The case is an important decision in British constitutional law and had unusual legal repercussions at the time.

Burmah Oil brought an action against the UK government, represented by the Lord Advocate.

In the Outer House of the Court of Session, Lord Kilbrandon found in favour of Burmah Oil.

The Crown appealed, and the First Division of the Inner House of the Court of Session unanimously reversed the decision below.

In the end, the result was frustrated by the passing of a retroactive Act of Parliament, the War Damage Act 1965, which retroactively 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.