The judgment of the High Court in relation to judicial review proceedings instigated by Mr Louis Olivier Bancoult, challenging the decision to establish the strictly 'no-take' Marine Protected Area (MPA) in the British Indian Ocean Territory (BIOT) in April 2010, has found in favour of the Secretary of State on all counts.
Read the full text of the judgment delivered on 11 June 2013.
The case was brought by Mr. Bancoult, who claimed that the MPA decision was flawed on various grounds, namely: improper motive i.e. an intention to prevent Chagossians from resettling in the Chagos; failure to disclose relevant information during the initial consultation process, particularly that the FCO's consultants had advised that resettlement was feasible, that the MPA would adversely affect traditional Chagossian fishing rights, and relevant environmental information; and breach of European Treaty provisions.
The case was heard in April 2013 and the judgment delivered in June 2013. The High Court (Lord Justice Richards and Mr Justice Mitting), found in favour of the Secretary of State and against the claimant (Mr. Bancoult) on all counts and dismissed the case accordingly.