This latest report is a key landmark of the process in which authorities try to ensure there is never a repeat of the Stonehaven tragedy.
However, it is not quite the end of the story.
While the Rail Accident Investigation Branch has now concluded its investigation, it will monitor Network Rail in the coming months and years to ensure its recommendations are implemented.
Meanwhile, other authorities are conducting a separate probe to establish if there should be any criminal proceedings related to the crash.
Police investigation
Police Scotland, British Transport Police (BTP) and the Office of Rail and Road (ORR) regulator are working on that investigation.
It is understood they have already given an interim report to the Crown Office, but their final report is not yet complete.
When their work is done, they will pass a file to the Crown Office, for the attention of the Lord Advocate, Dorothy Bain QC.
The Crown Office is not expected to make the findings public.
The only way we would get an insight into them is if someone is charged and details are revealed during any court case – but that is not to say anyone expects that to happen.
‘Our thoughts are with the families’
An ORR spokeswoman said: “This joint investigation is now in its final stages and we anticipate handing over the final report to the Crown Office and Procurator Fiscal Service in the coming months.”
When asked for comment on the progress of the report, Police Scotland and BTP referred us to the Crown Office.
A Crown Office spokesman said: “Our thoughts are with the families of Donald Dinnie, Brett McCullough and Christopher Stuchbury at this time.
“A joint investigation into the deaths by Police Scotland, British Transport Police and the ORR is ongoing and, once complete, will be fully considered by the Crown Office and Procurator Fiscal Service.
“The families will continue to be kept updated in relation to any significant developments.”
Compensation battle
Meanwhile, legal firms representing the six crash survivors and the families of the three people who died will now ramp up their negotiations with Network Rail over compensation.
While the matter could in theory go to a civil court, sources familiar with the case have told us that is highly unlikely.
One source told us: “Since the crash, Network Rail has been very good providing support for the families and has been working with the parties supporting the families, so it would be quite a departure for them to become adversarial.”
However, another source said: “The lawyers will have in their mind a sum for each individual client that they consider reasonable.
Nine settlements
“Should an offer to be made for that figure, they might tell their client ‘if you go to court, you’re not likely to get any more than that’.
“If a fair offer isn’t made, it would go to court. And if a fair offer is made, the client is free to reject it if they consider justice not to have been done. And then it would go to court.”
It is likely nine individual settlements will be agreed with those impacted by the tragedy, based on the cost of things like private medical bills, physiotherapy and counselling and lost earnings past or future.
‘It’s not like TV dramas’
As one source close to the case put it: “Some people think it works like on TV dramas – as though your moral compass says ‘this family should get £20 million’ or whatever, but it doesn’t work like that.
“Everything is measured to reflect actual financial losses. It comes down to payslips.”
One of those representing the victims is Neil Davidson, partner at Digby Brown Solicitors.
He told us: “On the basis of the report and now that we know what happened, we will be advising the families accordingly as to how we believe things should proceed.
‘The families deserve justice’
“We know there was negligence.
“That has led us to where we are now and somebody has to be held accountable for that.
“The families deserve justice and we will do all that we can to get it for them.
“The families want closure and want action for the future to ensure nobody else has to go through what they have gone through. They want accountability.
“We don’t agree to stop pursuing a legal complaint until our client has achieved justice as defined by the Scottish courts.”
He added: “Right now, as a bare minimum, those responsible for running and managing the railway need to swiftly provide survivors and families with the support they deserve while implementing all of the RAIB’s recommendations in full and without delay.”
Lisa Gregory is a solicitor at Grant Smith Law, which is representing the family of Christopher Stuchbury, the passenger who died in the tragedy.
She said the report “seems to be highly critical of both ScotRail and Network Rail” and added: “They were responsible in law for the operation of the service, the rolling stock, track and signalling.
“It is hard to comprehend not only their failures to respond to the developing situation on the morning of August 12 2020, but also their multiple historical failures of management and assurance.”
