Summarise and critically appraise the decision in R. (Bancoult) v. Foreign Secretary (No. 2) [2008] UKHL 61; [2008] 3 W.L.R. 955.


  • Concerns the removal of the Chagos Islanders and the exercise of the Royal Prerogative.
  • Under a 1971 Order in Council, the Chagossians were forcibly removed and the island was leased to the United States for use as a military outpost.
  • Bancoult brought a judicial review claim for the initial ordinance which led to the Chagossian removal, claiming that it was ultra vires.
  • The Lords decided that a new Order in Council, which upheld that the Chagossians were not allowed to return home, was valid and although judicial review actions could look at Orders in Council, the national security and foreign relations issues in the case barred them from doing so.
  • The reaction to the decision was negative, as the majority Law Lords failed to do their jobs as members of the judiciary to rework things like outdated legal attitudes, as well as well as their violation of legitimate expectation. A further appeal and review of the case should be allowed on the basis of legitimate expectation, where the case was allowed at first instance before the new Order turned things around.

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