Bayesian boatbuilder fires lawyer over ‘unauthorised’ €222m lawsuit
The Italian Sea Group (TISG), the builder of the doomed Bayesian superyacht that sank in Italy in August, has reportedly dismissed its legal team following the filing of a rogue lawsuit against Mike Lynch’s widow and the yacht’s crew.
The lawsuit, which sought up to €222m (£186m) in damages for reputational harm, was filed on Friday (20 September 2024) by Tommaso Bertuccelli, a lawyer working with TISG, Italian publication La Nazione first reported. TISG has since revealed that Bertuccelli had done so without the company’s knowledge or approval.
The Bayesian tragedy occurred around 4am local time on 19 August 2024, when the 56m Perini Navi-built sailing yacht Bayesian capsized during a violent storm, with 22 people on board, killing seven.
The legal action, filed in a Sicilian court, accused Lynch’s widow, Angela Bacares, and members of the crew of contributing to the sinking of the yacht due to alleged human error. The lawsuit also cited financial losses, including the withdrawal of a contract with a prominent fashion house. However, TISG quickly distanced itself from the case, stating that Bertuccelli acted independently and without board approval. As a result, TISG says he has been dismissed from his role, and the lawsuit has been withdrawn.
The lawsuit named several parties, including James Cutfield, the yacht’s captain; two other crew members; Camper & Nicholsons, the company responsible for hiring the crew; and Revtom, the Isle of Man-based company that owned the Bayesian. Revtom is controlled by Bacares, who survived the sinking alongside 14 other people, including a young baby.
In a statement issued after news of the lawsuit broke, TISG denied any involvement: “The Italian Sea Group strongly denies the claims published regarding a legal action following the Bayesian tragedy… 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 seven people who lost their lives in the disaster were Mike Lynch, his 18-year-old daughter Hannah Lynch; Clifford Chance lawyer Chris Morvillo and his wife, American jewellery designer Neda Morvillo; Morgan Stanley International chair Jonathan Bloomer and his wife, Judy Bloomer; and chef Recaldo Thomas.
In the aftermath of the disaster, TISG’s CEO, Giovanni Costantino, suggested that the crew’s failure to secure doors and portholes contributed to the sinking of the “unsinkable” yacht. Costantino’s comments sparked outrage, with a close friend of Lynch’s family telling 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.”
A separate criminal investigation is currently being conducted by Italian prosecutors, who are examining the circumstances of the sinking. Termini Imerese prosecutor Ambrogio Cartosio, who is leading the investigation, has reportedly confirmed that the captain and two British crew members are being investigated for manslaughter and causing a disaster. However, no guilt is implied by the investigation, and formal charges may not necessarily follow.
Post-mortem examinations of the victims revealed that most had been trapped below deck, with no water found in their lungs, suggesting they may have died from suffocation.
The collapse of the legal case has brought further scrutiny on TISG’s handling of the sinking and its efforts to mitigate a potential PR disaster.
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