Add to My Bookmarks Export citation. 438. Get access to over 12 million other articles! The deepest terminated at some 2,900 feet below ground level. How have these cases lead to further developments in … (Lord Clarke dissenting, and Lord Hope dissenting in part, on the fourth issue) (1) (Per Lord Hope) B's title did extend down to the strata below the surface through which the wells passed. Bocardo SA v Star Energy Ltd (2010) Summary. Bocardo SA v. Star Energy UK Onshore Ltd [2010] 1 A.C 380. Star Energy Weald Basin Limited and another (Respondents) v Bocardo SA (Appellant) before Lord Hope, Deputy President Lord Walker Lord Brown Lord Collins Lord Clarke JUDGMENT GIVEN ON 28 July 2010 Heard on 22, 23 and 24 June 2010. Enter your email address to log in as a Martyr v Lawrence (1864) 2 … Star Energy appealed to the Court of Appeal. The appellant landowner (B) appealed against the quantum of damages awarded to it following a decision ([2009] EWCA Civ 579, [2010] Ch. 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. Ibid. Add to My Bookmarks Export citation. Property law 1 Bocardo SA v Star Energy Onshore UK Ltd (full case note) University. 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. Close, i-law is part of the Business Intelligence Division of Informa PLC. The words "interfere with" were not restricted to interfering with the owner's use and enjoyment of the land for the time being. The document also includes supporting commentary from author Aruna Nair. 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. But the wells in this case were far from being so deep as to reach the point of absurdity; indeed, the fact that the strata could be worked upon at the depths in question pointed to the opposite conclusion. (2) (Per Lord Hope) Possession or a right to possession was a precondition for bringing a claim for trespass. By continuing to use the website, you consent to our use of cookies. Last week the Supreme Court heard the appeal of Bocardo SA v Star Energy, a case raising important issues relating to deep trespass and the extraction of … The owner of the subsurface was entitled to say that his land was being interfered with when it was bored into by someone else. We use cookies to improve your website experience. The respondent, Star Energy Weald Basin, was an oil exploration company which had been drilling in the Palmers Wood Oil Field, whose north-east part extended under the land of the appellant, Bocardo. user on your corporate account. The ultimate beneficiary behind Bocardo is Mr Al Fayed. The issues were (i) whether B's title to the land extended down to the strata below the surface through which the wells passed; (ii) whether possession or a right to possession was a precondition for bringing a claim for trespass and, if so, whether B had or was entitled to possession of the subsurface strata through which the wells passed; (iii) whether S had a right under the Petroleum (Production) Act 1934 to drill and use the wells to extract petroleum from beneath B's land which gave it a defence to a claim in trespass; (iv) the proper approach to assessing damages. 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. Much had happened since then, as the use of technology had penetrated deeper and deeper into the earth's surface, but there was no reason why Mitchell should not still be regarded as good law, Mitchell approved. 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. Description . New Judgment: Star Energy Weald Basin Limited & Anor v Bocardo SA [2010] UKSC 35. 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. 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. 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. It was considered of such importance that the Government made submissions to the Court of Appeal, arguing against the decision of the High Court. Bocardo SA v Star Energy UK Onshore Ltd [2011] 1 AC 380. Law of Property I (LW2249) Uploaded by. Elwes v Brigg Gas Company (1886) 33 Ch.D. Bocardo SA v Star Energy UK Onshore Ltd & Anor. There was nothing in s.10(3) of the 1934 Act (re-enacted in the, ) or the context in which it was enacted that restricted the reference to "land" in that subsection to things that happened only on the surface. VAT GB365462636. that the respondent oil company (S) had committed an actionable trespass. (3) (Per Lord Hope) S had no defence to the claim in trespass. 100) that the respondent oil company (S) had committed an actionable trespass. Please write a 2,000 word essay to answer the following question: 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. Catherine Turner, Lauren Quinn and Thomas Murphy, The Law of Property in Northern Ireland (1 st edn, Colourprint educational 2014) 64. 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. 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. Article: 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. Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. The words "interfere with" were not restricted to interfering with the owner's use and enjoyment of the land for the time being. Number 8860726. Further, B, as the paper owner, was entitled to possession of the subsurface strata through which the wells passed. There was nothing in s.10(3) of the 1934 Act (re-enacted in the Petroleum Act 1998 s.9(2)) or the context in which it was enacted that restricted the reference to "land" in that subsection to things that happened only on the surface. Request a trial Informa UK Limited is part of Informa PLC. Corporate, Partnership & Personal Insolvency, Professional Negligence & Regulation/Discipline. (Lord Clarke dissenting, and Lord Hope dissenting in part, on the fourth issue) (1) (Per Lord Hope) B's title did extend down to the strata below the surface through which the wells passed. 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. 438. Informa UK Limited is a company registered in England and Wales with company number 1072954 whose registered office is 5 Howick Place, London, SW1P 1WG. University College Cork. Bocardo SA v Star Energy UK Onshore cables natural gas o Airspace: max height necc for ordinary use/enjoyment of land+structures on it Bernstein v Skyviews & General Ltd pic of house Includes if smth interferes w/ [actual & potential ordinary use [ of the land in the future Type Legal Case Document. Its predecessors had drilled three wells diagonally. List: LW109: Foundations of Property Law Section: Subtopic A: Trespass Next: Star v Bocardo (2009) Summary Michael Driscoll QC and Ciaran Keller, who did not appear below, appeared for the successful appellants, Star Energy, in a landmark decision in the Court of Appeal against Mr Al Fayad’s company Bocardo SA. (4) (Per Lord Brown) For the purpose of assessing damages, it was necessary to determine the proper compensation payable by S to secure its right to install deviated wells beneath B's land had it sought to enforce that right pursuant to the Mines (Working Facilities and Support) Act 1966. The principles, including the principle established in. The owner of the subsurface was entitled to say that his land was being interfered with when it was bored into by someone else. 39 See Land Registry Practice Guide 19 … 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. But the wells in this case were far from being so deep as to reach the point of absurdity; indeed, the fact that the strata could be worked upon at the depths in question pointed to the opposite conclusion. 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. They entered the substrata below land owned by B at substantial depths beneath the surface. His right to object was inherent in his right of ownership of the land, and it was irrelevant that he was not making any use of it. It is not every day, or even every year, that the highest court in the United Kingdom passes judgement in an oil and gas case. Jonathan Gaunt QC and Edward Peters appeared for Bocardo SA. D. Writers) Torts: Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 Issue An energy company had carried out activities involving extraction of oil underneath a property without the title owner’s permission. On 28 July 2010, the Supreme Court handed down the eagerly awaited judgment of the Star Energy Weald Basin Limited ("Star") v Bocardo SA ("Bocardo") appeal. Region: UK. (3) (Per Lord Hope) S had no defence to the claim in trespass. appeared first on Essay Hotline. Additional Guidance: 1. That was the view of the Court of Appeal in Mitchell v Mosley [1914] 1 Ch. Case: Star Energy Weald Basin Ltd & anor v Bocardo SA [2010] UKSC 35 Appeal from – Star Energy UK Onshore Ltd and Another v Bocardo Sa CA (Bailii, [2009] EWCA Civ 579, [2010] Ch 100, [2010] 1 All ER 26, [2009] 25 EG 136, [2009] 2 P and CR 23, [2009] 3 WLR 1010, [2009] NPC 78) The appellant had taken out a licence to drill for oil on its land. Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35 is a UK enterprise law case, concerning oil and gas. Bocardo SA v Star Energy UK Onshore Ltd and another (Secretary of State for Energy and Climate Change intervening) [2010] UKSC 35, [2011] 1 AC 380 Available for download from Westlaw Add to My Bookmarks Export citation 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. This case document summarizes the facts and decision in Bocardo SA v Star Energy Weald Basin Ltd [2010] UKSC 35, Supreme Court. 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). 562. Star Energy Weald Basin Limited and another (Respondents) v Bocardo SA (Appellant) [2010] UKSC 35 On appeal from [2008] EWCA Civ 579 JUSTICES: Lord Hope (Deputy President), Lord Walker, Lord Brown, Lord Collins, Lord Clarke BACKGROUND TO THE APPEAL The appellant, Bocardo, is the freehold owner of the Oxsted Estate, Surrey. 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. Decisions in Bocardo v Star Energy. Ordinary compulsory purchase principles applied to the assessment of compensation under the Mines (Working Facilities and Support) Act 1966 s.8(2). (2) (Per Lord Hope) Possession or a right to possession was a precondition for bringing a claim for trespass. 575. Case Commented On: Star Energy Weald Basin Limited v Bocardo SA, [2010] UKSC 35. The rest of this document is only available to i-law.com online To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. The apex of an oil field To what extent can it be said that the recent decisions in Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35 and in Spielplatz Ltd v Pearson [2015] EWCA Civ 804 show that the traditional common law definitions of land are still an appropriate way of determining what forms part of the land? principle: Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35, 28 July 2010. more. Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35, [2011] 1 AC 380. S cross-appealed on the issue of trespass. Further, B, as the paper owner, was entitled to possession of the subsurface strata through which the wells passed. EBSCOhost serves thousands of libraries with premium essays, articles and other content including Bocardo SA v Star Energy UK Onshore Ltd and another. Previous: Bernstein of Leigh (Baron) v Skyviews and Gene... Have you read this? Furthermore, while it 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 - Essay Hotline. The Claimant ("Bocardo") is the freehold owner of Barrow Green Court and Barrow Green Farm (together "the Oxted Estate") at Barrow Green Road Oxted Surrey. Bocardo SA v Star Energy Onshore UK Ltd Squire Patton Boggs United Kingdom August 31 2010 An energy company had carried out activities … 1. They entered the substrata below land owned by B at substantial depths beneath the surface. The entire wiki with photo and video galleries for each article Its predecessors had drilled three wells diagonally. The deepest terminated at some 2,900 feet below ground level. Star Energy UK Onshore Ltd and Another v Bocardo S.A. [2009] EWCA Civ 579 *Miller advised Star Energy News Item details. Registered in England and Wales. subscribers. Bocardo v Star Energy. His right to object was inherent in his right of ownership of the land, and it was irrelevant that he was not making any use of it. How have these cases lead to further developments in the law? Module. Assignment status: Already Solved By Our Experts (USA, AUS, UK & CA Ph. Preview. Find out All … Pointe Gourde Quarrying & Transport Co v Sub-Intendent of Crown Lands [1947] A.C. 565. The Assessment Task . , 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. S cross-appealed on the issue of trespass.S had a licence to search for, bore for and get petroleum. Appellant … In the instant case, the construction of wells by an oil company at a depth of 800 to 2,900 feet beneath the surface of land was a trespass actionable at the suit of the landowner. 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 (. ) That was the view of the Court of Appeal in Mitchell v Mosley [1914] 1 Ch. The issues were (i) whether B's title to the land extended down to the strata below the surface through which the wells passed; (ii) whether possession or a right to possession was a precondition for bringing a claim for trespass and, if so, whether B had or was entitled to possession of the subsurface strata through which the wells passed; (iii) whether S had a right under the Petroleum (Production) Act 1934 to drill and use the wells to extract petroleum from beneath B's land which gave it a defence to a claim in trespass; (iv) the proper approach to assessing damages. Star Energy held such an exclusive licence to an area that included lands underlying Bocardo s farm. Bocardo SA v Star Energy UK Onshore Ltd and another [2008] EWHC 1756 (Ch) 2. (4) (Per Lord Brown) For the purpose of assessing damages, it was necessary to determine the proper compensation payable by S to secure its right to install deviated wells beneath B's land had it sought to enforce that right pursuant to the Mines (Working Facilities and Support) Act 1966. You must include at least FOUR non text book sources. This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Appeal from – Star Energy UK Onshore Ltd and Another v Bocardo Sa CA (Bailii, [2009] EWCA Civ 579, [2010] Ch 100, [2010] 1 All ER 26, [2009] 25 EG 136, [2009] 2 P and CR 23, [2009] 3 WLR 1010, [2009] NPC 78) The appellant had taken out a licence to drill for oil on its land. … Much had happened since then, as the use of technology had penetrated deeper and deeper into the earth's surface, but there was no reason why Mitchell should not still be regarded as good law, Mitchell approved. 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