header-logo header-logo

Home Login E-newsletter About us
10 December 2009
Issue: 7397 / Categories: Case law , Law reports
printer mail-detail

Human rights—Sark—Right to free elections

© Copyright LexisNexis 2026. All Rights Reserved.

R (on the application of Barclay and others) v Secretary of State for Justice and the Lord Chancellor and others [2009] UKSC 9, [2009] All ER (D) 15 (Dec)

Supreme Court, Lord Hope DP, Lord Scott, Lord Brown, Lord Collins SCJJ and Lord Neuberger MR, 1 December 2009

There is no narrow focus on one particular element of democracy under Art 3 of the First Protocol to the European Convention on Human Rights. The electoral rules have to be looked at in the round, and in the light of historical and political factors. Moreover, the rights under that article belong to citizens and not to aliens, and therefore a prohibition on aliens standing for the legislature is not a breach thereof.

David Pannick QC, James Michael Dingemans QC and Jessica Simor (instructed by Withers LLP (UK) and Ozannes (Guernsey)) for the first two claimants. The third claimant appeared in person. Jonathan Crow QC and Ben Hooper (instructed by the Treasury Solicitors) for the defendants.

Sark was a Channel Island populated by about 600. Its

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Jasmine Olomolaiye, Foot Anstey

NLJ Career Profile: Jasmine Olomolaiye, Foot Anstey

Jasmine Olomolaiye, partner at national law firm Foot Anstey, discusses the power of reading and the dizzying heights of her dream career

Freeths—Christopher Stephens

Freeths—Christopher Stephens

Strategic land specialist joins real estate practice as partner

Shakespeare Martineau—Jonathan Pawlowski

Shakespeare Martineau—Jonathan Pawlowski

Construction practice strengthened by partner hire in London

NEWS
Read All
NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
Copyright © 2026 LexisNexis
back-to-top-scroll