© 2021 Falcon Chambers 4. Assessment Task 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. Bocardo is the. Bocardo issued trespass proceedings against Star Energy. 29 Thursday Jul 2010 No damage at all was caused to B’s land at or near the surface. 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 principles, including the principle established in. 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. New Judgment: Star Energy Weald Basin Limited & Anor v Bocardo SA [2010] UKSC 35. They entered the substrata below land owned by B at substantial depths beneath the surface. , 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. 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. (2) (Per Lord Hope) Possession or a right to possession was a precondition for bringing a claim for trespass. Its predecessors had drilled three wells diagonally. 438. Corporate, Partnership & Personal Insolvency, Professional Negligence & Regulation/Discipline. PRESS SUMMARY 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. The Supreme Court held that prima facie the landowner owns everything below the surface, is deemed to be in possession of it, and can sue for damages for subterranean trespasses. Further, B, as the paper owner, was entitled to possession of the subsurface strata through which the wells passed. 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 case may also have important implications for telecommunications operators and landowners from whom they wish to acquire wayleaves, given the similarities between the wording of the Telecommunications Code and the relevant mining legislation. For any of you who are not aware of this case, it essentially concerned the calculation of compensation for extracting oil from the substrata of an estate where the estate owner had not granted access rights for that   FalconChambers1. Cited – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010 The defendant had obtained a licence to extract oil from its land. (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. In the case of Bocardo SA v. Star Energy UK Onshore Ltd [2010] it was said that the landowner can bring an action in trespass if pipes etc., even at great depths, become intrusive to their property. Star Energy held such an exclusive licence to an area that included lands underlying Bocardo s farm. (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. . Barristers regulated by The Bar Standards Board Property law 1 Bocardo SA v Star Energy Onshore UK Ltd (full case note) On 28 July the Supreme Court gave judgment in the case of B ocardo SA v Star Energy [2010] UKSC 35. The case raised two distinct issues. Bocardo was unaware until July 2006 that petroleum and petroleum gas was being extracted by this means from beneath its land. (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. You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × The deepest terminated at some 2,900 feet below ground level. How have these cases lead to further developments in the law? Peter Smith J awarded 9% of the value of the oil extracted as “compensation”, both … The leading case on the issue of drilling is the Supreme Court decision of Bocardo SA v Star Energy UK Onshore Ltd [2010]. In Bocardo SA v Star Energy Onshore Ltd [2010] UKSC 35; [2010] 3 WLR 654, Lord Hope maintained that the phrase “still has value in English law as encapsulating, in simple language, a proposition of law which has commanded general acceptance.” Its predecessors had drilled three wells diagonally. (3) (Per Lord Hope) S had no defence to the claim in trespass. 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. 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 … It is Bocardo's case that at this time it had no idea that the oil had already been extracted by wells drilled over 10 years earlier. 29 Thursday Jul 2010 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. Setting a reading intention helps you organise your reading. In order to do so it had to drill out and deep under the Bocardo’s land. 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