The issues that this case raises fall into two parts. The case considered important questions as to the measure of damages for trespass on the “wayleave” or “user” basis, the construction of petroleum and mining and minerals legislation, and the application of compulsory purchase principles and the “Pointe Gourde” rule. Its predecessors had drilled three wells diagonally. (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. Supreme Court hands down Star Energy v Bocardo SA judgment. 29 Thursday Jul 2010 This case highlighted that a landowner only possesses rights to the subterranean directly belong his property. How have these cases lead to further developments in the law? 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 (. ) Star Energy held such an exclusive licence to an area that included lands underlying Bocardo s farm. The Assessment Task . That was the view of the Court of Appeal in Mitchell v Mosley [1914] 1 Ch. Ultimately in 2004 Star Onshore declined Bocardo's proposals stating that its financial covenants prevented it from entering into any joint venture with Bocardo to search for oil beneath the Oxted Estate. Bocardo SA v Star Energy Ltd (2010) Summary 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. The owner of the subsurface was entitled to say that his land was being interfered with when it was bored into by someone else. 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 deepest terminated at some 2,900 feet below ground level. the sub-soil and sub-strata. Posted by Anthony November 25, 2020 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 … 29 Thursday Jul 2010 They entered the substrata below land owned by B at substantial depths beneath the surface. Bocardo is the. Its predecessors had drilled three wells diagonally. 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. The owner of the subsurface was entitled to say that his land was being interfered with when it was bored into by someone else. 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. 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. (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. 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. They entered the substrata below land owned by B at substantial depths beneath the surface. It now . 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. that the respondent oil company (S) had committed an actionable trespass. 438. 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. Jonathan Gaunt QC and Edward Peters appeared for Bocardo SA. Bocardo was unaware until July 2006 that petroleum and petroleum gas was being extracted by this means from beneath its land. S cross-appealed on the issue of trespass. 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. How have these cases lead to further developments in the law? 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 appellant landowner (B) appealed against the quantum of damages awarded to it following a decision ([2009] EWCA Civ 579, [2010] Ch. (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 v Star Energy (2009) "extent" below land. Site by Sears Davies The principles, including the principle established in. No damage at all was caused to B’s land at or near the surface. 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. Note 1. 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 , 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. Ordinary compulsory purchase principles applied to the assessment of compensation under the Mines (Working Facilities and Support) Act 1966 s.8(2). The Court held that a landowner owns all substrata which lie beneath his property up to a undefined depth where the notion of ownership becomes absurd.   FalconChambers1. That was the view of the Court of Appeal in Mitchell v Mosley [1914] 1 Ch. Peter Smith J awarded 9% of the value of the oil extracted as “compensation”, both … 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. Bocardo SA v Star Energy UK Onshore Ltd [2010] 1 AC 380 – licence to explore and obtain for oil 800 – 2000 feet below surface. © 2021 Falcon Chambers The document also includes supporting commentary from author Aruna Nair. Bocardo v Star Energy (2009) ... case based upon individual facts and created the list. 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 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. In order to do so it had to drill out and deep under the Bocardo’s land. . You can filter on reading intentions from the list, as well as view them within your profile.. Read the guide × 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. 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. S had a licence to search for, bore for and get petroleum. Further, B, as the paper owner, was entitled to possession of the subsurface strata through which the wells passed. In that case Star Energy attempted to drill for oil on Bocarda’s land without their permission. 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. (3) (Per Lord Hope) S had no defence to the claim in trespass. Jonathan Gaunt QC and Edward Peters appeared for Bocardo SA. 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. New Judgment: Star Energy Weald Basin Limited & Anor v Bocardo SA [2010] UKSC 35. How have these cases lead to further developments in … 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. Pointe Gourde Quarrying & Transport Co v Sub-Intendent of Crown Lands [1947] A.C. 565. 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. 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. (2) (Per Lord Hope) Possession or a right to possession was a precondition for bringing a claim for trespass. Bocardo is the first modern case to consider how far beneath the surface a landowner’s title to land extends, and whether the landowner can sue for trespass for underground incursions into the sub-soil and sub-strata. This case document summarizes the facts and decision in Bocardo SA v Star Energy Weald Basin Ltd [2010] UKSC 35, Supreme Court. The works involved in this case … The words "interfere with" were not restricted to interfering with the owner's use and enjoyment of the land for the time being. The case raised two distinct issues. 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. 438. 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. Note 1. Supreme Court hands down Star Energy v Bocardo SA judgment. Held: need consent from surface owners Infrastructure Act 2015 ss.43-48 – exploitation of deep level land ok. for petroleum or geothermal energy (300m+) Bocardo SA v Start Energy UK Onshore Ltd [2010] 1 AC 380 Setting a reading intention helps you organise your reading. The leading case on the issue of drilling is the Supreme Court decision of Bocardo SA v Star Energy UK Onshore Ltd [2010]. B claimed in trespass for damages. 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. Bocardo SA v Star Energy UK Onshore Ltd and another 124 Case Comment: Bocardo SA v Star Energy UK Onshore Ltd and another CALUM STACEY ∗ Abstract The intention of this paper is to analyse the decision and possible consequences of the Supreme Court’s ruling in Bocardo SA v Star Energy UK Onshore Ltd and another.1 While this is an English case, the case is of relevance particularly to oil and … 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 … 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. Barristers regulated by The Bar Standards Board Further, B, as the paper owner, was entitled to possession of the subsurface strata through which the wells passed. 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.” Bocardo SA v Star Energy: Supreme Court decision on underground trespass  How have these cases lead to further developments […] Bocardo issued trespass proceedings against Star Energy. (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. This case cites: At First Instance – Bocardo Sa v Star Energy UK Onshore Ltd and Another ChD (Bailii, [2008] EWHC 1756 (Ch), [2008] 2 P and CR 23, [2009] 1 All ER 517, [2008] NPC 99, [2008] 30 EG 83) The defendant had obtained a licence under the Act to extract oil from beneath its land. It is the use of this technique which gave rise to the proceedings in the case of Bocardo SA v Star Energy Onshore Limited. Bocardo SA v Star Energy UK Onshore Ltd [2010] UKSC 35 is a UK enterprise law case, concerning oil and gas. 100) that the respondent oil company (S) had committed an actionable trespass. Decisions in Bocardo v Star Energy. 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. 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. Bocardo is the first modern case to consider how far beneath the surface a landowner’s title to land extends, and whether the landowner can sue for trespass for underground incursions into the sub-soil and sub-strata. Bothan V TSB plc (1997) held pictures and statute was a chattel vs pictures in panels attached to walls were fixtures. Bocardo’s claim for damages arose from the fact that an oil company had, without Bocardo’s knowledge or consent, drilled a well from their own land through Bocardo’s land to access an oil deposit under Bocardo’s estate at Oxted in Surrey. 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. The deepest terminated at some 2,900 feet below ground level. 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. (2) (Per Lord Hope) Possession or a right to possession was a precondition for bringing a claim for trespass. 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. ... On 21 July 2006 Bocardo commenced proceedings against Star for trespass. (3) (Per Lord Hope) S had no defence to the claim in trespass. 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. Description . Edwards v Lee (of which it has echoes), Wrotham Park, Stoke v Wass and WWF are all mentioned. New Judgment: Star Energy Weald Basin Limited & Anor v Bocardo SA [2010] UKSC 35. CASELAWYER (DENIS MARINGO): BOCARDO SA V. STAR ENERGY UK ... ... BSA 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. 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. Case: Star Energy Weald Basin Ltd & anor v Bocardo SA [2010] UKSC 35 Corporate, Partnership & Personal Insolvency, Professional Negligence & Regulation/Discipline. On 28 July the Supreme Court gave judgment in the case of Bocardo SA v Star Energy [2010] UKSC 35. Bocardo SA v Star Energy UK Onshore Limited [2009] EWCA Civ 579 As many of you will already be aware, this judgement was handed down in June of this year. S cross-appealed on the issue of trespass.S had a licence to search for, bore for and get petroleum. Bocardo SA v Star Energy and another [2008] EWHC 1756 (Ch); [2008] WLR (D); [2008] WLR (D) 258 “Access to land to remove oil vested in the Crown from beneath the subsoil, without obtaining ac… operations. 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. 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