Buncefield High Court appeal fails
Oil giant Total has lost its latest bid to shift some of the burden of responsibility for the Buncefield disaster.
The Court of Appeal in London has upheld an original ruling that the company - which is facing damages claims of 750million - is solely liable for the 2005 blast.
Despite the setback Total says 92 per cent of damages claims from individuals have now been settled, but this is disputed by solicitors acting for Hemel Hempstead residents.
During the 2008 High Court trial Total unsuccessfully argued that oil firm Chevron, its partner in the joint venture Hertfordshire Oil Storage Limited (HOSL), should shoulder some of the damages.
The judge in the trial, who slammed safety procedures at the terminal, decided Total and not HOSL was actually responsible for day to day operations at the depot.
The Court of Appeal also ruled Shell was entitled to compensation for the loss of millions of pounds worth of fuel in the blaze.
In a statement Total said: "The company will consider its position in the light of this decision.
"Irrespective of the appeal, we have continued to make every effort to ensure that significant progress has been made to settle outstanding claims and to date 92% of claims from individuals have been settled."
Solicitor Des Collins, who represents 270 people, said: "It's nothing like 92 per cent. It's substantially less than that."
He conceded Total had 'shown a greater willingness to settle claims' but there was still a sticking point over 15 homes which have lost around 10 per cent of their value because they are near the depot.
He said a further trial on this point is due to start in November.
The disaster - which injured 43 people - took place when safety mechanisms and procedures failed and a storage tank overflowed, causing a fuel vapour cloud to form.
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Wednesday 08 February 2012
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