Rail companies sued for £5m over oil spill caused by derailment
More than 400,000 litres of fuel spilled in the area causing an "environmental disaster".
Network Rail has initiated legal proceedings against two rail companies, seeking over £5 million in damages, following a train derailment that led to a significant fuel spill and posed a severe environmental threat to a protected natural area.
The lawsuit, filed earlier this month, targets DB Cargo UK and Touax Rail. It stems from an August 2020 incident near Llangennech, Carmarthenshire, where a train derailment resulted in the spillage of 446,000 litres of fuel. The subsequent fire necessitated the evacuation of approximately 300 people from the vicinity.
In documents submitted to the High Court, Network Rail alleges that the derailment was a consequence of the wagon not being "maintained with reasonable care" by Touax, and is pursuing compensation for negligence. While no injuries were reported, 116,000 litres of fuel ignited, and an additional 330,000 litres seeped into adjacent wetlands. These wetlands are part of a designated Site of Special Scientific Interest (SSSI) and a Special Area of Conservation.
The Rail Accident Investigation Branch (RAIB) concluded in January 2022 that the derailment was caused by a locked set of wheels on one of the wagons, likely due to a brake defect. The investigation identified "inadequate maintenance practices" as a contributing factor.
Network Rail, which is responsible for the ownership, operation, maintenance, and development of Britain's railway infrastructure, claims that Touax failed in its duty to maintain the wagon with reasonable care. Furthermore, Network Rail is seeking damages from DB Cargo UK, asserting that the company "breached a contractual duty to ensure that reasonable care was taken" in the wagon's maintenance.
Lawyers representing Network Rail anticipate recovering "more than £5m." DB Cargo and Touax have yet to file their defences, and a hearing in the case is scheduled.
At the time of the derailment, the locomotive was transporting wagons from Milford Haven, Pembrokeshire, to Theale, near Reading. The incident led to a six-month closure of the railway line, which did not fully reopen for nearly a year. The recovery effort involved the excavation of 30,000 tonnes of fuel-saturated soil.
Bill Kelly, who was Network Rail Wales route director at the time, stated in March 2021, upon the line's full reopening, that the post-incident work represented "one of the biggest environmental recovery operations Network Rail has ever been involved with." He also remarked that the derailment could have resulted in a "total environmental disaster."
The RAIB's 2022 report indicated that the train was traveling at approximately 38 mph and carrying up to 75.5 tonnes of fuel when the derailment occurred. The RAIB's report did not assign blame or liability but issued nine recommendations to prevent similar accidents.
Network Rail and DB Cargo declined to comment on the ongoing legal action, while Touax has been approached for comment.