Source: All England Reporter
Publisher Citation: [2018] All ER (D) 49 (Feb)
Neutral Citation: [2018] UKSC 3
Court: Supreme Court

Lord Neuberger, Lady Hale, Lord Mance, Lord Kerr, Lord Clarke, Lord Sumption and Lord Reed SCJJ

Representation Nigel Pleming QC, Richard Wald, Stephen Kosmin and Professor Robert McCorquodale (instructed by Clifford Chance LLP) for the appellant.
  Steven Kovats QC, Professor Malcolm Shaw QC and Penelope Nevill (instructed by the Government Legal Department) for the Secretary of State.
Judgment Dates: 8 February 2018


Environment - Protection - Marine reserve

The Case

Environment Protection. In 2010, the respondent Secretary of State for Foreign and Commonwealth Affairs had established a 'no take' marine protected area in the British Indian Overseas Territory, which had brought to an end all commercial fishing, including that carried on by Chagossians as owners and crew of Mauritian registered fishing vessels.The appellant, the chair of the Chagos Refugees Group, had appealed against the decision by the Court of Appeal, Civil Division, that, among other things, the Secretary of State's decision had not been motivated by the improper purpose of preventing future resettlement of the islands. In dismissing the appellant's appeal, the Supreme Court held that there was no basis on which it would be justified in reaching a different conclusion to that reached by the Court of Appeal.

If you are a LexisLibrary subscriber you can read more about this case here.