This Is Guernsey

By Phil Falle

SARK Shipping has withdrawn its threat to bring legal action against Brecqhou Developments and Kevin Delaney, the head of the Barclay family’s investment in Sark, for using the Brecqhou Warrior to bring building materials to the island.

The development emerged at Chief Pleas last night in response to questions tabled by Brecqhou owners Sir David and Sir Frederick Barclay.

Tenant William Raymond, a Chief Pleas-appointed director of the shipping company, said that Sark Shipping had taken further legal advice as a result of which it had emerged that the cost of such legal action could be very substantial.

Mr Raymond said that in those circumstances the company had decided to follow that advice and would not be bringing proceedings in relation to the use of the Brecqhou Warrior. The announcement led to the withdrawal later in the sitting of a proposition in the names of Sir David and Sir Frederick Barclay calling on Chief Pleas to direct the company not to bring the legal action.

There was no comment about the disclosure during the Chief Pleas sitting but later Mr Delaney and Advocate Gordon Dawes, who was standing in as a member of the assembly for Sir David Barclay, said that they were not aware of the development prior to the announcement.

Mr Delaney was clearly pleased and said that he hoped that the change could be built upon.

However, an attempt by him and Deputy Paul Burgess to get the legislature to agree to instruct Sark Shipping to shelve its planned freight service to the French port of Dielette and concentrate instead on its core business between Guernsey and Sark was defeated.

Mr Delaney argued that it was unfortunate that Chief Pleas had not been given the opportunity to discuss the planned service in advance. He also told members of the difficulties of using Dielette for freight services and said that the port was not properly geared up for such an enterprise.

However, Mr Raymond argued that it was not a standalone venture but one which made use of the new cargo vessel, Sark Viking, and company personnel with little additional cost. He added that the agreement between Chief Pleas and Sark Shipping required the company to provide non-core activities if a profit could be made.

Mr Raymond said that the company would not pursue the French venture if the difficulties envisaged by Mr Delaney materialised but added that ‘we have to try it’.

Dr Stephen Henry said that the decision was a matter for the company and its directors but added that if Sark Shipping did not take notice of what Mr Delaney had said then, ‘they are more foolish than many of us think they are’.

Article posted on 21st May, 2008 - 1.00pm