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'Loose language' muddles control issue
A witness in the Buncefield High Court trial said it was 'loose language' that made it ambiguous who operated the depot.
Nicholas Williamson, who was a director of Hertfordshire Oil Storage Ltd (HOSL) and a Chevron employee, told the court there were 'errors of draftsmanship' in company documents.
HOSL, a joint venture between Total and Chevron, ran the part of the terminal where the 2005 blast took place.
But Chevron is arguing that Total was in reality in control and it should pick up the bill for the disaster.
Speaking under cross examination by Lord Grabiner, acting for Total, Mr Williamson said: "I believe there is loose use of language in these papers.
"There have been some errors of draftsmanship in this.
"We constantly used the word operator and HOSL in a number of different ways which can be taken in different ways in these documents."
But Mr Williamson insisted it was Total and Total's predecessor Fina that operated the depot.
"It is my belief it was operated by Fina and integrated into the Fina operation," he said.
Lord Grabiner, referring to company papers identifying HOSL as the operator, told him: "What's here is quite inconsistent with what you say was your understanding at the time."
He said a 'management agreement' made it clear that Fina, which became Total, was to provide support services to HOSL.
"All the things that you point to that demonstrate that Fina was the operator I say are all the things that were provided for in the management agreement," he said.
"Do you agree?"
Mr Williamson replied: "Yes."
Residents and businesses are seeking damages of around 700million from Total and HOSL.
The trial continues.
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Friday 25 May 2012
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