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19 July 2007 / Stephen Allen
Issue: 7282 / Categories: Features
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Paradise found?

Stephen Allen considers the government’s responsibilities to the Chagossian people

The latest decision in the Chagossian people’s struggle to secure the right of abode in the Chagos Archipelago is R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2007] EWCA Civ 498, [2007] All ER (D) 399 (May). The archipelago was incorporated into the British Indian Ocean Territory (BIOT) in 1965 and the entire population was exiled to make way for the construction of a US military base on the island of Diego Garcia. R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2000] EWHC 413 (Admin), [2000] All ER (D) 1675 (Bancoult 1) held that the BIOT Immigration Ordinance 1971, which denied the Chagossian right of abode, was unlawful because it did not provide for the territory’s “peace, order and good government” as mandated by the BIOT Order 1965 (SI 1965/1920), s 11. The UK government accepted the decision.

However, in 2004, the government enacted the Constitutional and Immigration Orders, which sought to override

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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