Bocardo SA v Star Energy UK Onshore Ltd (A Mohamed Al-Fayed case) (James Lee, 30 Jul 2008)

Of course it's just a tree. What does it look like ?

RDG online
Restitution Discussion Group Archives

Restitution
front page

What's new?

Another tree!

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

Another tree!

<== Previous message Back to index Next message ==>

Sender:	James Lee
Date:	Wed, 30 Jul 2008 09:38
Re:	Bocardo SA v Star Energy UK Onshore Ltd (A Mohamed Al-Fayed case)

Dear Colleagues,

Apologies for cross-posting. Peter Smith J handed down judgment last week in Bocardo SA v Star Energy UK Onshore Ltd & Anor [2008] EWHC 1756 (Ch) (24 July 2008), a restitution/compensation/[insert term] for wrongs case. Mohamed Al Fayed succeeded in a claim for trespass against a company that had extended its drilling for oil underneath his land (or the land of a company claiming on his behalf). There is a nice point about the limitations of the maxim “cuius est solum eius est usque ad coelum et ad inferos” as to the extent of a trespass. Edwards v Lee (of which it has echoes), Wrotham Park, Stoke v Wass and WWF are all mentioned. Peter Smith J awarded 9% of the value of the oil extracted as “compensation”, both retrospectively and prospectively. I wonder what Logan J would have made of it ...

Best wishes,
James Lee

--
James Lee
Lecturer
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom

Tel: +44 (0)121 414 3629

<== Previous message Back to index Next message ==>

" These messages are all © their authors. Nothing in them constitutes legal advice, to anyone, on any topic, least of all Restitution. Be warned that very few propositions in Restitution command universal agreement, and certainly not this one. Have a nice day! "

»
»
»
»
»

For editorial policy, see here.
For the unedited archive, see here.
The archive editor is Steve Hedley.