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

[2009] 2 Lloyd's Rep. 1

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.