18
- 5. The defender advanced a number of other arguments, namely,
- (i) that pursuer has no relevant averments of title and interest;
- (ii) that this court has no jurisdiction (by reason of the value of the cause being below £100,000);
- (iii) that the alleged losses on which the pursuer's action is predicated were not within the reasonable contemplation of the parties to the Agreement and are therefore too remote to sound in damages and, further,
- (iv) that the court could not grant interdict against the Lord Lyon King of Arms in these proceedings. In the course of submissions, Mr Lindsay abandoned any motion for interdict. I need not record parties' submissions on the question of remedies, which I was asked to reserve until after determination of the merits of the pursuer's claim.
The parties' submissions
Preliminary comment
[32] Parties produced Notes of Argument and a joint statement of legal principles; the defender produced a further speaking note. Submissions ranged widely and under reference to a large number of authorities, over the course of three days. I have had regard to parties' oral and written submissions. I do not propose to rehearse these ad longum. In summarising these, I intend no disrespect to Counsel's full and careful submissions, all of which I have taken consideration.
