A legal battle has erupted following the tragic sinking of the superyacht Bayesian last month.
Court papers filed in Sicily reveal that the Italian boatbuilder behind Mike Lynch’s vessel is seeking damages of up to £186million from the crew and the tech tycoon’s widow.
The action, lodged on Friday, suggests that the Italian Sea Group (TISG), which specialises in building luxury vessels, may suffer reputational damage and loss of earnings due to the incident.
The move has sparked outrage among Lynch’s family, as the bodies of the 59-year-old entrepreneur, his 18-year-old daughter Hannah, and five others have only recently been returned to the UK.
Mike Lynch was holding ‘celebration’ after personal victory before tornado caused yacht to sinkPerini Navi Press Office/Getty
However, TISG has since denied authorising the claim, instructing the lawyer involved to withdraw it immediately.
The court papers, submitted in Termini Imerese near Palermo, reportedly name several parties as defendants.
These include the yacht’s captain, James Cutfield from New Zealand, two other crew members, and Camper & Nicholsons, the yacht management company responsible for hiring the crew.
Also named is Revtom, the Isle of Man company that owned the Bayesian. Revtom is controlled by Lynch’s wife, Angela Bacares, 57, who survived the tragedy.
Details of the legal action first emerged in La Nazione, an Italian newspaper, on Saturday morning. The lawsuit, filed by lawyer Tommaso Bertuccelli, reportedly seeks damages of up to £186million.
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However, TISG swiftly distanced itself from the claim. In a statement, the company said it: “Strongly denies the claims published in La Nazione regarding a legal action following the Bayesian tragedy.”
TISG clarified its position, stating: “Although TISG has given a generic mandate to the lawyers named in the article, no legal representative of the company has examined, signed or authorised any writ of summons.”
The 56m (183ft) Bayesian sank in freak weather conditions while anchored off the Sicilian coast on August 19. Angela Bacares was injured but managed to swim to safety, along with 14 others.
The tragedy occurred shortly after Lynch’s major courtroom victory in the US. He had faced 15 fraud charges related to the $11.7billion sale of his software company, Autonomy, to Hewlett-Packard Enterprise (HPE) in 2011.
Lynch was extradited from Britain to San Francisco, where a jury acquitted him on all counts in June.
The controversy surrounding the tragedy deepened when TISG’s chief executive, Giovanni Costantino, publicly blamed the crew before all bodies were recovered.
He told Corriere della Sera newspaper: “Everything that was done reveals a very long summation of errors. The people should not have been in the cabins, the boat should not have been at anchor.”
Costantino added that the Bayesian was “unsinkable”, further fuelling the debate.
A close friend of the Lynch family told The Times: “The Italian Sea Group should be ashamed. Giovanni Costantino is a disgrace, desperately trying to shift blame. He rushed to the media before all the bodies had even been recovered, showing his lack of decency.”
The move has sparked outrage among Lynch’s family, as the bodies of the 59-year-old entrepreneur, his 18-year-old daughter Hannah, and five others have only recently been returned to the UK
Reuters
The Italian authorities have launched a manslaughter investigation, with Captain Cutfield and at least two crew members under scrutiny. Britain’s Marine Accident Investigation Branch is also investigating the sudden sinking.
TISG, which acquired the Bayesian’s manufacturer, Perini Navi, out of bankruptcy in 2021, reportedly had agreements to build three other boats before the disaster.
La Nazione reported that the £186million claim includes the value of these contracts, suggesting potential long-term financial implications for TISG.