Ayre, Re Judicial Review [2008] ScotCS CSOH

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

________________

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.

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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] CSOH 35, [2008] ScotCS CSOH_35

Scottish Court of Session Decisions