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Total liable for Buncefield blast | Total liable for Buncefield blast |
(30 minutes later) | |
The High Court has ruled that oil company Total is liable for damages caused by the explosion at the Buncefield oil depot in Hertfordshire. | |
The Hemel Hempstead site was the scene of an explosion which injured 40 people and left homes and businesses damaged. | The Hemel Hempstead site was the scene of an explosion which injured 40 people and left homes and businesses damaged. |
The blast in 2005 was the largest in Europe since the end of World War II. | The blast in 2005 was the largest in Europe since the end of World War II. |
The depot was owned by Total and Chevron in a joint venture called Hertfordshire Oil Storage Ltd (HOSL), but was operated by Total. | The depot was owned by Total and Chevron in a joint venture called Hertfordshire Oil Storage Ltd (HOSL), but was operated by Total. |
The ignition of the vapour cloud which followed the spillage of 300 tons of petrol, caused an explosion which measured 2.4 on the Richter Scale. | The ignition of the vapour cloud which followed the spillage of 300 tons of petrol, caused an explosion which measured 2.4 on the Richter Scale. |
We still believe... our joint venture partner should accept their share of the responsibilities for the incident Total statement | |
The High Court hearing was over a dispute between Total and Chevron as to who was liable for the agreed acts of negligence that led to the spillage and explosion. | The High Court hearing was over a dispute between Total and Chevron as to who was liable for the agreed acts of negligence that led to the spillage and explosion. |
Chevron claimed Total was to blame, while Total said the joint venture company HOSL should bear responsibility. | Chevron claimed Total was to blame, while Total said the joint venture company HOSL should bear responsibility. |
The court said Total had failed to discharge the burden of establishing that HOSL was responsible for the negligence of the supervisor. | The court said Total had failed to discharge the burden of establishing that HOSL was responsible for the negligence of the supervisor. |
It found that all those working at the site had contracts with Total; the terminal manager who was the most senior member of staff on site was appointed by Total and line managed by Total. | It found that all those working at the site had contracts with Total; the terminal manager who was the most senior member of staff on site was appointed by Total and line managed by Total. |
All safety instructions were developed by Total. | All safety instructions were developed by Total. |
Considering appeal | |
The court also found there was a further contributory fault due to the failure by Total's head office staff to develop an adequate system for preventing the overfilling of a tank. | The court also found there was a further contributory fault due to the failure by Total's head office staff to develop an adequate system for preventing the overfilling of a tank. |
It also said Total was not entitled to recover a contractual indemnity from HOSL or Chevron in respect of all or any part of the claim. | It also said Total was not entitled to recover a contractual indemnity from HOSL or Chevron in respect of all or any part of the claim. |
Chevron said it was "happy" with the judgement, while Total said it was considering an appeal. | |
In a statement Total said: "We still believe... our joint venture partner should accept their share of the responsibilities for the incident. | |
"As a consequence we will be considering our grounds for appeal." | |
It added: "We would like to stress that any appeal will have no implications for claimants, whose claims will continue to be processed." |