Government banned from signing Chagos Islands deal after High Court injunction
22 May 2025, 08:08 | Updated: 22 May 2025, 08:49
The Government has been temporarily banned from concluding its controversial deal to hand over the Chagos Islands to Mauritius, after a High Court judge granted an emergency injunction in the early hours of Thursday morning.
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The deal – which Sir Keir Starmer was expected to sign off today – would have seen the UK give up sovereignty over the British Indian Ocean Territory in favour of Mauritius, following international legal rulings backing the Mauritian claim.
The Prime Minister had been due to take part in a virtual signing ceremony with Mauritian representatives, with the agreement paving the way for Britain to lease back the key military base on Diego Garcia for 99 years.
The base is jointly operated with the United States and plays a central role in Western defence strategy across the Indian Ocean.
However, the late-night court decision has temporarily halted those plans. In the injunction granted at 2.25am on Thursday, brought against the Foreign, Commonwealth and Development Office, Mr Justice Goose granted "interim relief" to Bertrice Pompe, who had previously taken steps to bring legal action over the deal.
The Government said the Chagos Islands deal is the "right thing" for the UK after a court injunction temporarily blocked the agreement from being concluded.
A Government spokesperson said: "We do not comment on ongoing legal cases. This deal is the right thing to protect the British people and our national security."
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Mr Justice Goose said in his order: "The defendant shall take no conclusive or legally binding step to conclude its negotiations concerning the possible transfer of the British Indian Ocean Territory, also known as the Chagos Archipelago, to a foreign government or bind itself as to the particular terms of any such transfer."
The Government has maintained that it must comply with international legal obligations, but the proposed handover has drawn criticism from political opponents and security experts.
Some fear that the move could embolden China’s growing influence in the region.
Despite the backlash, ministers have argued that the UK’s strategic position is protected by provisions within the deal, which are believed to include a 40-year extension to the base lease.
MPs were expected to be briefed on the details in the Commons following the signing.
This week, Defence Secretary John Healey told Parliament that the military presence on Diego Garcia was “essential to our security,” adding: “We’ve had to act, as the previous government started to do, to deal with that jeopardy. We're completing those arrangements and will report to the House when we can.”
The Conservatives – who initiated negotiations on the handover while in power – have nevertheless criticised Labour’s handling of the final stages. Reports in recent weeks suggested that the deal had stalled amid mounting political pressure, with The Times describing it as "toxic."
A hearing is now expected to take place on Thursday morning at 1030.
