- Essay Hotline. 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. The owner of the subsurface was entitled to say that his land was being interfered with when it was bored into by someone else. 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 List: LW109: Foundations of Property Law Section: Subtopic A: Trespass Next: 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. The entire wiki with photo and video galleries for each article 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. It was considered of such importance that the Government made submissions to the Court of Appeal, arguing against the decision of the High Court. University College Cork. (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. 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. 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. principle: Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35, 28 July 2010. 100) that the respondent oil company (S) had committed an actionable trespass. Case Commented On: Star Energy Weald Basin Limited v Bocardo SA, [2010] UKSC 35. 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. Law of Property I (LW2249) Uploaded by. 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. Bocardo SA v Star Energy Onshore UK Ltd Squire Patton Boggs United Kingdom August 31 2010 An energy company had carried out activities … This item appears on. Registered in England and Wales. 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). This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. 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.

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