Burmah Oil Co v Lord Advocate [1965]

Facts

  • The claimant’s oil fields were destroyed by British Troops during the WWII to prevent them falling into Japanese hands

Issue

  • Could the UK government be liable to compensate the claimant

Decision

  • Yes

Reasoning

  • Although the damage was lawful during war, it was classed as the requisitioning of the claimant’s property, therefore compensation should be paid
  • Very quickly after this case, Parliament legislated with retrospective effect in the War Damage Act 1965 to prevent any other similar claims. We would generally consider this to undermine the rule of law
RELATED CASE  Sekfali v DPP [2006]

Posted in Public Law Revision Notes.

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