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Bocardo SA v Star Energy
In June the Supreme Court heard (a) the appeal by Bocardo SA against the decision of the Court of Appeal reducing Peter Smith J’s award for damages for trespass from £621,000 plus interest and further payments for continuing trespass to £1,000 and (b) Star Energy’s cross-appeal in which they sought to overturn the “usque ad inferos” rule. The claim was for damages for trespass on account of the fact that the 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 land at Oxted in Surrey. The case raises questions as to the measure of damages for trespass on the “wayleave” basis, the construction of the Petroleum Act 1943 (now 1998) and the Mines (Working Facilities etc) Acts 1923 and 1966, the application of the “Pointe Gourde” rule and the extent downwards of a landowner’s title and entitlement to sue in trespass. The Court’s decision is awaited. Jonathan Gaunt QC and Edward Peters appeared for Bocardo.