Burmah Oil Co. v Lord Advocate
Encyclopedia
Burmah Oil Company Ltd.
v Lord Advocate
,[ 1965] AC 75
, was a court case, raised in Scotland
, and decided ultimately in the House of Lords
. The case is an important decision in UK constitutional law and had unusual legal repercussions at the time.
This case concerned the destruction of oil field
s in Burma by British
forces during the Second World War. The sabotage was committed in order to prevent the plantations from falling into the hands of the advancing Japan
ese army.
The House of Lords held, by majority, that although the damage was lawful, it was the equivalent of requisitioning the property. Any act of requisition was done for the good of the public, at the expense of the individual proprietor, and for that reason, the proprietor should be compensated from public funds.
The result of the case was that the pursuers, Burmah Oil Company and others, should receive compensation for their destroyed plantations. In the end, the result was frustrated by the passing of a retrospective
Act of Parliament
, the War Damage Act 1965
, which retroactively exempts the Crown from liability in respect of damage to, or destruction of, property caused by acts lawfully done by the Crown during, or in contemplation of the outbreak of, a war in which it is engaged.
Burmah Oil Company Ltd.
The Burmah Oil Company was a leading British oil business which was once a constituent of the FTSE 100 Index.-History:The company was founded in Glasgow, Scotland in 1886 by David Sime Cargill to develop oil fields in the Indian subcontinent...
v Lord Advocate
Lord Advocate
Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
,
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
, was a court case, raised in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, and decided ultimately in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. The case is an important decision in UK constitutional law and had unusual legal repercussions at the time.
This case concerned the destruction of oil field
Oil field
An oil field is a region with an abundance of oil wells extracting petroleum from below ground. Because the oil reservoirs typically extend over a large area, possibly several hundred kilometres across, full exploitation entails multiple wells scattered across the area...
s in Burma by British
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
forces during the Second World War. The sabotage was committed in order to prevent the plantations from falling into the hands of the advancing Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese army.
The House of Lords held, by majority, that although the damage was lawful, it was the equivalent of requisitioning the property. Any act of requisition was done for the good of the public, at the expense of the individual proprietor, and for that reason, the proprietor should be compensated from public funds.
The result of the case was that the pursuers, Burmah Oil Company and others, should receive compensation for their destroyed plantations. In the end, the result was frustrated by the passing of a retrospective
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
, the War Damage Act 1965
War Damage Act 1965
The War Damage Act 1965 is an Act of United Kingdom Parliament which exempts the Crown from liability in respect of damage to, or destruction of, property caused by acts lawfully done by the Crown during, or in contemplation of the outbreak of, a war in which it is engaged. Enacted in the aftermath...
, which retroactively exempts the Crown from liability in respect of damage to, or destruction of, property caused by acts lawfully done by the Crown during, or in contemplation of the outbreak of, a war in which it is engaged.