Barclays take battle of Sark to court

Barclays take battle of Sark to court

By Megan Murphy, Law Courts Correspondent

Published: May 22 2008 03:26 | Last updated: May 22 2008 03:26

The billionaire Barclay brothers on Wednesday asked the High Court to sweep the vestiges of feudalism from the tiny Channel Island of Sark, in the latest move in a battle over how the Crown protectorate should be governed.

The twins, who own a fifth of the island in addition to their interests in London’s Ritz Hotel and The Daily Telegraph, have been pushing for constitutional modernisation since buying the neighbouring isle of Brecqhou 15 years ago.

Last month the Privy Council approved legislation that would establish an elected parliament of 28 members on Sark, replacing a chamber in which the island’s 40 landowners sit with 12 elected deputies.

The Barclays, however, claim the changes do not go far enough in leaving in place the feudal titles of seigneur – the hereditary lord who leases Sark from the Queen – and seneschal, the island’s head criminal and civil judge as well as the presiding speaker of parliament.

David Pannick, QC, for the brothers, on Wednesday claimed the failure to reform those offices violated human rights law and was inconsistent with modern democratic principles.

The Barclays, who have built a £60m ($118m) gothic castle on Brecqhou, have invested heavily in the tourist industry that provides much of Sark’s income.

Since purchasing the neighbouring 80-acre island in 1993, they have sought to dismantle the feudal structure that was first established in Sark more than 400 years ago. Opponents fear they will turn the tiny island into an upmarket resort for the wealthy, doing away with its traditions and sense of history.

Sark’s royal charter was established in 1565 by Queen Elizabeth I, with its land divided into 40 tenements, or parcels. The island, population 600, has no cars, streetlights or income tax.

Sark’s residents voted in favour of setting up an elected legislature in a 2006 referendum, following years of pressure from the British government. The Barclays are concerned, however, that the new chamber may fail to adopt more far-reaching changes.

Tomaz Slivnik, a Slovenian now resident in Sark, is also challenging the new constitution on the grounds it would bar him from seeking election to parliament as an “alien”.

The hearing is expected to conclude this week.