Buncefield - questions of economic loss

摘要

Shell UK v Total UK [2010] EWCA Civ 180 concerns the Buncefield explosion and involves a successful appeal by Shell against that element of the High Court ruling (see [2009] EWHC 540 (Comm) and ELM vol 18 issue 4) that losses sustained by it were purely economic losses and therefore irrecoverable. As a result of this Court of Appeal ruling, Total may be forced to pay out around ￡100 million to Shell to compensate Shell for losses arising out of the Buncefield explosion and fire in 2005. The Court of Appeal ruled that Shell is entitled to claim for loss of profits after fuel stored at the depot in Hemel Hempstead, Hertfordshire, was destroyed in the explosion, which occurred as a result of Total's negligence.