IT TOOK four years and thousands of pounds for Canal & River Trust to eventually admit it had lost the claim by a boater whose boat was hung-up in a lock causing it to sink.
There is a protrusion below the water level of Bank Newton Lock (40) on the Leeds & Liverpool Canal that is dangerous as it causes boats—when there are two in the lock—to hang, tip and sink.
Which is exactly what happened to Patafea pecosa on the 10th August 2012 with the Trust doing all it can to avoid responsibility, but four years later a settlement has been agreed. Its owner, Kenneth Churchill, tells the sorry tale:
Out of Court Settlement
An Out of Court settlement has been agreed by the Canal & River Trust (CaRT) regarding my boat hanging-up on the chamber wall and sinking in Bank Newton Lock (40), Leeds & Liverpool Canal, near Gargrave, on 10th August 2012.
Note: My boat hung-up on the chamber wall, not the 'Cill'.
After four years of litigation I am now free to describe how our boat hung-up and sank in less than two minutes and warn boaters of the hidden protrusions below water level which remain today. The Canal & River Trust have not carried out any Lock 40 remedial work.
Unaware of the risk
For the past four years and many years previously, while CaRT have on record at least six previous Lock 40 chamber wall hang ups, it has been known to CaRT, boaters have been kept unaware of the risk of hanging-up on a hidden protrusion on Lock 40 North Chamber Wall, 12 feet from the tail-gate recess, two blocks below the coping stone, where the North chamber wall is six inches out-of-vertical.
(The photograph shows the interior of the boat after it was pumped-out.)
My wife was at the helm and our four year old grand niece was inside the boat watching a DVD when our boat hung-up.
The bottom gate paddles were being opened slowly and sequentially, two turns of the windlass at a time. Forty four turns of the windless are required to open wide one Bank Newton Bottom Gate Paddle.
Paddles immediately closed
Within no more than six turns the alarm was raised and both paddles were immediately closed. On completion of opening a top gate paddle I was aware that water was pouring over the Starboard 'cant', down the steps and into the boat. The flood water was pouring through the legs of the owner of the second boat in Lock 40 who was calling support to my wife inside the boat. Thankfully the Port side hatch door was open and by breaking the side hatch glass I was able to rescue my wife and four years old Cara before the boat sank.
Within minutes CaRT staff happened on the scene.They were carrying out a routine Friday afternoon check of the Bank Newton Flight.
It took CaRT staff about four hours to drain the lock and the pound, pump out the boat, refloat it and re-open the navigation.
Early in this operation I told a member of CaRT staff that I did not understand how our boat hung-up. There was no evidence of scars in the area of the bottom gate or its recess. He asked me to follow him across the bottom gates. Turning and pointing at the North Wall he said:
"See that scarring on the ledge, 12 feet from the bottom gate, third stone down. The Port base-plate hung-up on that ledge tilting the boat to Starboard to rest against the bottom gate. The Starboard Stern rested against the other boat in the lock. Wedged at three points as the water level dropped, the only way the boat could move was down by the stern. One inch drop in water level at the bows was about ten inches at the stern. You did not stand a chance."
He knew more than he was prepared to disclose.
Never have been allowed to happen
Soon after another member of CaRT staff, unsolicited, told me:
"This accident should never have been allowed to happen."
I asked him to explain and he repeated:
"This accident should never have been allowed to happen."
Again I asked him to explain and he walked away repeating:
"This accident should never have been allowed to happen."
He also knew more than he was prepared to disclose.
Previous incidents had occurred
It was quite clear to me that previous Lock 40 incidents had occurred. September 2012 Waterways Manager, Iain Weston phoned me and said he was arranging CaRT Solicitors to provide me with 2012 Lock 40 Monthly Asset Reports. However, to this day they have not been disclosed.
Initially my only interest was that CaRT carries out Lock 40 remedial work to safeguard boaters. After numerous false promises and deceptions by waterways managers I was forced into litigation, represented by Attwaters Jameson and Hill of Harlow. We pursued CaRT in negligence and under the Occupiers Liabity Act 1957. It was necessary to get a Court Order forcing CaRT to disclose documents that should have been disclosed voluntarily.
Quoting Tony Roome Chairman of Royal Yacht Association:
"Getting Court judgements and resolving disputes with a public authority can be an expensive and time-consuming business, especially for individuals. It's important for the image of CaRT—and this is critical now that it is a charity—that it is seen to exercise its powers transparently, and with discretion and compassion."
Too frightened to cruise again
The former was certainly so, taking four years, seriously affecting the health of myself and my wife who is too frightened to cruise ever again. Our live-aboard lifestyle ruined.
Over the four years of litigation CaRT did not exercise its powers transparently or with discretion and compassion. CaRT did waste charity money by not carrying out remedial work when it was obvious that there were at least six recorded chamber wall hang-up 'trends' at Bank Newton Lock 40.
My insurers declared:
"We don't take up a case against CaRT because nobody ever wins against CaRT."
Within three weeks of the accident the insurers paid out on the basis that our 16 month old live-aboard home was a total loss.
Confirmed suspicion
Many months later, when CaRT were given a Court Order to provide information, I discovered the two CaRT staff had submitted Incident Reports for chamber wall hang-up Incidents at Lock 40 and other locks in the Bank Newton Flight. This confirmed my suspicions that previous Lock 40 incidents had occurred.
The reason why this ledge is subject to hang-ups became clear in July 2013 when I took photos of fresh scarring in the area of Lock 40 ledge. I noticed that above the fresh scarring the North Chamber Wall was six inches out-of-vertical. Closer examination (see attached photo) proved that, being six inches out-of-vertical, it is not possible for the chamber wall to fend a boat away from the ledge. In fact it places the boat on the ledge. CaRT have neither accepted or denied this fact.
Should be kept free of protrusions
CaRT adopted and Approved 'Standard for Public Risk Management' Pages 66 & 67, 'Lock Chambers and Gates must be kept free of protrusions which could cause snagging of vessels'. In my opinion Mr Stammers, CaRT Head of Health & Safety, has failed in this regard.
Remedial re-pointing of Lock 40 North Chamber Wall was carried out 2006 and 2009. Between 2009 and August 2012 CaRT re-dressed the ashlar masonry blocks under the North chamber wall coping stones, about six to 16 feet from the North chamber wall tail-gate quoin. This re-dressing (chiselling off the top edge of the ashlar masonry blocks) and the out of line coping stones above is why the wall is out-of-vertical in that area and the cause of so many boat hang-ups.
(The picture shows the Lock 40 out of vertical north chamber wall with a vertical rope.)
24 recorded hang-ups
Of 24 recorded Leeds & Liverpool Canal chamber wall hang-up incidents on record, 22 were at the Bank Newton Flight. Eight at Lock 38, Seven at Lock 40, including my boat sinking. Also a wide-beam craft which hung-up on the ledge third block down. Reference CaRT Incident Report: 'It has been reported that on 02.04.2010 a wide beam craft was going down into lock 40 & the bottom plate caught on a projecting ridge stone on the tow path side, 3rd course to square quoin. Crew started to shut down tail gate paddle & boat slipped off stonework'.
Despite CaRT Incident Records listing at least six chamber wall hang-ups prior to my boat hanging-up and sinking CaRT failed to recognise or admit the risk and high probability that their customers can and are hanging-up on the hidden protrusions below water level of Lock 40 North Chamber Wall.
How many not reported
On three occasions during the past four years we took photos of fresh scarring in the area of Lock 40 out-of-vertical wall, leaving one to wonder how many boat hung-ups are not reported.
CaRT's Boaters ' Handbook page 24 'If you do have an accident, or near miss, you should report it to the local waterway officer or member of staff on the bank. Your report could help to save others'.
Our reported accident has been almost totally ignored by CaRT.
It appears that CaRT have failed to implement their Minimum Safety Standards by not displaying warning signs as recommended after a Lock 40 site visit by Anthony Stammers, CaRT Head of Health & Safety, June 2013. Also as recommended by Health & Safety Executive (HSE) Mr Whittaker,October 2015.
I reported the accident to HSE and they asked CaRT to investigate and prepare a report. The outcome was that the HSE recommended to CaRT that as a minimum they should put up warning signs to alert boaters to the risk of boats hanging-up. (HSE Documents available on request.) This signage has not yet been erected and the wording that CaRT suggest will not alert boaters to the risks that exist.
Alert boaters using the lock
I have made suggestions for appropriate signage but as yet do not know whether my recommendations will be taken on board. In the meantime I want to alert all boaters to this risk and to recommend that boaters do not lock down Lock 40 with any one inside the boat, use fenders, keep the boat clear of the chamber walls and lower the water level slowly.
The correct solution is for CaRT to restore Lock 40 North Chamber Wall to vertical by aligning the coping stones and ashlar masonry stones below them. Also incorporating a 'Rubbing Stone' under the coping stones to ensure boats are fended off and away from the hidden ledges below water line. A weekend work camp for the Waterways Recovery Group?
Little regard for health and safety
Meanwhile readers, now aware of the risk of chamber wall hang-ups at Lock 40, should take extreme care because CaRT Health & Safety appears to have little regard for boaters health and safety or the four years of CaRT litigation hell my wife and I have been subject to.