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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Thomson Hayton Winkley—Nina Hood

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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