International Injury partner Chris Deacon examines the current status of the criminal investigation into the sinking of the Bayesian luxury superyacht off Sicily last August and how close the victims and their families are to getting answers to why the accident happened.

On 19 August 2024, the Bayesian superyacht was hit by a violent storm while at anchor. She capsized and sank 500 metres off the coast of Porticello in Sicily, Italy after taking on water. Twelve passengers and ten crew members were on board. Tragically, seven people lost their lives.

Following the sinking and recovery of those tragically lost from the wreck of the yacht, Italian prosecutors in the town of Termini Imerese commenced investigations into potential charges of multiple manslaughter and culpable shipwreck against the captain of the yacht, James Cutfield, engineer Tim Parker Eaton and sailor Matthew Griffith.

With the Italian criminal investigation ongoing, and inquests opened into the deaths of the victims whose bodies were repatriated to the UK, five months after the tragedy what comes next for the victims and their families in the search for answers as to what happened and why?

What is the status of the Italian criminal investigation, and how will this impact the victims and their families?

Italian authorities are continuing to investigate the possible causes of the sinking and the circumstances surrounding the incident. Investigators have suggested that responsibility for the sinking could rest with the captain and his crew and their actions leading up to the incident. These investigations are still at an early stage and are likely to continue for many months and possibly years. The examination of the yacht, if it is raised from the seabed, will be particularly important. The investigation’s eventual conclusions may involve multiple factors. Early suggestions are that the following played a key role in the tragedy:

• Human error and operational negligence, including the hatch and doors being left open and causing flooding, the keel being retracted and the captain’s decision on the positioning of the superyacht in the light of the weather forecasts and warnings.
• Design flaws in the Bayesian. Early suggestions that the Bayesian’s manufacturer may face liability for the yacht’s sinking prompted specialist superyacht manufacturer The Italian Sea Group to file a claim seeking up to £186m for “reputational damage”. The court summons was subsequently withdrawn. The chief executive of The Italian Sea Group previously claimed the Bayesian was “unsinkable” and alleged the crew’s operational negligence caused the incident.

It is important to note at this stage that no formal charges have been brought against the captain and crew. Being put under investigation in Italy does not imply guilt and does not mean formal charges will necessarily follow.

Under Italian criminal procedure, victims are only entitled to join criminal proceedings as a civil party if the public prosecutor charges the defendants and proceedings go to trial. It is important to consider carefully whether to take this step, as it may prevent civil proceedings from being brought in another jurisdiction, which may be more favourable to the victims/their families.

Why is the UK’s Marine Accident Investigation Branch (MAIB) involved in the investigations?

As the Bayesian was a UK-registered superyacht, the UK’s MAIB is also carrying out an investigation. Its report is expected to inform the facts surrounding the incident and is not thought to be attributing blame. It is unlikely the MAIB report will be published until the boat is raised from the seabed (if this goes ahead) and/or the investigation by the Italian authorities has progressed further.

What can the families expect from the inquests in England?

On 4 October 2024, the senior coroner for Suffolk, England, Nigel Parsley, opened the inquests into the four British nationals who died in the disaster: married couple Jonathan and Judy Bloomer (71 and 70), Mike Lynch (59) and his daughter, Hannah Lynch (18). The inquest at Ipswich Coroner’s Court heard from Detective Superintendent Mike Brown of Suffolk constabulary, who is reported as saying the deaths occurred when the Bayesian “for reasons yet to be ascertained, sank rapidly”.

The inquests were adjourned until 15 April 2025 to allow the Italian authorities’ investigations and the work of the MAIB to progress.

The focus of the inquests is on establishing the facts surrounding the deaths of the victims. Coroners can also consider whether any lessons should be learned and can make recommendations based on their findings during the coronial process.

One of the challenges often faced by coroners following a death overseas is gathering evidence located outside the jurisdiction. Coroners can encounter difficulties getting foreign authorities to cooperate in sharing information and evidence, notwithstanding the intervention of formal and diplomatic channels for requesting information. This can be the cause of considerable delay. It is not unusual for a coroner to seek the cooperation of the lawyers acting for the victims’ families to secure the evidence they need to conduct and conclude an inquest.

Will there be civil proceedings for damages following the tragedy?

Through the criminal proceedings, investigations, inquests and any subsequent civil proceedings, the victims and their families will naturally be focused on understanding what happened, why it happened and the lessons that can be learned to avoid a similar tragedy in the future.

The dependents of the deceased and bereaved relatives can also bring a claim for damages.

The surviving passengers can pursue claims for their physical and psychological injuries and any associated financial losses. The same applies to any crew who are not primarily at fault for what happened.

The individuals who have the legal standing to bring a claim will depend on which law applies. This requires careful analysis as the applicable law can make a significant difference to the outcome, as can the jurisdiction in which the individuals choose to bring their claim. Potential claimants could possibly establish jurisdiction in England but with Italian applicable law, which may lead to a more favourable outcome in view of the rules on damages and legal costs that would apply, coupled with the convenience and likely shorter duration of English proceedings. The applicable law will also determine which, if any, maritime conventions can be relied upon by the defendants to limit their liability.

The general rule regarding applicable law for claims in tort (for example, negligence) is that it will be the law of the country in which the damage or accident occurs. Therefore, the starting point is that Italian law would apply to any damages claims. However, there are exceptions to this rule, such as where the claimant and defendant both have their habitual residence in the same country or where the tort is manifestly more closely connected to another country.

Applicable law should not be conflated with the question of jurisdiction, namely, which courts have the authority to deal with a civil damages claim. When assessing jurisdiction, the starting point is usually the place where the defendant(s) is domiciled, meaning the sinking of the Bayesian has clear links back to England and the potential jurisdiction of the English courts.

What are the key next steps for those affected by the Bayesian tragedy?

Now that the formal avenues of investigation and fact-finding have been established in Italy and the UK, one of the most pressing issues will be ensuring that the voices of the victims and their families are heard throughout the process. This must be balanced with ensuring their interests are not prejudiced, notably in relation to arguments on jurisdiction and applicable law they may wish to preserve for the purpose of any damages claim in civil proceedings.

In Italy, it is usually recommended that the victims and bereaved families appoint lawyers at an early stage to represent them in the criminal proceedings, primarily to give them a clear voice and ensure early access to evidence before it is publicly available.

The families of the victims will also want to ensure they are able to fully participate in the coroner’s inquest and in liaising with the MAIB. This is especially so in this case, given the potentially probing nature of this procedure and the investigation as they continue to search for answers and seek to establish the truth of what happened and why they lost loved ones in such tragic circumstances.

Inquests of this kind can take time, as we saw in the aftermath of the Shoreham Airshow Disaster, where the inquest did not conclude until seven years after the crash itself. Stewarts’ Aviation and International Injury team represented the majority of families who lost their loved ones in the crash. Following the Senior Coroner’s ruling that eleven innocent men were unlawfully killed at Shoreham, Stewarts partner Sarah Stewart said: “The bereaved families have waited more than seven years to reach this point and although the Senior Coroner’s conclusion will not ease the pain of their loss, their voices have been heard.”

Our team has also assisted the families of victims of the Ethiopian Airlines 737 Max 8 crash and Papillon Grand Canyon helicopter crash, and is at the time of publication instructed by the families of Khun Vichai Srivaddhanaprabha (Chairman of Leicester City FC), Eric Swaffer and Izabela Lechowicz as the three-week inquest into their deaths in the Leonardo AW169 helicopter crash at Leicester City Football Club is underway.

In each of these cases, as with the Bayesian tragedy, the inquest process is an important step in providing answers for the families of those who have lost their lives. It also provides an opportunity to learn from what happened with the Bayesian to minimise the risk of a similar incident in the future.

You can find further information regarding our expertise, experience and team on our  International Injury page.

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