At an urgent hearing on 22 May 2025, Mr Justice Chamberlain discharged an interim relief order, which had been granted by Mr Justice Goose in the early hours of the morning. The order prevented the UK Government from signing an international agreement with the Government of Mauritius regarding future sovereignty over the British Indian Ocean Territory / the Chagos Islands. Treaty signing and an exchange of diplomatic notes had been scheduled for 09:00 UK time.
The order of Goose J was made in support of a proposed judicial review of matters relating to the agreement.
Chamberlain J discharged the order and ordered no further interim relief. Chamberlain J did so on three grounds: (i) arguability (reflecting the Government’s submissions on the non-justiciability of treaty making, its broad discretion in the conduct of international relations and the absence of any requirement to consult); (ii) the delay in issuing judicial review proceedings and seeking relief; and (iii) the prejudice to the UK’s international interest, explained in a witness statement provided overnight by a senior official at the Foreign Office, which was a strong public interest.
The treaty was signed by the Prime Ministers and Foreign Ministers of the UK and Mauritius, shortly after the hearing.
The Chagos Islands agreement and the injunction proceedings have been widely reported by the BBC and other media organisations.
John Bethell was instructed out of hours by the Government Legal Department and appeared at the hearing with Sir James Eadie KC and William Irwin.
