Network Rail is suing two rail companies for more than £5 million after a train derailment that caused about 450,000 litres of fuel to spill and threatened an environmental “disaster”, High Court documents show.
The body, which manages railway infrastructure in England, Scotland and Wales, filed a legal claim earlier this month against DB Cargo UK and Touax Rail over the derailment near Llangennech, south Wales, in August 2020.
The incident saw 10 wagons of the 25-wagon train derail, which caused 446,000 litres of fuel to spill.
Of this, 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 due to the blaze, which took firefighters nearly two days to put out.
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”.
Network Rail is now suing DB Cargo UK, which operated the train, and Touax, which owned the wagon.
In court documents, seen by the Press Association, Network Rail claimed that the derailment occurred because 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 the latter “breached a contractual duty to ensure that reasonable care was taken” in maintaining the wagon.
Lawyers for Network Rail also said that 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 is yet to take place.
The line was closed for six months after the incident and did not fully reopen for almost a year, with 30,000 tonnes of fuel-soaked soil having to be excavated.
Bill Kelly, the then-Network Rail Wales route director, said when the line fully reopened in March 2021 that work following the incident was “one of the biggest environmental recovery operations Network Rail has ever been involved with”.
He also said that the derailment could have caused a “total environmental disaster”.
The RAIB said, in its 2022 report, that the train was travelling at about 38mph at the time of the derailment, and was carrying up to 75.5 tonnes of fuel.
It was travelling from the Robeston oil refinery in Milford Haven, Pembrokeshire, to a fuel distribution terminal in Theale, Berkshire.
The RAIB did not establish blame or liability for the incident, but made nine recommendations to avoid similar accidents.
Network Rail and DB Cargo declined to comment, while Touax has been approached for comment.
