Barclay brothers lose Supreme Court appeal over Sark

  Sir David and Sir Frederick Barclay have lost their Supreme Court appeal over planned constitutional changes to Sark’s feudal system of government.   Dismissing the appeal, Lord Collins said that the Barclays’ suggestion that the changes “might have a chilling effect on the exercise of the power of the democratically elected members to legislate” was “wholly speculative”.   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, Lord Justice Pill said 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, also appealed the ruling.   The Law Lords ruled that the retention of the unelected offices was not contrary to the Convention and that Sark is “entitled to restrict the right to stand for election to persons who are entitled to vote”.   christian.metcalfe@estatesgazette.com