Chagos Islanders v Attorney Generall & Anor

Chagos Islanders v Attorney Generall & Anor

The claims are barred for those who signed renunciation forms; the state is not directly liable in tort for the acts alleged; there is no sustainable cause of action in misfeasance, trespass, or deceit on the facts; any arguable claims are time-barred by limitation statutes, and no sufficient case is made for unconscionability, disability, or concealment to extend time.

Parties
Applicant/claimant: Chagos Islanders; Respondent/defendant: The Attorney General; Respondent/defendant: Her Majesty’s British Indian Ocean Territory Commissioner
Jurisdiction
England and Wales
Judgment Date
22 July 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Decision Striking Out Claim
Outcome
Application for permission to appeal dismissed
Legal Topics
State Liability, Misfeasance in Public Office, Trespass to the Person, Deceit, Limitation of Actions, Renunciation of Claims, Compensation for Displacement
Constitutional Law Tort Law Public Law Human Rights State Liability Misfeasance in Public Office Trespass to the Person Deceit +3 more

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Parties

Chagos Islanders

Applicant/claimant

The Attorney General

Respondent/defendant

Her Majesty’s British Indian Ocean Territory Commissioner

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Decision Striking Out Claim

Legal Issues

  1. 1 Whether claimants are barred by renunciation forms from pursuing claims
  2. 2 Whether the state is liable in tort for enforced removal/exile
  3. 3 Whether claims in misfeasance in public office, trespass, and deceit are sustainable

Ratio Decidendi

The claims are barred for those who signed renunciation forms; the state is not directly liable in tort for the acts alleged; there is no sustainable cause of action in misfeasance, trespass, or deceit on the facts; any arguable claims are time-barred by limitation statutes, and no sufficient case is made for unconscionability, disability, or concealment to extend time.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused
  • No further claims may proceed against the respondents in this action