Barclay, and Another, Regina (on The Application of) v Secretary of State for Justice and Lord Chancellor and Others: Admn 9 May 2013

The applicants had successfully challenged some provisions in the constitution of Sark, and amending legislation had been brought in, but they now complained of the new provisions.
Held: Where a challenge was intended to the advice given by UK authorities to those proposing new legislation, and a remedy was available within the courts of the Bailiwick of Guersey and Sark, then it was preferable that any challenge should be in those courts and not the High Court in England and Wales. However the High court having already had involvememt in the matters, it should not decline jurisdiction.
The new provisions allowed the possbility that the Chief Pleas, the main court in Sark, could itself and arbitrarily alter the remuneration provisions of the Seneschal of Sark, its chief judge. That provision was an infringement of Article 6 in leaving him insufficiently independent. An objective outsider would see the Seneschal as vulnerable to pressure from the members of the Chief Pleas not to make decisions which would be unpopular with them.
Sir John Thomas P QBD, Burnett JJ
[2013] EWHC 1183 (Admin), [2013] WLR(D) 290, [2014] 1 WLR 415
Bailii, WLRD
European Convention on Human Rights 6, Human Rights (Bailiwick of Guernsey) Law 2000
Citing:
CitedBancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .

Cited by:
Appeal fromBarclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the . .
CitedBarclay and Another, Regina (on The Application of) v Secretary of State for Justice and Others SC 22-Oct-2014
Constitutional Status of Chanel Islands considered
The Court was asked as to the role, if any, of the courts of England and Wales (including the Supreme Court) in the legislative process of one of the Channel Islands. It raised fundamental questions about the constitutional relationship between the . .

Lists of cited by and citing cases may be incomplete.
Updated: 27 October 2021; Ref: scu.503511