Judge refuses to bar media from revealing where Sir David Barclay is buried

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Sons of the late businessman Sir David Barclay have failed in a bid to stop journalists revealing where he is buried.

Detail of where Sir David, who died in January last year aged 86, is buried emerged on Tuesday during the latest stage of litigation involving his twin, Sir Frederick Barclay.

A judge is considering the latest stage of a dispute over money between Sir Frederick, 87, and his ex-wife, Lady Hiroko Barclay, 79, at a public hearing in the Family Division of the High Court in London.

Lady Barclay told Sir Jonathan Cohen on Tuesday how she understood that Sir David was buried on Brecqhou, one of the Channel Islands, where he had a home.

Lady Hiroko Barclay (left) leaves the High Court (Kirsty O'Connor/PA)
Lady Hiroko Barclay (Kirsty O’Connor/PA)

A barrister representing three of Sir David’s sons, Aidan, Howard, and Alistair, asked the judge to bar reporters from revealing the location.

Heather Rogers QC argued that the information was “deeply private” and “deeply personal” and should not be revealed in the media.

Barrister Beth Grossman, who represented The Guardian newspaper, argued against a ban and Sir Jonathan ruled that the information could be reported.

Lady Barclay has asked the judge to hand Sir Frederick a jail sentence.

She says Sir Frederick has breached orders after being told to pay her more than £100 million, following the breakdown of their 34-year marriage, and is in contempt of court.

Lady Barclay has told Sir Jonathan Cohen that Sir Frederick has the means to pay but is aiming to “string things out” until “one or other of us dies”.

Sir Frederick disputes her allegations.

The Barclay brothers were among the UK’s most high-profile businessmen.

Their business interests included Telegraph Media Group and The Ritz hotel in London.

Sir David and Sir Frederick Barclay after receiving their knighthoods
Sir David and Sir Frederick Barclay (Michael Stephens/PA)

Sir Frederick says he does have access to funds – and says the money is in trusts.

Lady Barclay says “loan notes” – which the judge was told by a lawyer representing Lady Barclay were worth £545 million – were a “means” at Sir Frederick’s disposal.

She also argues that he has an interest in Brecqhou.

“Brecqhou is freehold – he owns 50%,” she told the judge in Tuesday.

“I could get money from that.”

Lady Barclay added: “He has got no money? Right?”

She said Sir Frederick was “the boss” and told the judge: “He could provide money but will not.”

Lawyer Marcus Dearle, who is based at Miles Preston and represents Sir Frederick, told the judge in a written statement that “all steps” had been taken to raise money owed.

“In the light of his age and health, (Sir Frederick) has specifically instructed me and his personal adviser, Martin Clarke, to take on his behalf all necessary steps to raise the lump sums,” he said.

“As a result, Frederick’s direct involvement has been limited and he has not been engaged with much of the detail in these proceedings, but I can confirm that he has not interfered with or thwarted our efforts to raise the lump sums in any way.”

He said it had become clear there were “only two viable routes” to “try and raise the lump sums”.

Mr Dearle said Sir Frederick could try to sell his interest in the island of Brecqhou and/or attempt to redeem loan notes issued by two trusts.

“All steps have been taken to try and raise the lump sums and ensure Frederick’s compliance with the order,” he said.

“However, as the court will see, despite his best attempts, Frederick has not yet been able to raise the lump sums.

“Frederick is currently being financially supported entirely by his daughter Amanda, by way of a loan and payments by way of gifts.”

Sir Jonathan had earlier ruled that Sir Frederick should pay Lady Barclay sums totalling £100 million after overseeing their fight over money.

The judge criticised Sir Frederick, saying he had behaved in a “reprehensible” fashion.

He said the businessman had sold a luxury yacht and “applied the equity for his own use”, in breach of orders.

The judge said Lady Barclay had wanted £120 million and Sir Frederick had made an offer which might have led her to getting nothing.

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