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A dramatic late-night intervention by a senior judge has thrown Keir Starmer’s contentious plan to hand over the Chagos Islands to Mauritius into disarray.
The treaty, due to be signed today, would transfer sovereignty of the islands to Mauritius following months of tense negotiations, particularly around the fate of the UK/US military base on Diego Garcia.
However, a last-minute legal challenge from a Chagossian woman led High Court judge Sir Julian Goose to issue an emergency injunction at 3am, temporarily halting the agreement after hours of legal arguments.
The challenge was brought by Bertrice Pompe, who claimed the proposed deal would inflict irreversible harm and breach core legal and human rights standards.
Pompe, born on Diego Garcia and exiled as an infant, grew up in the Seychelles and now resides in London. A British citizen, she—like many other Chagossians from the Seychelles and other regions—argues that the agreement offers her nothing unless she takes Mauritian citizenship.
A new court hearing is scheduled for 10:30am today following the five-hour legal session overnight.
It is believed this could mark the first instance in legal history where a judge has intervened to delay the signing of an international treaty.
The UK government has maintained that a ruling by the International Court of Justice (ICJ), which concluded that the Chagos Islands rightfully belong to Mauritius, left it with no choice but to negotiate a handover.
Under the still-unpublished agreement, the UK would transfer sovereignty to Mauritius while securing a 99-year lease on the Diego Garcia military base—reportedly in exchange for billions. The final hurdle to signing was removed when former U.S. President Donald Trump approved the deal.
Despite this, critics argue the treaty could weaken Western security interests in the Indian Ocean and open the door to Chinese influence in the region.
The legal challenge, however, has centred on the plight of the Chagossian people, who were forcibly removed from Diego Garcia. Although the UK has negotiated a right of return to the outer islands, many Chagossians fear the agreement fails to guarantee their rights and future.
The legal case was brought forward by Bertrice Pompe, a Chagossian forcibly exiled as a baby, with legal representation by Philip Rule KC, supported by Michael Polak and instructed by Stuart Luke of Luke and Bridger Law. The government was represented by William Irwin and John Bethell.
The case was initiated by the Great British PAC, an organisation established to legally challenge the actions of the Starmer administration.
Responding to the injunction, former minister Robert Jenrick criticised the deal, calling it a "bad deal" on Sky News.
“It’s a betrayal of British interests,” said the shadow justice secretary. “We’re watching British sovereign land handed over to a country closely aligned with China, while billions in UK taxpayer money are spent for that outcome.
“Keir Starmer pushed ahead based on his interpretation of international law, choosing to prioritise a non-binding ruling by a foreign court over the core national security interests of the British people.
“If this legal challenge makes the government reconsider, then more power to them.”
In response, a government spokesperson defended the agreement: “We do not comment on ongoing legal proceedings. However, we believe this deal is in the UK’s best interests and serves to protect our national security and the British people.”
