I am not so sure. I think it will be TOC claims from their insurers who then look for somebody to blame. I don’t think there will be a viable claim against NR. I am not clear there will be one against the operator of the floodgate if there was a warning out for the area. The operator might be within its rights to say, we warned you - so your job to monitor and move. Even if there was no warning I am not clear the operator caused anything claimable as there were managing a river under natural stress. It is different to, for instance, factory A’s mill pond bursting and flooding factory B.
If the insurers don’t feel they have a viable party to go after, I expect they will be thinking about telling the TOC they are not covered for the loss because they failed to take appropriate action on the basis of the warnings (assuming they were strong enough). Unless the policy is generously worded in which case maybe they will be fine.
Feels like a complex one. I will put a fiver on the insurance company paying out and a fiver on the TOC having to suck it up.
Perhaps it will have to be the TOC that sued God.
The issue seems to be that a gate was not opened down stream so that might point to the operator of the water courses incorrectly following procedure. That would be the only route to liability.
Does anyone know what flood warnings specific or more general for the area were issued ?.
However I know of someone who lives in a medium risk area (1 per 100 years *(below) and quite a small percentage of all UK housing) who gets warnings/alerts quite often (14 in the last 12 months, once for Storm Bert and 12 days later has just received a warning this evening). He seems to have learnt to ignore them although I have suggested he keeps things that are irreplaceable upstairs (eg family photo albums).
Supposing the insurers do pay out to repair the 350s and S&T infrastructure. You can bet insurance cover will not be possible to get when it comes up for renewal. That is what many victims of flooding find.
* = In the video interview the NR guy kept quoting 1 in 100 but not saying years (or any other unit). Makes me feel there is a lack of understanding there. Also he mentioned (at 5:06) "rose to a rate where we could not see railhead" not "rate" but "level" ?. Indicate he is tired ?.
EDIT
Forgot to say. It would seem a good idea to raise S&T installations in lower lying areas so that equipment and cable ends are at a decent height above the ballast. I assume that for the S&T most damage is caused to equipment BUT also water ingress at the ends of a cable - so it does not matter how low most of the cable run is as long as the open ends don't get a drink.
After all. The most severe disruption may well be as a result of damage to the route not the 5 units that cannot now run ?.
Certainly initially.