for the territorial
designation 'of Kilmarnock' to be used by you."
[4] The
petitioner now challenges that decision of Lyon by way
of the present petition for judicial review.
The first hearing in this application for judicial review took place
along with the first hearing in the petition of Professor the Much Honoured
Stephen Pendaries Kerr of Ardgowan, Baron of Ardgowan. The same submissions as were presented in the
Kerr petition were presented, mutatis
mutandis, in the present petition.
For the same reasons as were given by me in the Kerr petition the
decision of Lyon dated 21 October 2003 falls to be reduced. Before pronouncing decree of reduction I
shall, as requested, appoint the case to call By Order on a date to be
afterwards fixed for submissions on whether any order in addition to reduction
should be pronounced.
