Lawsuit over Welsh derailment

Network Rail is suing two rail companies for more than £5 million over a train derailment in south Wales that spilled nearly 450,000 litres of fuel and threatened an environmental “disaster”, according to High Court documents.

The infrastructure body filed a legal claim earlier this month against DB Cargo UK, which operated the train, and Touax Rail, which owned the wagon, over the incident near Llangennech in August 2020. The derailment saw 10 of the train’s 25 wagons come off the tracks.

The spill released 446,000 litres of fuel. Of that, 116,000 litres ignited, while 330,000 litres drained into surrounding wetlands, which form part of a site of special scientific interest and a special area of conservation.

No one was injured, but about 300 people were evacuated from the area because of the blaze, which took firefighters nearly two days to extinguish.

Cause of the derailment

The Rail Accident Investigation Branch (RAIB) concluded in January 2022 that the derailment was caused by a set of wheels on one of the wagons locking, likely the result of a brake defect “arising from deficiencies in the design and maintenance of components”. The RAIB did not establish blame or liability for the incident and made nine recommendations to avoid similar accidents.

In court documents seen by the Press Association, Network Rail claims that the wagon had not been maintained with reasonable care by Touax and is seeking damages for negligence. It is also seeking damages from DB Cargo UK, claiming that DB Cargo UK breached a contractual duty to ensure that reasonable care was taken in maintaining the wagon.

Lawyers for Network Rail said it expects to recover more than £5 million through the claim. No further details of the claim are currently available, with DB Cargo and Touax yet to file defences. A hearing in the case has yet to take place.

Aftermath and environmental impact

The train was travelling at about 38mph and carrying up to 75.5 tonnes of fuel on a route from the Robeston oil refinery in Milford Haven, Pembrokeshire, to a fuel distribution terminal in Theale, Berkshire.

The line was closed for six months after the incident and did not fully reopen for almost a year. During the recovery, 30,000 tonnes of fuel-soaked soil had to be excavated.

When the line fully reopened in March 2021, Bill Kelly, then Network Rail Wales route director, described the work as “one of the biggest environmental recovery operations Network Rail has ever been involved with”. He added that the derailment could have caused a “total environmental disaster”.

Responses

Network Rail and DB Cargo declined to comment, while Touax has been approached for comment.