Research Projects

by Jessie S. Bussey

1890		8th November - the Bishop Auckland Industrial Co-operative Flour & Provision Society Ltd opened their store in Butterknowle, a village at the south western outpost of the Durham Coalfields, where coal slopes out near the surface.
1898		14th May – slight cracks appeared in the Co-op Branch Managers House, plus two other dwellings.
1902		February – the cracks had deteriorated into serious damage, resulting in total wreckage in some and shrinkage in others
1902		1st September – after a lot of negotiations with the Butterknowle Coal Company, a letter was sent asking for reasonable compensation or legal action would be taken.
1902- 1903		Butterknowle Coal Company replied repudiating all legal and moral responsibility, alleging that the coal under those premises was not worked by them. The court granted authority for 3 mining engineers to inspect the workings, Mr. Simon Tate, Mr. Weeks and Mr. Bradford all found that the Butterknowle Coal Company was responsible for removing the coal under the properties. The Bishop Auckland Co-op then started to prepare the case for legal action.
1904		23rd January the case was heard in the Chancery Division of the High Court of Justice in London
1904		25th January the case was heard before Justice Farwell – judgement was reserved.
1904		1st February Justice Farwell’s judgement was ‘the surface owner has by common law the right to have proper support to his surface so as to prevent its subsidence’.
1904		6th – 15th June Butterknowle Coal company took the case to the Court of Appeal, it was heard before Lord Justice Vaughan Williams, Lord Justice Romer and Lord Justice Cozens-Hardy – judgement was reserved.
1904		15th July – the Law Lords findings were ‘ the mere fact of giving a right to sink pits and to work or get coal does not of itself establish a right to get rid of that which is the common law right of the surface owner to have his surface undisturbed'.
1906		6th – 7th March – Butterknowle Coal Company took the case to the House of Lords, before the Lord Chancellor Lord Loreborn.
1906		7th May – Lord Loreborn delivered his judgement in favour of Bishop Auckland Co-op with costs to be paid by the Butterknowle Coal Company.
1908		The Coal Company went into liquidation, before all costs were paid. The total costs of Bishop Auckland Co-op was �1.387.7s.6d. �628.3s.2d was recovered which left a shortfall of �759.4s.4d. Costs of repairing the properties was �640 of which only �122.13s.4d was paid.

The episode brought the Bishop Auckland Co-op lasting renown for it will be quoted in the annals and courts of law as having determined a case and established a principle in law in the interest of equity and right.

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