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Debate over responsibility for operations

Buncefield trial: Day eight. A senior manager at Total came under pressure in the witness box at the High Court to agree his company was responsible for operations at the Buncefield depot.

Mike Linley, manager of terminal operations between 1998 and 2003, jousted verbally with Jonathan Sumption QC over responsibility for Buncefield.

Mr Sumption, acting for Chevron, presented the court with a letter sent from Mr Linley's office to the Health and Safety Executive naming Total as the 'operator'.

Mr Linley said: "I don't recall seeing this document identifying Total Fina as the operator."

Mr Sumption responded: "It accepts onerous obligations as the operator as resting on Total Fina.

"No one in your department would have drafted a letter like this to be sent to the HSE without you knowing about it."

Mr Linley said: "I have not seen this letter until very recently.

"I wish I had seen this letter because I would have seen the error."

In another exchange where Mr Sumption was seeking to show Total ran the depot, Mr Linley denied he was line manager for Robert White, who was general manager at HOSL.

"That is completely untrue - you were his boss," Mr Sumption said.

Mr Linley replied: " I didn't think of myself as the sole person who directed Mr White in terms of HOSL operations."

"You were his line manager," Mr Sumption said.

Total and Chevron were partners in the joint venture Hertfordshire Oil Storage Limited (HOSL), which ran the part of the depot where the blast took place.

However, Chevron claims Total was in fact in control of operations at the depot and it should pick up the bill for the disaster.

The dispute is the largest remaining bone of contention in the trial after Total dropped a key part of its defence, which sought to limit its liability for damage to a distance of 451 metres from the depot.

Residents and businesses are seeking damages of around 700million from Total and HOSL.

Case continues.


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Friday 25 May 2012

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