000			03479cad a22004935a 4500
001			L144981
008			080828e20080724xxk f v 000 0 eng d
035			_a(Sirsi) u144981
041	0		_aeng
245	0	0	_aBocardo SA v Star Energy UK Onshore Ltd & Anor _h[electronic resource]
260			_c2008
520			_a[2008] EWHC 1756 (Ch), 24 July 2008. Oil wells passing under the substrata of an estate without the owner's consent counted as a trespass. Damages were calculated using a hypothetical negotiation between the parties and sought to calculate compensation in line with the Mines (Working Facilites and Support) Act 1966 for the sale of rights of access to allow for the oil extraction workings. Claimant landowner (B) claimed trespass against the defendant oil campanies (S) for extraction of oil lying in part under B's estate. The drilling had taken place over a sevetneen year period. There was nothing to indicate to B that drilling was taking place and when B asked S in 1992 to clarify whether drilling was taking place, S refused to say. In 2006 B found out that drilling was taking place and claimed for trespass. S held that there was no trespass as the drilling was taking place 800m below the estate and that enjoyment of it was not being prevented in any way. Argument also arose over the period of time to be considered in any judgement. Held: judgement for claimant. The court found that secondary trespass was in fact taking place, in relation to rights of access to drill for the oil. After a hypothetical negotiation the court found that B could claim from damages from 2000 and awarded 9% as the figure owed from current profits made as a result of the oil extraction and of all future profits until the wells were exhausted.
590			_aKA
650	2	4	_aMINES (WORKING FACILITIES AND SUPPORT) ACT 1966
650	2	4	_aPETROLEUM PRODUCTION ACT 1934
650	2	4	_aPETROLEUM ACT 1988
650	2	4	_aSHELDON V RHM OUTHWAITE (UNDERWRITING AGENCIES) LTD & ORS
650	2	4	_aWROTHAM PARK ESTATE CO LTD V PARKSIDE HOMES LTD
650	2	4	_aWROTHAM PARK SETTLED ESTATES LTD V HARTSMERE BOROUGH COUNCIL
650	2	4	_aCOMMISSIONER FOR RAILWAYS V THE VALUER-GENERAL
650	2	4	_aBP PETROLEUM DEVELOPMENTS LTD V RYDER & ORS
650	2	4	_aEDWARDS V SIMMS
650	2	4	_aIRC V CLAY
650	2	4	_aLENNOX LEWIS V ELIADES
650	2	4	_aMERCURY COMMUNICATIONS LTD V LONDON & INDIA INVESTMENTS LTD
650	2	4	_aMIDTOWN LTD V CITY OF LONDON REAL PROPERTY CO LTD
650	2	4	_aBOCARDO SA V STAR ENERGY UK ONSHORE LTD & ANOR
650	2	4	_aAG OF ZAMBIA V MEER CARE & DESAI
650	2	4	_aANCHOR BREWHOUSE DEVELOPMENTS LTD V BERKLEY HOUSE (DOCKLANDS DEVELOPMENTS) LTD
650			_aBERNSTEIN (BARON) V SKYVIEWS LTD
650	2	4	_aBULLI COAL MINING CO V OSBORNE
650	2	4	_aCAVE V ROBINSON JARVIS & ROLF
650	2	4	_aSOVMOTS INVESTMENTS LTD V SOS ENVIRONMENT
650	2	4	_aSTOCKPORT BC V ALWIYAH DEVELOPMENTS
650	2	4	_aJAGGARD V SAWYER AND ANOTHER
650			_aJURYS (AMEC DEVELOPMENTS LTD V JURYS HOTEL MANAGEMENT (UK) LTD)
650	2	4	_aLAW SOCIETY V SEPHTON
650	2	4	_aSTOKE-ON-TRENT CC V W & J WASS LTD
650	2	4	_aWORLD WIDE FUND FOR NATURE V WORLD WRESTLING FEDERATION ENTERTAINMENT INC
651		4	_aUnited Kingdom _y
690			_aPROPERTY-RURAL AND NATURAL ASSETS
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Ch/2008/1756.html _zView the case free of charge online at www.bailii.org...
942			_n0
999			_c80673 _d80673