Constitutional law – Act of State. The Supreme Court dismissed the claimant's appeal against a House of Lords Decision of 2008 in which that court had decided s 9 of the British Indian Ocean Territory (Constitution) Order 2004 (the 2004 Constitution Order) which decided not to resettle the inhabitants on a British Indian Overseas Territory Island was valid and would not be quashed. The fresh evidence on which the claimant had sought to rely would not have caused the Secretary of State to have reached any other conclusion.