R (on the application of Barclay) v Secretary of State for Justice

The Supreme Court has handed down an important judgment on the constitutional relationship between the Channel Islands and the United Kingdom. The principal issue in the appeal concerns the role, if any, of the courts of England and Wales (including the Supreme Court of the United Kingdom) in the legislative process of the island of Sark, part of the Crown Dependency of the Bailiwick of Guernsey. The Supreme Court held that the courts of the United Kingdom did not have jurisdiction to review the Order in Council  in the present case because the courts of the Bailiwick of Guernsey were the more appropriate forum to hear the Barclay Brothers' judicial review claim. The Supreme Court recognised that a United Kingdom court may have jurisdiction to review such an Order in Council in other circumstances, where the international obligations of the United Kingdom were engaged.

The full judgment can be read here:

http://supremecourt.uk/decided-cases/docs/UKSC_2013_0155_Judgment.pdf

James Eadie QC acted for the Secretary of State for Justice and others.

Michael Beloff QC and Ivan Hare acted as Advocates to the Court.

Sir Jeffrey Jowell QC, Iain Steele and Jason Pobjoy acted for the interveners, the Attorney General of Jersey and the States of Guernsey.