Attorney-General v De Keyser's Royal Hotel Ltd

Facts

In the First World War the Crown took over a hotel for military use and refused to pay compensation as of right, relying on the prerogative.

Issue

Could the Crown rely on the prerogative where a statute covered the same ground and provided compensation?

Held

No. Where a statute covers the same field, the prerogative is displaced, and the owner was entitled to compensation under the statute.

Principle

Statute displaces the prerogative in the same field.

Why it matters

Relevant to compulsory acquisition and compensation under section 21.

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