MacDonald of Keppoch v. Lord Advocate Confirmation Arms [2004] ScotCS 23 (30 January 2004)

MacDonald of Keppoch v. Lord Advocate Confirmation Arms [2004] ScotCS 23 (30 January 2004)

The Court held that the omission of a generation in a sloinneadh does not, by itself, invalidate its evidential value, and that there is no absolute requirement for independent proof that a sloinneadh was kept in correct form. The evidence presented, including the sloinneadh and supporting testimony, was sufficient to establish the petitioner's descent and entitlement to recognition as Chief of the Name and Arms of MacDonald of Keppoch, subject to the presumption that no better claim exists.

Citation
[2004] ScotCS 23
Parties
Petitioner and Appellant: Ranald Alasdair MacDonald of Keppoch; Respondent: The Lord Advocate
Jurisdiction
Scotland
Judgment Date
30 January 2004
Procedural Posture
Appeal From the Court of the Lord Lyon (petition and Objections) / Appeal Judgment
Outcome
Appeal allowed in part; petitioner's entitlement recognised for aught yet seen; process remitted to the Lord Lyon for further proceedings on confirmation of arms.
Legal Topics
Confirmation of Arms, Genealogy Evidence, Presumptions in Law, Natural Justice
Administrative Law Heraldic Law Scottish Civil Procedure Confirmation of Arms Genealogy Evidence Presumptions in Law Natural Justice

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Parties

Ranald Alasdair MacDonald of Keppoch

Petitioner and Appellant

The Lord Advocate

Respondent

Procedural Posture

Appeal From the Court of the Lord Lyon (petition and Objections) / Appeal Judgment

Legal Issues

  1. 1 Whether the petitioner is entitled to be recognised as Chief of the Name and Arms of MacDonald of Keppoch and to confirmation of arms based on genealogical evidence, specifically a traditional Gaelic sloinneadh.
  2. 2 Whether a sloinneadh must be independently proved to have been kept in correct form to be admissible as evidence.
  3. 3 Whether the omission of a generation in a sloinneadh invalidates its evidential value.

Ratio Decidendi

The Court held that the omission of a generation in a sloinneadh does not, by itself, invalidate its evidential value, and that there is no absolute requirement for independent proof that a sloinneadh was kept in correct form. The evidence presented, including the sloinneadh and supporting testimony, was sufficient to establish the petitioner's descent and entitlement to recognition as Chief of the Name and Arms of MacDonald of Keppoch, subject to the presumption that no better claim exists.

Court Disposition

Appeal allowed in part; petitioner's entitlement recognised for aught yet seen; process remitted to the Lord Lyon for further proceedings on confirmation of arms.

Orders

  • Sustain the petitioner's first plea-in-law and grant the prayer of the petition to the extent of recognising the petitioner for aught yet seen in the name Ranald Alasdair MacDonald of Keppoch, Chief of the Name and Arms of MacDonald of Keppoch, and of the Honourable Clanranald of Keppoch, Mac-'ic-Raonuill.
  • Remit the process to the Lord Lyon to proceed as accords in respect of the petitioner's claim for confirmation of arms.