Herbert Smith has scored a victory advising Chevron in one of the largest pieces of commercial litigation ever seen in the UK, as its joint venture partner Total is found liable for the 2005 Buncefield disaster.

In a judgment handed down in the High Court this morning (20 March), Mr Justice David Steel ruled that Total – which has a 60% stake in Hertfordshire Oil Storage Ltd (HOSL), the joint venture that runs the Buncefield depot – was responsible for the explosion and liable for the financial consequences.

Jonathan Sumption QC and Andrew Popplewell QC of Brick Court Chambers were instructed by Herbert Smith.

The aftermath of the explosion – which has been described as the largest incident of its kind in peacetime Europe – has seen approximately £750m of claims from around 4,000 local businesses, residents and other oil companies with facilities at Buncefield, such as Shell.

HOSL agreed to settle all personal injury claims relating to the Buncefield incident in 2006. HOSL has settled almost 70% of the 3,545 claims received for uninsured losses.

It is understood that US oil group Chevron, represented by Herbert Smith – with litigation partner Ted Greeno leading the team – may seek a reimbursement from Total for the compensation it has already paid out to victims.

Total was advised by Ashurst – with disputes partner Mark Elvy leading the team – and Davies Arnold Cooper (DAC). One Essex Court's Lord Grabiner QC and Andrew Bartlett QC were instructed by Ashurst and DAC for Total.

Simmons & Simmons and One Essex Court's Laurence Rabinowitz QC acted for Shell, while Clifford Chance is among a number of advisers representing real estate investors and private equity houses which owned damaged or destroyed property in the area.

Other firms to land substantial roles representing claimants included Pinsent Masons, Kennedys and Collins Solicitors.

Greeno commented: "This case has presented unusual and complex challenges arising from the task of resolving Total's differences with Chevron without hindering the process of resolving the many claims which followed the explosion at Buncefield. As a longstanding and valued client, we are delighted to have been able to help steer Chevron through to the court's finding that it was not responsible for the operations on site and should not bear the financial consequences of compensating those who have suffered loss as a result of the explosion."

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