“Crown liable to compensate for property destroyed under wartime prerogative powers.”
During WWII, British forces destroyed Burmah Oil's installations in Burma to prevent them falling into Japanese hands. The company sought compensation for the destruction carried out under prerogative powers.
Whether the Crown is liable to pay compensation when it destroys private property under prerogative powers in time of war.
The House of Lords held by majority that the Crown was liable to pay compensation for property destroyed under prerogative powers during wartime operations.
This case establishes important constitutional limits on prerogative powers over property rights. It demonstrates judicial willingness to impose compensation obligations on executive action, though Parliament later reversed this decision by statute.
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OSCOLA Citation
Burmah Oil v Lord Advocate [1965] AC 75 (HL)
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