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 of the prominent case Burmah Oil Co. v Lord Advocate, it is a rare piece of British legislation with retroactive effect.

War Damage Act 1965
Long titleAn Act to abolish rights at common law to compensation in respect of damage to, or destruction of, property effected by, or on the authority of, the Crown during, or in contemplation of the outbreak of, war.
Citation1965 c. 18
Introduced byNiall MacDermot
Territorial extentUnited Kingdom
Dates
Royal assent2 June 1965
Commencement2 June 1965
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

Ordinances

The first clause of the War Damage Act 1965:[1]

Abolition of rights at common law to compensation for certain damage to, or, destruction of, property.
No person shall be entitled at common law to receive from the Crown compensation in respect of damage to, or destruction of, property caused (whether before or after the passing of this Act, within or outside the United Kingdom) by acts lawfully done by, or on the authority of, the Crown during, or in contemplation of the outbreak of, a war in which the Sovereign was, or is, engaged.

A second clause was repealed in 1995. It read:[1]

Where any proceedings to recover at common law compensation in respect of such damage or destruction have been instituted before the passing of this Act, the court shall, on the application of any party, forthwith set aside or dismiss the proceedings, subject only to the determination of any question arising as to costs or expenses.

References
  1. "War Damage Act 1965". www.legislation.gov.uk. Archived from the original on 2018-06-12. Retrieved 2018-09-18.


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