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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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