Burmah Oil Company Ltd. v. Lord Advocate
United Kingdom House of Lords
House of Lords 1964
Facts
Burmah Oil Company and three other oil companies (the oil companies) (plaintiffs) owned oil wells, pipe lines, refineries, and the associated operations in Burma (the oil operations). On February 3, 1942, the British government (defendant) ordered the destruction of the oil operations to prevent their use by the invading Japanese military during the war. An expert from the British government was sent to oversee the destruction of the oil operations that took place over the next few weeks. Destruction of the oil operations was not intended to secure the area, and shortly after the operations were destroyed, the Japanese captured it. The oil companies later filed suit against the British government seeking declarations that they were owed money for the damages and asking for a determination of the amount of damages that was owed to each company. The Lord Ordinary allowed the case to proceed, but on appeal the first division reversed and dismissed the case. The oil companies appealed to the House of Lords.
Rule of Law
Issue
Holding and Reasoning (Lord Reid, J.)
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