Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner: QBD 9 Oct 2003

The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a new tort of unlawful exile, derived from Magna Carta.
Held: Whatever the difficulties in law, some Chagossians had been treated shamefully over many years. Nevertheless the evidence was from a generally illiterate people, and lacked consistency. There was a power if necessary to take over private property for the purposes of defence interests. On the claims of misfeasance and deceit, no individual officers had been identified as having acted with malice, and those claims had no prospects. The alleged tort of wrongful exile was really an allegation of maladministration. The claim was struck out as an abuse of process.
The Honourable Mr Justice Ouseley
[2003] EWHC 2222 (QB), Times 10-Oct-2003, [2003] All ER (D) 166
Magna Carta
England and Wales
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Application for leave to appealChagos Islanders v Attorney-General and Another CA 22-Jul-2004
The claimants sought leave to appeal against a finding that they had no cause of action for their expulsion from their islands.
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Cited by:
Leave to appeal fromChagos Islanders v Attorney-General and Another CA 22-Jul-2004
The claimants sought leave to appeal against a finding that they had no cause of action for their expulsion from their islands.
Held: ‘Exile without colour of law is forbidden by Magna Carta. That it can amount to a public law wrong is already . .
See AlsoBancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs Admn 11-Jun-2013
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his . .
CitedBancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) SC 29-Jun-2016
Undisclosed Matter inadequate to revisit decision
The claimant sought to have set aside a decision of the House of Lords as to the validity of the 2004 Order, saying that it had been based on a failure by the defendant properly to disclose matters it was under a duty of candour to disclose.
See AlsoBancoult, Regina (on The Application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs SC 8-Feb-2018
Diplomatic Protection Lost to Public Domain
The claimant challenged the use of a Marine Protected Area Order to exclude the Chagossians from their homelands on their British Indian Overseas Territory. They had sought to have admitted and used in cross examination of witnesses leaked . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.186638