HAMILTON OF ROCKHALL AGAINST LORD LYON KING OF ARMS [2019] ScotCS CSOH_85 (05 November 2019)

HAMILTON OF ROCKHALL AGAINST LORD LYON KING OF ARMS [2019] ScotCS CSOH_85 (05 November 2019)

The Agreement is not enforceable against the current Lord Lyon as paragraphs 4 and 5 are not contractual obligations but policy statements, and the Lord Lyon cannot bind his successors or fetter his discretion in the exercise of royal prerogative. The pursuer lacks relevant title and interest to enforce the Agreement for losses relating to the partnership. Any contractual obligations, if they existed, have been terminated by reasonable notice and material change of circumstances.

Citation
[2019] ScotCS CSOH_85
Parties
Pursuer: Margaret Hamilton of Rockhall; Defender: Lord Lyon King of Arms (Dr Joseph J Morrow CBE, QC, LLD)
Jurisdiction
Scotland
Judgment Date
05 November 2019
Procedural Posture
Commercial Action / Opinion After Three Day Debate
Outcome
Action dismissed
Legal Topics
Compromise Agreements, Royal Prerogative, Binding Nature of Contracts by Officers of State, Fettering of Discretion, Recognition of Barony Titles, Jurisdiction of Lord Lyon King of Arms
Contract Law Administrative Law Public Law Compromise Agreements Royal Prerogative Binding Nature of Contracts by Officers of State Fettering of Discretion Recognition of Barony Titles +1 more

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Parties

Margaret Hamilton of Rockhall

Pursuer

Lord Lyon King of Arms (Dr Joseph J Morrow CBE, QC, LLD)

Defender

Procedural Posture

Commercial Action / Opinion After Three Day Debate

Legal Issues

  1. 1 Whether the 2008 Agreement is a binding contract enforceable against the Lord Lyon King of Arms and his successors
  2. 2 Whether the change in wording of Letters Patent breaches the Agreement
  3. 3 Whether obligations in the Agreement are indivisible and require joint enforcement

Ratio Decidendi

The Agreement is not enforceable against the current Lord Lyon as paragraphs 4 and 5 are not contractual obligations but policy statements, and the Lord Lyon cannot bind his successors or fetter his discretion in the exercise of royal prerogative. The pursuer lacks relevant title and interest to enforce the Agreement for losses relating to the partnership. Any contractual obligations, if they existed, have been terminated by reasonable notice and material change of circumstances.

Court Disposition

Action dismissed

Orders

  • Defender's pleas sustained
  • Pursuer's pleas repelled