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Case file s1107 · Oil and natural resources · 1942
1942
Map of United Kingdom, marked on the globe
Map of United Kingdom. Rob. CC BY-SA 3.0, Wikimedia Commons.
Died
no death; installations destroyed 1942, War Damage Act 2 June 1965
Place
Burma (Myanmar), and London, UK · United Kingdom
Field
oil, Burmah Oil Company · Business and finance on the timeline
Legal tradition
Crown prerogative in war; retrospective statute (War Damage Act 1965) · Royal and church law
Historical event
The Japanese invasion of Burma, 1942

Britain blew up Burmah Oil's installations in 1942, the House of Lords ruled the Crown must pay, and Parliament passed a law backdated to cancel the debt

In 1942, during the Japanese invasion of Burma, British forces destroyed the Burmah Oil Company's oil installations in Burma so that the advancing Japanese army could not use them. After the war the company sued the government in Scotland, through the Lord Advocate, for compensation. Lord Kilbrandon in the Court of Session found for the company. The Inner House reversed him unanimously. On 21 April 1964 the House of Lords ruled 3 to 2 for the company. The destruction was a lawful use of the royal prerogative, the majority said, but it was the same as requisitioning property, so the owner had to be paid from public funds. Viscount Radcliffe and Lord Hodson dissented. Parliament then passed the War Damage Act 1965. Section 1 says no person is entitled at common law to compensation from the Crown for damage done lawfully in war, "whether before or after the passing of this Act." It ordered courts to dismiss any pending case on the application of any party. The company's judgment was cancelled. The Lords' statements on the limits of the royal prerogative are still cited; the Supreme Court relied on them in the Miller Brexit case in 2017.

What the law took from it

A court judgment for compensation can be erased by a later statute that reaches back in time.

Sources
  1. legislation.gov.ukCourt record
  2. lawteacher.netPress
  3. Wikipedia (English)Encyclopedia

Cite as: celebrity.estate, “Britain blew up Burmah Oil's installations in 1942, the House of Lords ruled the Crown must pay, and Parliament passed a law backdated to cancel the debt,” story s1107, https://www.celebrity.estate/burmah-oil-1942, updated 30 October 2026.

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