In the High Court of Judicature.
COURT OF APPEAL.
349
ROYAL COURTS OF JUSTICE,
1
Wednesday, 9th April 1919,
BEFORE
THE MASTER OF THE ROLLS
(Sir Charles Swinfen Eady),
LORD JUSTICE WARRINGTON,
and
LORD JUSTICE DUKE.
IN THE MATTER OF A PETITION OF RIGHT BY DE KEYSER'S ROYAL HOTEL, LIMITED.
(From the Shorthand Notes of Messrs. Walsh and Sone,
4, New Court, Lincoln's Inn, IP.C.2.)
JUDGMENT.
THE MASTER OF THE ROLLS: The Suppliants are De Keyser's Royal Hotel, Limited, and they appeal from the Judgment of Mr. Justice Peterson, dismissing their Petition of Right.
The case raises a question of great public importance, namely, whether the Crown is entitled as of right to use and occupy any lands, buildings, and premises of subjects, required for administrative purposes in connection with the Defence of the Realm for an indefinite period, without any obliga. tion to make any compensation for such use and occupation.
The Suppliants insist that although it may have been necessary for the organisation and administration of a force required for the safety and security of the Realm that the Government should occupy their premises, there is not, and never was, any necessity for the safety of the Realm to refuse to pay for the same, and the Suppliants further insist that the Government are bound by Statute to pay.
The Suppliants are the owners for a term of years of certain lands, buildings, and hereditaments situate on the Thames Embankment, near Blackfriars Bridge, in the City of London, known as "De Keyser's Royal Hotel." The Company created and issued debenture stock, and by an order of the Chancery Division made on the 25th June 1915 Mr. Arthur Francis
o (38)7964 G 179 20 419 E&S
A