Law firm points to ‘catalogue of avoidable failures’ over Pentland Firth ferry grounding
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The owners of the ferry that ran aground on Swona almost two years ago have been accused of failing to apologise to passengers who suffered injuries.
The criticism came from law firm Digby Brown as it revealed that it had settled all civil actions against Pentland Ferries following the MV Alfred incident in July 2022, pointing to a “catalogue of avoidable failures”.
The firm said it had helped four people affected and recovered compensation totalling £50,000 via out-of-court settlements before this week’s publication of the Marine Accident Investigation Branch (MAIB) report into what happened.
MAIB found that the master of the Alfred “almost certainly fell asleep” before it ran aground on the east coast of Swona, causing injuries to more than 40 passengers and crew.
The report also said the roll-on/roll-off ferry had been “routinely passing too close to land” and pointed to a “lack of assurance that procedures were being followed”.
Recommendations have been made to the Maritime and Coastguard Agency and Pentland Ferries.
Digby Brown said no further details were known of the civil claims but previous reports suggested some of the passengers suffered injuries such as fractured bones and soft-tissue damage.
Mark Gibson, partner at Digby Brown, said: “As this week’s MAIB report confirmed, this incident was the result of a catalogue of avoidable failures and it is a real shame that Pentland Ferries has stopped short of apologising to those affected.
“Our clients suffered meaningful injuries and losses after this incident – some lost earnings after being left temporarily unable to work, while others incurred additional costs like medical treatment, so recovering compensation helps remedy these losses.
“Thankfully, all our marine accident claims concluded some time ago via out-of-court settlements long before the publication of the MAIB report.
“When it comes to keeping people safe, especially on marine vessels, it is simply not enough to heed warnings in hindsight – management have a legal duty to conduct risk assessments, address issues and prevent accidents happening in the first place.”
MAIB found that fatigue led to “loss of awareness at a critical point” during a crossing of the Pentland Firth between Gills Bay and St Margaret’s Hope in calm conditions on the afternoon of July 5, 2022.
There were more than 80 people on board who had to be transferred into two lifeboats. The impact caused injuries to 41 passengers and crew as well as damage to the Alfred’s port bulbous bow and almost all the vehicles being transported.
The investigation found the master may have fallen asleep for about 70 seconds, leaving “insufficient time for him to take action to prevent the vessel grounding”.
Pentland Ferries has been approached for comment.
Previously, the company’s managing director Helen Inkster had said: “We very much welcome the publication of the MAIB report and continue to digest its contents.
“We stand by the premise of the report, which is not to assign blame or liability but rather to ensure future accidents across the marine industry are prevented.
“While we will never be complacent, we are satisfied that all the actions that could be taken by Pentland Ferries to ensure passenger safety have already been taken.”
