Sark, the Supreme Court and the Status of the Channel Islands: Or Barclay Bites Back

Sark is in the process of a revolution as it tries to make it laws compliant with the European Convention of Human Rights. This began with the Reform (Sark) Law 2008 which was challenged by the Barclay brothers before the English courts culminating in a hearing before
the UK Supreme Court in Barclay, R (On the Application of) v Secretary of State for Justice. Along the way, the English Court of Appeal held that the dual role of the Seneschal as the Chief Judge on the island and the President of the Chief Pleas was incompatible with the
Convention (the point was not appealed to the Supreme Court). This led to the enactment of the Reform (Sark) (Amendment) (No.2) Law 2010 (the 2010 Reform law) and once more the Barclay brothers challenged it against human rights standards