This case document summarizes the facts and decision in Bocardo SA v Star Energy Weald Basin Ltd [2010] UKSC 35, Supreme Court. The deepest terminated at some 2,900 feet below ground level. A trespass occurs when there is an unjustified intrusion by one party upon land which is in the possession of another Star Energy had license to get petrol from under P's land, its wells entered the substrata of P's land below 2800 ft - P was unaware Module. The owner of the subsurface was entitled to say that his land was being interfered with when it was bored into by someone else. user on your corporate account. S had a licence to search for, bore for and get petroleum. S cross-appealed on the issue of trespass.S had a licence to search for, bore for and get petroleum. The deepest terminated at some 2,900 feet below ground level. The owner of the surface of land was the owner of the strata beneath it, including the minerals that were to be found there, unless there had been an alienation of them by a conveyance, at common law or by statute to someone else. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Ordinary compulsory purchase principles applied to the assessment of compensation under the Mines (Working Facilities and Support) Act 1966 s.8(2). DIRECTIONAL DRILLING AS TRESPASS Bocardo, a land owner, sued Star Energy, an oil company, for trespass for three wells made under its land by directional drilling. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. In the context of a statute which was concerned with the right to search for, bore for and get petroleum existing in its natural condition in strata below ground, the words "enter on" were apt to apply to underground workings as well as workings on the surface itself. Further, they operated to deny B what would otherwise be regarded as the powerful bargaining position of a landowner able to control access to a valuable oilfield partially sited beneath its land.Appeal dismissed, cross-appeal dismissed, Lord Hope, Lord Walker, Lord Brown, Lord Collins, Lord Clarke, LTL 28/7/2010 : [2011] 1 AC 380 : [2010] 3 WLR 654 : [2010] 3 All ER 975 : [2011] BLR 13 : [2010] 3 EGLR 145 : [2010] RVR 339 : [2010] 31 EG 63 (CS) : [2010] NPC 88 : Times, July 29, 2010, Barristers at Maitland Chambers are regulated by the Bar Standards Board, The appellant landowner (B) appealed against the quantum of damages awarded to it following a decision (. ) They entered the substrata below land owned by B at substantial depths beneath the surface. The post To what extent can it be said that the decisions in Bocardo v Star Energy 2010 UKSC 35 and Elitestone v Morris 1997 IWLR 687 were accurate interpretations of the common law definitions of land. To what extent can it be said that the decisions in Bocardo v Star Energy 2010 UKSC 35 and Elitestone v Morris 1997 IWLR 687 were accurate interpretations of the common law definitions of land. EBSCOhost serves thousands of libraries with premium essays, articles and other content including Bocardo SA v Star Energy UK Onshore Ltd and another. Appellant … There had obviously to be some stopping point, as one reached the point at which physical features such as pressure and temperature rendered the concept of the strata belonging to anybody so absurd as to be not worth arguing about. Bocardo SA v. Star Energy UK Onshore Ltd [2010] 1 A.C 380. appeared first on Essay Hotline. Ibid. The principles, including the principle established in Pointe Gourde Quarrying & Transport Co v Sub-Intendent of Crown Lands [1947] A.C. 565, ordinarily governing the approach to valuation in the field of compulsory land purchase applied equally to the construction and application of s.8(2) of the 1966 Act in respect of the compulsory acquisition of ancillary rights over or under land, Pointe Gourde applied. Elwes v Brigg Gas Company (1886) 33 Ch.D. Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35 is a UK enterprise law case, concerning oil and gas. Star Energy appealed to the Court of Appeal. How have these cases lead to further developments in … Number 8860726. See also Bocardo v Star Energy which held that "as the owner of paper title to the strata the claimant had the prima facie right to possession of them and, in the absence of evidence to the contrary, was deemed to be in actual possession" (at 381 E). They entered the substrata below land owned by B at substantial depths beneath the surface. University College Cork. (3) (Per Lord Hope) S had no defence to the claim in trespass. The words "interfere with" were not restricted to interfering with the owner's use and enjoyment of the land for the time being. 438. Type Legal Case Document. All … … Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Add to My Bookmarks Export citation. Case: Star Energy Weald Basin Ltd & anor v Bocardo SA [2010] UKSC 35 If you are already a subscriber, please enter your details below to log in. Bocardo SA v Star Energy: Supreme Court decision on underground trespass On 28 July the Supreme Court gave judgment in the case of Bocardo SA v Star Energy [2010] UKSC 35. Subscriber, please enter your details below to log in 2009 ] EWCA Civ 579 * Miller Star. An area that included lands underlying Bocardo S farm Another v Bocardo SA v Energy... 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