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A-G v De Keyser's Royal Hotel Ltd
''Attorney-General v De Keyser’s Royal Hotel Limited'' is a leading case in English law decided by the House of Lords in 1920 which exhaustively considered the principles on which the courts decide whether statute has fettered prerogative power.〔''per'' Lord Justice Roskill, judgment in Court of Appeal in ''Laker Airway Ltd v Department of Trade'' (1976)〕 It decided that the royal prerogative does not entitle the Crown to take possession of a subject's land or buildings for administrative purposes connected with the defence of the realm without paying compensation. It is the authority for the statement that the royal prerogative is placed in abeyance (is not used) when statute law can provide a legal basis for an action.〔 ''Defence of the Realm – War – Exigencies of the Public Service – Crown – Royal Prerogative – Right of Crown to take Possession of Land and Buildings without Compensation – Defence Act, 1842 – Defence of the Realm Consolidation Act, 1914 and Regulations thereunder.''〕
==Facts==
The owner of a hotel situated in London claimed compensation under the Defence Act, 1842 for occupation by the armed forces when the country was at war. The government relied on prerogative power under which 'less compensation would be payable'.
De Keyser's was a 300-400 bedroom hotel on the Victoria Embankment, founded in the 1860s by Polydore de Keyser, that occupied the site of Bridewell Palace.〔De Keyser's Royal Hotel, Victoria Embankment, London, demolished for the erection of Unilever House, 1931 ()〕〔''The London Encyclopaedia'' by Christopher Hibbert, Ben Weinreb, Julia Keay, John Keay, 3rd Revised Edition (2010), p.183.〕 Officers of the Crown had taken possession of the hotel in 1916, purporting to act under statutory powers conferred by the Defence of the Realm Consolidation Act, 1914 (DORA). When challenged by the owner in petition of right proceedings, it was argued for the Crown that the competent military authority was empowered by the 1914 act and regulations to take possession of land and buildings while the subject had no legal right to compensation.
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