They had refused permission for a personal interview and for entry to the island, but the reporter, John Sweeney, went there by dinghy and wandered around before being shipped back to Sark.Mark Shaw, for the BCC, had told the judge: "No doubt there was an invasion. The judge said the argument over the right to privacy in English law and its lack of conformity with the European Convention on Human Rights "will doubtless not end here". If successful, their action could have had a devastating effect on television documentary-making. They lodged an immediate protest with the Broadcasting Complaints Commission (BCC) after the reporter's incursion but were told nothing could be done until after any programme was broadcast.The 61-year-old brothers applied to the High Court for a judicial review of the BCC's interpretation of the part of the Broadcasting Act that governs its powers.But Mr Justice Sedley ruled that the law "at present places no general constraints upon invasions of privacy as such".He said that the Act "unambiguously limits the power of the BCC to adjudication upon complaints of infringement of privacy against the BBC arising out of programmes which have been broadcast".Under the statute governing the BCC's powers, and generally in English law, "the individual is without an effective remedy before a national authority if the right to respect for his or her private and family life is violated". The brothers, said to be worth around pounds 600m, took the action after a BBC2 television reporter landed on the Channel island of Brecqhou, on which they had spent millions buying and building a Gothic castle there. The secretive businessmen David Barclay and his twin brother Frederick yesterday lost a High Court challenge to the law as it relates to privacy. It can be bought over the counter in chemists' for head lice and is a garden pesticide.

Dr Jamal said the warnings in the leaflet which accompanies the head lice product were inadequate.Dimethyl phosphorothionate, otherwise known as fenitrothion, and azamethiphos are spray insecticides - the latter for killing flies in livestock houses, and Diazinon for use in sheep-dips.. Malathion, which the Ministry of Defence had already admitted taking to the Gulf, is regarded as one of the safest OPs. Dr Jamal said: ``There is evidence of physical damage to the nerves in the limbs.'' Furthermore, victims seem to suffer some memory loss, harm to their sense of balance, depression, fatigue and a change of personality which makes them prone to rages.All the pesticides listed by the Government are licensed for use in Britain following toxicity testing on animals.But they should only be used in strict accordance with safety rules, including the use of protective clothing, and there is evidence that both American and British troops failed to do that in the Gulf when the pesticides were sprayed. First there are flu-like symptoms of lethargy and dizziness, followed by a weakening of the muscles around the hips and shoulders after three days."Less is known about the more severe long-term effects,believed to result from repeated exposure. There is growing concern about their long term impacts on human health and the damage they do to nervous systems.