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LIT-1832: Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Office

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StatusUnfetched — searched 2026-10-29 for a lawful full text; one exists but this client could not fetch it, so it is not read and no NOTE is filed. BAILII publishes the judgment free at https://www.bailii.org/ew/cases/EWHC/Admin/2000/413.html, the address Human Rights Watch cites (LIT-1593); on 2026-10-29 it returned a proof-of-work bot check (Anubis, "Making sure you're not a bot!") to curl and HTTP 403 to WebFetch, so the failure is on access, not availability. The National Archives' Find Case Law has no copy (404 at caselaw.nationalarchives.gov.uk/ewhc/admin/2000/413); the ICLR report ([2001] QB 1067) is paywalled; no other free copy was found by web search. The Court of Appeal's judgment of 2007 ([2007] EWCA Civ 498, on Find Case Law) quotes this judgment's §§42, 55 and 57 but none of the archival documents. A browser fetch of the BAILII page is the cheapest way to read it. It stays Unfetched until a copy is supplied.
Tagssociety-and-governance

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High Court of England and Wales, Queen’s Bench Division, Divisional Court (Laws LJ and Gibbs J). R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2000] EWHC 413 (Admin), [2001] QB 1067, judgment of 3 November 2000 (Bancoult No 1).

Not read: the BAILII copy could not be fetched (Unfetched, 2026-10-29).

Why this is here

The triage of 2026-10-29 put it in the File tier for CASE-169 and CLAIM-115. CASE-169’s “classification that changes its referent”, the islands described as having no permanent population and then made to have none, is documented in the record only by Human Rights Watch (LIT-1593, NOTE-1365), which quotes the UK files “as quoted in UK judgments”, most of them through this one. Reading it would put those quotations at first remove from the court, if not from the files. The triage called it borderline, since the report already documents the point.

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