Star Energy UK Onshore Ltd and another v Bocardo SA [electronic resource]
Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] EWCA Civ 579 (15 June 2009). The case relates to a trespass committed by the construction of pipelines by oil companies and the determination of payable compensation. The appellant companies (S) appealed against a decision that they had committed a trespass by boring pipelines at depth beneath the land of Bocardo SA (B) and were liable to damages. S had a licence to extract oil under the Petroleum (Production) Act 1934. S had no agreement from B nor did they apply for any "ancillary rights" to drill through B's land. The trial judge held that the damages for trespass would be equal to 9% of the companies' revenues for the past six years and for the future. S appealed this decision "Held": S trespassed on B's land. If the parties had negotiated before the trespass, S would have been prepared to pay B £1,000 to save time and avoid the expense of legal proceedings. B is entitled to damages of £1 000 in respect of the past and continuing trespass. The appeal is allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE JUDGMENT (Browse shelf(Opens below)) | 1 | Available | 147884-2001 |
[2009] EWCA Civ 579 (15 June 2009). The case relates to a trespass committed by the construction of pipelines by oil companies and the determination of payable compensation. The appellant companies (S) appealed against a decision that they had committed a trespass by boring pipelines at depth beneath the land of Bocardo SA (B) and were liable to damages. S had a licence to extract oil under the Petroleum (Production) Act 1934. S had no agreement from B nor did they apply for any "ancillary rights" to drill through B's land. The trial judge held that the damages for trespass would be equal to 9% of the companies' revenues for the past six years and for the future. S appealed this decision "Held": S trespassed on B's land. If the parties had negotiated before the trespass, S would have been prepared to pay B £1,000 to save time and avoid the expense of legal proceedings. B is entitled to damages of £1 000 in respect of the past and continuing trespass. The appeal is allowed.