40
No relevant averments of material change in circumstances
[71] The defender's averments relating to the alleged material change in circumstances are to be found in Answer 6, and provide:
"Furthermore, in light of the averments in the defender's Answers, it is clear that there has been a material change of circumstances, including the appointment of a new Lord Lyon; the unchallenged change of policy in 2015 referred to in answer 7 and commented upon approvingly by the Partnership on its website; the apparent attempt to use the Lord Lyon's prerogative powers to support a market in and the prices of estates held in barony; and the misuse of Letters Patent by those to whom they have been issued."
Mr Lindsay submitted that their averments are wholly irrelevant and do not set out any relevant material change in circumstances that would bring the Agreement to an end for the following reasons:
- 1. The appointment of a new Lord Lyon is not a material change in circumstances. Such an appointment is a routine event which was within the reasonable contemplation of the parties when they entered into the Agreement,
- 2. The procedure to be adopted in the future as set out in Menking did not breach the terms of the Agreement,
- 3. As there was a well-established market for barony titles when the Agreement was entered into, the continued existence of such a market cannot constitute a material change in circumstances, and
- 4. The pursuer is unaware of any misuse of Letters Patent by those to whom they have been issued. In any event, the pursuer has no liability or responsibility for any such misuse.
