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Oil giants battle over blame
Day 22. Monday, December 1: Final submissions in the Buncefield High Court action have begun as the trial enters its final weeks.
This week is predicted to be taken up with the dispute between Total and Chevron as to who should foot the bill for the disaster.
Then next week it will be the turn of residents and businesses to summarise their claims for damages from the 2005 blast.
Today Total reiterated its position that Hertfordshire Oil Storage Limited (HOSL) - a joint venture between Total and Chevron on a 60/40 basis - was liable for the disaster.
If Total is successful with this argument it could reduce its liability for damages by 40 per cent.
Lord Grabiner, acting for Total, referred to a number of company documents relating to the joint venture that identify HOSL as the operator.
"HOSL was, and was intended to be, the operator," he told the court.
"HOSL's business was the receipt, storage and control of fuel into the terminal."
Lord Grabiner said the accident was caused by negligence on the part of the supervisor on duty on the night of the blast, who was a Total employee but he had been seconded to HOSL.
"The incident was caused by Mr Nash's negligence. That has been accepted by Total and HOSL," he said.
"In our submission it is HOSL not Total that is vicariously liable for that negligence."
Residents and businesses are seeking damages of around 700million from Total and HOSL.
The High Court action is unconnected to the criminal prosecution announced by the Health and Safety Executive and the Environment Agency.
The trial continues.
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Weather for Hemel Hempstead
Thursday 09 February 2012
Today
Light snow
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