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Lloyd's Law Reports Plus

COLOUR QUEST LTD AND OTHERS v TOTAL DOWNSTREAM UK PLC AND OTHERS

[2009] Lloyd's Rep Plus 44

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice David Steel

Tortious liability – Explosion at oil refinery – Vicarious liability – Employee whose actions causative of explosion at storage site employed by one company but seconded to other company managing the site – Liability for actions of employee – Application of rule in Rylands v Fletcher – Effect of consent – Private nuisance – Public nuisance – Economic loss – Whether proprietary or possessory interest in property required to claim damages – Damages claim from claimant with mere contractual rights.

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