The Next Steps for the Victims in the Bayesian Sinking

The shocking sinking of the super yacht, the Bayesian, in Italian waters just off Palermo during a storm, whilst at anchor, in August last year is subject to investigation by Italian prosecutors with a view to potential criminal charges, including manslaughter and culpable shipwreck to be brought against the captain, James Cutfield, the engineer, Tim Parker and a seaman, Matthew Griffith.  Despite the five months that have elapsed since the sinking the investigations are still at an early stage.

The families of the deceased and the surviving victims may have to wait some considerable time before an explanation of the circumstances and responsibility for the tragedy can be established.  There are some factors that were considered in the aftermath of the sinking, with human error high on the list.

• The keel being retracted
• The hatch doors being left open
• The captain’s choice of positioning
• The suggestion that there were design flaws

In addition to the Italian investigations, the Marine Accident Investigations Branch (MAIB) in the UK are also investigating.  The MAIB will report on the circumstances surrounding the incident is unlikely to attribute blame but will outline the circumstances that led to the sinking.   Also, the report is unlikely to be published until after the boat has been raised from the seabed, if and when that occurs.  It should be noted that at the present time no criminal charges have been brought and that in Italy being under investigation does not imply culpability or guilt, nor does it indicate that criminal charges may follow.

Inquests have been opened in Italy to establish the cause of the deaths of the seven deceased, whose bodies have been repatriated back to the UK only recently.  Also, inquests have opened in the UK in Suffolk for four of the victims, Mike Lynch and his daughter Hannah Lynch and Jonathan and Judy Bloomer, the married friends of Mike Lynch.  In order to allow the Italian authorities and the MAIB investigations to proceed this inquest has been adjourned until 15 April 2025.

The Coroners from both Italy and the UK will focus on establishing the facts leading to the deaths and whether valuable insights can be gained and if they can make recommendations for the future to avoid a similar event.  However, there is often a challenge to obtaining evidence and co-operation from outside their jurisdiction, despite the reasonable expectation of co-operation and the level of formal channels intended to deliver such information.  It is not unknown for Coroners to request the lawyers acting for the victims or the families of the victims to provide this vital information.

Should the Italian public prosecutor decide to bring criminal charges against part of the crew and the matter consequently goes to trial.  In such a situation, the victims or the families of the deceased victims are entitled to join the proceedings.  The attendance in the criminal investigation and eventually, in the criminal proceedings is essential to ensure that the victims and their family members - in case the victim is deceased - can actively participate in the surveys and investigation, as well as appoint their own experts to determine the exact cause of the events, and thus find the truth.

Vincenzo Senatore, senior partner, commented “It is crucial that the victims, along with the dependents of the deceased, take part in the ongoing investigation, also appointing their own experts, and any likely criminal proceedings in Italy at this stage. Their participation is paramount, as it directly impacts their ability to pursue claims for damages. The survivors are entitled to claim compensation for the physical and psychological injuries they have suffered, as well as the resulting financial losses. Likewise, the bereaved relatives and dependents of the deceased can seek compensation for both psychological trauma and financial losses.” Vincenzo further emphasised “careful consideration must be given to determining which law and jurisdiction are most favourable, as these factors will significantly influence the outcome of any claims.”

Giambrone & Partners strongly recommend that all parties involved in this or any similar event should seek legal advice at the earliest stage.  There are a number of considerations and options that claimants need to consider.  For the potential claimants in this misadventure, the most suitable option maybe England and Wales as the jurisdiction under the applicable Italian law.  This may result in the most favourable outcome for the claimants and also establish the maritime conventions that the defendants can rely upon to limit their own liability. Generally, claims for tort (civil wrong that causes harm to another person) the law of the country where the incident and damage occurred is applied.  There are exceptions to this rule.  In the instance of the Bayesian sinking, there are clear links to the jurisdiction of England and Wales.

Understandably the families of the victims will want to be involved, with full participation, in all the inquests and investigations.  The inquests are the first step in learning what exactly happened, why it happened and who was responsible.  Once these facts have been established it will open the door for the victims to consider how they will proceed to receive compensation.  As  well as providing the opportunity for the regulating authorities to understand how to minimise the risk of a similar tragedy occurring again.

Vincenzo advises clients in a broad range of matters including national and international businesses, focussing on complex cross-border issues, assisting in contentious commercial issues involving share price disputes, breaches of contract and merger and acquisition disputes. 

Vincenzo is well-regarded for his astute analysis of complex situations and his agile ability to navigate the intricacies involved in cross-border disputes. He recognises that alternative dispute resolution (conciliation, mediation and arbitration) are often more suited to the best interests of the client. Where litigation is undertaken, Vincenzo is focused and rigorous in his pursuit of a successful outcome for our clients.

He also has extensive experience in cross-border criminal cases from matters involving breaches of the peace to assisting and advising on suspicious deaths abroad. 

If you would like to know more about claiming damages following an accident please contact Vincenzo's clerk Joseph Crick on JC@giambronelaw.com or please click here