Regiment fight goes to higher court
Sheriff rules court not competent to hear veterans' legal challenge
The fight to save the King's Own Scottish Borderers will go to a higher court after a sheriff ruled that her court was not competent to hear the petition from veterans.
Sheriff Elizabeth Jarvie made the ruling yesterday at Edinburgh Sheriff Court after hearing arguments from campaigners and the Ministry of Defence. The regiment's Edinburgh asssociation had raised a legal challenge last week, saying the Minstry of Defence could not disband the regiment that had been formed by an act of the independent Scottish parliament in 1700.
Expenses for the hearing were awarded against the veterans.
The association can now take the case to the Court of Session for a ruling. An association spokesman said yesterday's decision by the court was neither a defeat nor a setback, but a step in the process they had anticipated. The MoD has scheduled the merger of the regiment for 31 March 2006. It had been due to take place on 30 November, but was postponed because of the veterans' actions.
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