Hoareau & Bancoult v Secretary of State for Foreign & Commonwealth Affairs

The decision by the UK Government on 16 November 2016 not to permit resettlement of the Chagos Archipelago is being challenged by two groups of Chagossians, the Chagos Refugees Group (CRG) in Mauritius and the UK, and the Chagos Committee Seychelles (CCS).

Olivier Bancoult (CRG) was represented by solicitors Clifford Chance LLP and counsel Edward Fitzgerald QC, and Paul Harris SC of Doughty Street Chambers. Leading counsel changed in the Court of Appeal to Phillippa Kaufman QC when Edward Fitzgerald QC had to withdraw due to his involvement in the Assange extradition hearing which clashed with this case.

Ms Solange Hoareau (CCS) is represented by solicitors Leigh Day and counsel Ben Jaffey QC, Blackstone Chambers, and Admas Habteslasie both of Landmark Chambers.

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The case was heard in the High Court of Justice, London 10 - 14 December 2018 and Judgement was given on 8 February 2019 dismissing the claims: see High Court Judgment

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The Court of Appeal heard an appeal between 12-15 May 2020. Judgment was given on 30 July 2020: see Appeal Court Judgment . The court rejected all grounds of appeal put forward by counsel for Hoareau and Bancoult.

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Legal aid has been granted for both Hoareau and Bancoult to submit their applications for leave to appeal direct to the UK Supreme Court in mid-December 2020.

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In December 2021 the Supreme Court refused leave to appeal. It is understood that both Hoareau and Bancoult will be separately pursuing this in the European Court of Human Rights and will be submitting their respective pleadings before June 2022