Alex Spence
The man, the films, those blondes. Free DVD collection starting this Sunday
Total UK, one of Britain’s biggest oil companies, has admitted that much of the damage caused by the Buncefield oil fire could have been foreseen, potentially opening itself to a payout of hundreds of millions of pounds.
Ahead of the final pre-trial hearing today at the High Court, the oil company admitted in a statement to The Times that damage caused to properties within 450 metres of the blast could have been foreseen — another significant concession on a key pillar of its defence.
Nevertheless, hundreds of families and businesses whose properties were destroyed by Britain’s biggest peacetime explosion still face a long and costly legal fight for compensation.
Total and fellow oil giant Chevron are facing lawsuits amounting to almost £1 billion brought by oil companies, insurers and property owners over the 2005 explosion at the facility, operated by Hertfordshire Oil Storage Limited (HOSL), a joint venture between Total and Chevron.
A trial scheduled to begin in the High Court on October 1 will determine which company, if any, was liable for the explosion.
Total has already backed down once during the build-up to the trial, admitting in May that the explosion was partly the result of negligence by the duty supervisor at the time.
Under English law, in order to show liability a claimant must demonstrate that damage caused by an act of negligence was foreseeable. Until now, although Total admitted there had been negligence, it denied that the consequences could have been predicted.
The oil company confirmed in a statement today that it had changed its tack on foreseeability on the basis of an expert witness report. The report, submitted to the court on June 8, concluded that based on the weather and other conditions at the time damage to buildings could have occurred “up to a maximum of 451m from the pump area of the depot”. Damage to tanks, plant and equipment could have occurred at a range of 50 metres.
Lawyers close to the case said that Total’s concessions made it increasingly likely that damages would ultimately be paid to at least some claimants. However, for complicated legal reasons it does not mean a straightforward end to the case.
Claimants that owned property within 450 metres of the blast — estimated to be worth £240 million — will still be required to prove their losses in court; while other claimants, such as BP and Shell, whose operations within the Buncefield plant were disrupted, were not covered by Total's latest admission.
The oil companies will also continue fighting claims by around 280 families whose homes were damaged as they were further than 450 metres from the explosion.
The fire began at an HOSL facility within the Buncefield compound at 6am on December 11, 2005. Forty-three people were injured. A report in 2006 by an independent investigation board did not apportion blame, but found that human error and faulty safety equipment were responsible.
Read the training tips and advice that helped our London Triathletes
Times Online's new TV show helps you make the right decisions for your pet
Read our exclusive 100 Years of Fleming and Bond interactive timeline, packed with original Times articles and reviews
The latest travel news plus the best hotels and gadgets for business travellers
Shortcuts to help you find sections and articles

Overseas contacts and local business information

Find a course, arrange a game and save money
2007
£47,700
2007
£41,899
2008
£41,445
Great car insurance deals online
£25,510 – 32,000
Transport for London
London
£50k
NHS
Nationwide
£
£90,000 + PRP
Essex County Council
Essex
100K
Confidential
London
5% below developer pre-launch price!
Luxury Appts, beautiful gardens w/ Thames views
Great Investment, River Views
By Funway – Thailand
from £589pp
Christmas Cruises
From only £995pp
APTs East Coast now from only
£2425pp.
Great travel insurance deals online
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times. Globrix Property Search - find property for sale and rent in the UK. Visit our classified services and find jobs, used cars, property or holidays. Use our dating service, read our births, marriages and deaths announcements, or place your advertisement.
Copyright 2008 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
This is utter rubbish. Until Buncefield no experts in the field believed that an explosion of this magnitude from that type of storage was possible. If they knew it was possible then why did the Health and Safety Executive spend so much trying to work out why it happened?
Dr C R Westwood, Crawley, UK