Burmah Oil Company (Burma Trading) Ltd v Lord Advocate

JurisdictionUK Non-devolved
JudgeLord Reid,Viscount Radcliffe,Lord Hodson,Lord Pearce,Lord Upjohn
Judgment Date21 April 1964
Judgment citation (vLex)[1964] UKHL J0421-3
CourtHouse of Lords
Docket NumberNo. 10.
Date21 April 1964
Burmah Oil Company (Burma Trading) Limited
and
Lord Advocate, et e Contra
Burmah4 Oil Company (Burma Concessions) Limited
and
Lord Advocate, et e Contra
Burmah Oil Company (Overseas) Limited
and
Lord Advocate, et e Contra
Burmah Oil Company (Pipe Lines) Limited
and
Lord Advocate, et e Contra

[1964] UKHL J0421-3

Lord Reid

Viscount Radcliffe

Lord Hodson

Lord Pearce

Lord Upjohn

House of Lords

Upon Report from the Appellate Committee, to whom was referred the Cause Burmah Oil Company (Burma Trading) Limited against Lord Advocate, et é contra, that the Committee had heard Counsel, as well on Monday the 27th, Tuesday the 28th, Wednesday the 29th and Thursday the 30th, days of January last, as on Monday the 3d, Tuesday the 4th, Wednesday the 5th, Thursday the 6th, Monday the 10th and Tuesday the 11th, days of February last, upon the Petition and Appeal of The Burmah Oil Company (Burma Trading) Limited, having its registered office at 175 West George Street, Glasgow, praying. That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland, of the First Division of the 14th of March 1963, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Interlocutor, so far as aforesaid, might be reversed, varied or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the Petition and Cross Appeal of Her Majesty's Advocate, as acting on behalf of Her Majesty in terms of the Statute 20 and 21 Vict. cap. 44, praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland of the First Division of the 14th of March 1963, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Interlocutor, so far as aforesaid, might be reversed, varied or altered, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the Case of Her Majesty's Advocate; and also upon the Case of The Burmah Oil Company (Burma Trading) Limited, lodged in the said Original and Cross Appeals; and due consideration had this day of what was offered on either side in these Appeals:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of Her Majesty the Queen assembled, That the said Interlocutor of the 14th day of March 1963, complained of in the Original Appeal, be, and the same is hereby, Recalled so far as regards the words "Allow the said Motion and Recall the said Interlocutor;" and the words "Sustain the third plea-in-law for the defender, Dismiss the action and decern: Find the pursuers liable to the defender in expenses both in the Outer House and in respect of the motion for review: remit the Account thereof when lodged to the Auditor of Court to tax and report.": And it is further Ordered, That the Interlocutor of the Lord Ordinary (Lord Kilbrandon), of the 14th day of August 1962, thereby Recalled, be, and the same is hereby, Restored save in so far as it sustained the first plea-in-law for the pursuers: And it is further Ordered, That the said Cause be, and the same is hereby, remitted back to the Court of Session in Scotland for proof before answer: And it is further Ordered, That the Respondent in the Original Appeal do pay, or cause to be paid, to the said Appellants in the Original Appeal the Expenses incurred by them in the Court of Session since the 14th day of August 1962, and also the Costs incurred by them in respect of the said Appeal to this House, the amount of such last-mentioned Costs to be certified by the Clerk of the Parliaments: And it is further Ordered. That the Interlocutor of the Lords of Session in Scotland, of the First Division of the 14th day of March 1963, be, and the same is hereby, Affirmed so far as regards the words "of new Sustain the fourth plea-in-law for the pursuers and Repel the first plea-in-law for the defender:", and that the said Petition and Cross Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellant in the Cross Appeal do pay, or cause to be paid, to the Respondents in the Cross Appeal, the Costs incurred by them in respect of the said Cross Appeal to this House, the amount thereof to be certified by the Clerk of the Parliaments: And it is also further Ordered, That unless he Costs, certified as aforesaid, shall be paid to the party entitled to the same within one calendar month from the date of the certificate thereof, the Court of Session in Scotland, or the Judge acting as Vacation Judge, shall issue such summary process or diligence for the recovery of such Costs as shall be lawful and necessary.

Upon Report from the Appellate Committee, to whom was referred the Cause Burmah Oil Company (Burma Concessions) Limited against Lord Advocate, et è contra, that the Committee had heard Counsel, as well on Monday the 27th, Tuesday the 28th, Wednesday the 29th and Thursday the 30th, days of January last, as on Monday the 3d, Tuesday the 4th, Wednesday the 5th, Thursday the 6th, Monday the 10th and Tuesday the 11th, days of February last, upon the Petition and Appeal of The Burmah Oil Company (Burma Concessions) Limited, having its registered office at 175 West George Street, Glasgow, praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland, of the First Division of the 14th of March 1963, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Interlocutor, so far as aforesaid, might be reversed, varied or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the Petition and Cross Appeal of Her Majesty's Advocate, as acting on behalf of Her Majesty in terms of the Statute 20 and 21 Vict. cap. 44, praying, That the matter of the Interlocutor set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland of the First Division of the 14th of March 1963, so far as therein stated to be appealed against, might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Interlocutor, so far as aforesaid, might be reversed, varied or altered, or that the Petitioner might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the Case of Her Majesty's Advocate; and also upon the Case of The Burmah Oil Company (Burma Concessions) Limited, lodged in the said Original and Cross Appeals; and due consideration had this day of what was offered on either side in these Appeals:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of Her Majesty the Queen assembled, That the said Interlocutor of the 14th day of March 1963, complained of in the Original Appeal, be, and the same is hereby, Recalled so far as regards the words "Allow the said Motion and Recall the said Interlocutor;" and the words "Sustain the third plea-in-law for the defender, Dismiss the action and decern: Find the pursuers liable to the defender in expenses both in the Outer House and in respect of the motion for review: remit the Account thereof when lodged to the Auditor of Court to tax and report.": And it is further Ordered, That the Interlocutor of the Lord Ordinary (Lord Kilbrandon), of the 14th day of August 1962, thereby Recalled, be, and the same is hereby, Restored save in so far as it sustained the first plea-in-law for the pursuers: And it is further Ordered, That the said Cause be, and the same is hereby, remitted back to the Court of Session in Scotland for proof before answer: And it is further Ordered, That the Respondent in the Original Appeal do pay, or cause to be paid, to the said Appellants in the Original Appeal the Expenses incurred by them in the Court of Session since the 14th day of August 1962, and also the Costs incurred by them in respect of the said Appeal to this House, the amount of such last-mentioned Costs to be certified by the Clerk of the Parliaments: And it is further Ordered, That the Interlocutor of the Lords of Session in Scotland, of the First Division of the 14th day of March 1963, be, and the same is hereby, Affirmed so far as regards the words "of new Sustain the fourth plea-in-law for the pursuers and Repel the first plea-in-law for the defender:", and that the said Petition and Cross Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellant in the Cross Appeal do pay, or cause to be paid, to the Respondents in the Cross Appeal, the Costs incurred by them in respect of the said Cross Appeal to this House, the amount thereof to be certified by the Clerk of the Parliaments: And it is also further Ordered, That unless the Costs, certified as aforesaid, shall be paid to the party entitled to the same within one calendar month from the date of the certificate thereof, the Court of Session in Scotland, or the Judge acting as Vacation Judge, shall issue such summary process or diligence for the recovery of such Costs as shall be lawful and necessary.

Upon Report from the Appellate Committee, to whom was referred the Cause Burmah Oil Company (Overseas) Limited against Lord Advocate, et è contra, that the Committee had heard Counsel, as well on Monday the 27th, Tuesday the 28th, Wednesday the 29th and Thursday the 30th, days of January last, as on Monday the 3d,...

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