Sark case comes to the High Court
Monday 19th May 2008, 2:29PM BST.
Advocate Gordon Dawes’ article on the Barclays’ judicial review has appeared in The Lawyer.
SIR DAVID and Sir Frederick Barclay’s case against the Privy Council’s decision to approve Sark’s reform law hits the High Court this week.
The judicial review will be held on Wednesday and Thursday based on concerns about the feudal powers retained by the Seigneur and Seneschal. Chief Pleas also meets tomorrow with a proposition on the table to review the powers.
An article about the case written by Sir David and Sir Frederick’s advocate, Gordon Dawes, appeared in the latest issue of The Lawyer. Under the new legislation, Sark’s assembly moves from having some seats reserved for landowners to being fully elected.
‘The Barclays argue that there can be no fully functioning democracy without reforming the feudal offices at the heart of Sark politics,’ said Advocate Dawes in the article. But Lord Chancellor and Secretary of State for Justice Jack Straw says the new assembly should decide the extent of the reform, added Advocate Dawes.
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I wait with baited breath for the result of above case. Which form of feudalism will prevail? Old or modern day style? I know which I prefer.
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I wait with baited breath for the result of the above case. Which will prevail? the old style or present day style feudalism? I know which I prefer.
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If they want to get rid of every vestige of feudalism, let them first drop their titles of “Sir”. Knighthood has no place in what they seem to see as true democracy.
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Ask yourself – why are the Barclay brothers spending huge amounts of money on legal fees to bring about a change in the way Sark is governed?
Is it because they care so deeply about the democratic rights of the people of Sark (in which case why do they have to revert to heavy handed legal tactics) – or is it because they want to change the political system to one which best suits their own financial ends?
It is apparent from their recent investments in hotels etc. that they have commercial plans for the future of the Sark (regardless of what Islanders want). It is also self evident that these are “money men”, they don’t spend sizable wedges of cash on legal battles unless they can foresee a finacial return on that spending.
Tradition, local culture and the aspirations of the resident population are, I would suggest, mere obstacles to be overcome to achieve their commercial goals.
Sark has a unique, timeless quality that we Islanders all love dearly. No doubt the Barclay brothers would argue that such whimsical notions are irrelevant and nothing should stand in the way of progress (particularly if there is a profit to be made). Personally I think it is terribly sad to see the gradual corruption of this gem of an island. We’ll miss the old Sark when it’s gone.
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