Category: Sark

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) – WLR Daily

Posted October 28th, 2014 in appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) [2014] UKSC 54; [2014] WLR (D) 446

‘Although the courts of the United Kingdom had jurisdiction judicially to review an Order in Council made on the advice of the Government of the United Kingdom acting in whole or in part in the interests of the United Kingdom, there were circumstances in which the court should nevertheless decline to entertain a claim for judicial review. The Queen’s Bench Divisional Court ought to have declined to entertain a human rights-compatibility challenge to legislation enacted in respect of the Island of Sark— a Crown dependency which was part of the Bailiwick of Guernsey but not of the United Kingdom— since it ought properly to have been brought before the bailiwick courts for determination under the island’s own human rights legislation.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) – Supreme Court

Posted October 22nd, 2014 in Administrative Court, appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

R (on the application of Barclay and another) (Respondents) v Secretary of State for Justice and Lord Chancellor and others (Appellants) [2014] UKSC 54 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily

Posted July 23rd, 2013 in human rights, judicial review, law reports, remuneration, Sark, trials by tracey

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)

“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 2nd, 2009 in constitutional law, elections, human rights, law reports, Sark by sally

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others [2009] UKSC 9; [2009] WLR (D) 349

“The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and alternatively, even if art 3 had required that all members be elected, was well within the margin of appreciation afforded by the article. A prohibition on aliens standing for election as members of the legislature was not incompatible with art 3.”

WLR Daily, 1st December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barclays lose Sark reforms claim – BBC news

Posted December 1st, 2009 in constitutional law, elections, human rights, news, Sark by sally

“The Supreme Court has unanimously dismissed an appeal case by the Barclay brothers who wanted to force a change to constitutional reforms on Sark.”

Full story

BBC News, 1st December 2009

Source; www.bbc.co.uk

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 5th, 2008 in constitutional law, elections, judicial review, law reports, Sark by sally

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others

Court of Appeal

“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”

The Times, 5th December 2008

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only availalble free on Times Online for 21 days from th date of publication.

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 4th, 2008 in constitutional law, elections, human rights, judicial review, law reports, Sark by sally

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376

“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th December 2008

Source: www.lawreports.co.uk

Sark under new pressure to end feudal system – Daily Telegraph

Posted December 3rd, 2008 in constitutional law, human rights, news, Sark by sally

“The Channel island of Sark has come under renewed pressure to scrap one of the last vestiges of its feudal system after the Court of Appeal ruled that its new constitution breached human rights laws.”

Full story

Daily Telegraph, 3rd December 2008

Source: www.telegraph.co.uk

R (Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others – WLR Daily

Posted June 20th, 2008 in human rights, judiciary, law reports, Sark by sally

R (Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others [2008] EWHC 1354 (Admin); [2008] WLR (D) 195

“The provisions in the Reform (Sark) Law, 2008 for the retention of the Seigneur and Seneschal as unelected members of Chief Pleas did not breach art 3 of the First Protocol to the European Convention on Human Rights; the prohibition on aliens standing for election to Chief Pleas did not infringe art 3 of the First Protocol, or art 14 of the Convention, or art 19(1) of the EC Treaty; and the Seneschal’s dual role as Senior Judge in Sark and a member of Chief Pleas was not inconsistent with art 6 of the Convention.”

WLR Daily, 19th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

After 450 years, Sark turns back on feudal law – The Independent

Posted April 10th, 2008 in constitutional law, news, Sark by sally

“For more than 450 years Sark stood alone as one of Europe’s last bastions of feudal law, but yesterday marked the end of an era for the tiny Channel island as the UK Privy Council approved changes to its system of government, heralding the arrival of democracy for the first time.”

Full story

The Independent, 10th April 2008

Source: www.independent.co.uk