Barclays given second chance in lords appeal

Sir David and Sir Frederick Barclay have been given a second chance to have their House of Lords appeal over planned constitutional changes to Sark’s feudal system of government back in court. On 19 March, the lords dismissed the brothers’ bid to overturn the Court of Appeal’s ruling because they had failed to give security for costs by 4 March. However, following an application by the brothers, the law lords have agreed to restore the appeal provided that the brothers provide security for costs by 6 April. In December 2008, the Court of Appeal dismissed the Barclays’ challenge to the High Court’s decision, which rejected their claim that proposed constitutional changes on Sark did not go far enough towards democracy and therefore contravened the European Convention on Human Rights. The billionaire twins, who own approximately one-fifth of Sark together with the neighbouring island of Brecqhou, had asked the court to block a reform law that will retain two unelected positions while introducing an elected parliament. Dismissing their challenge in the Court of Appeal, Pill LJ said that the law was a “substantial improvement”, providing for “an almost wholly elected chief pleas as compared with one in which elected members are in a minority”. Thomas Slivnik, a Slovenian citizen who lives on Sark and wants to stand for parliament, but is unable to do so under the new constitution because of his nationality, is also hoping to appeal the ruling.