A battle over the use of the name St Andrews will go to court, The Courier can reveal.
Citations from Scotland’s supreme civil court have been served on the applicant behind a £25 million golf course and clubhouse under construction near St Andrews.
After months of legal threats, it has been confirmed that St Andrews International Golf Club Limited (SIGC) and Feddinch Developments Ltd are being taken to the Court of Session over their use of the name “St Andrews”.
The claim is that the private companies, operating three miles outside St Andrews, are passing off and taking benefit from the internationally-renowned activities and reputation of St Andrews Links Trust (SALT) the charity which runsSt Andrews’ seven public courses.
The summons have been served in the name of the trustees of SALT and St Andrews Links Limited.
The citation considers that the companies have been incorporated to deceive or confuse the public or to induce the belief that the golf-related goods and services of the defenders are in any way connected with the golf-related goods and services of the pursuers.
SIGC director Ewan McKay, an Angus businessman, told The Courier: “Despite statements to the contrary that SALT would not be taking action against local companies, two citations have been presented in the names of (trustees) Richard Muckart, Menzies Campbell, Gordon Mackenzie, Catherine Ferguson, Gillian Kirkwood, Donald Macgregor, and James Leishman.”
The Courier revealed in January that historic documents dating back almost nine centuries could hold the key to the outcome of the legal battle being fought at the home of golf.
The applicant was warned in December it faced legal action by golf bosses unless all mention of St Andrews is removed from its internationally-marketed development.
With the deadline for removal of the name ‘St Andrews’ having passed in January, SIGC, which is developing an ambitious private golf course at Feddinch, three miles outside St Andrews, said it was standing firm against what it regards as “unjust and quite ridiculous” demands by SALT.
Mr McKay said his company had taken counsel’s advice and were not prepared to adhere to their “unjust and quite ridiculous demands” and were subsequently prepared to fight for their right to use the name St Andrews.
A spokesman for St Andrews Links Trust said: “We have taken legal advice and been advised that these two companies are committing the legal wrong of passing off.
“It is our intention to pursue the current litigation action in order to ensure that this activity desists.”