If the ownership of the mines1 is severed from that of the surface, the owner of the mines has absolute powers of using as he may think fit the empty space from which minerals2 have been worked (subject only to any statutory or common law restriction to the contrary)3; and, where for the purpose of properly working mines excepted from a grant, roads have been extended into the adjoining strata, such owner is entitled to use the roads for any purpose
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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