Seven people died on 10 May 2002 when a train derailed outside Potters Bar station in Hertfordshire.
Jarvis Rail, now in administration, was responsible for maintaining the track. It faced charges of safety breaches.
ORR has concluded that, while there remains sufficient evidence to provide a realistic prospect of conviction of Jarvis, a prosecution would no longer be in the public interest. The regulator said that there were several factors that it took into account, including:
- the changed nature of any future trial - Jarvis's administrator's have advised that they would take no part in any proceedings, while Network Rail has pleaded guilty. Under these circumstances, continuing proceedings against Jarvis would mean that any trial would be of Jarvis alone;
- a trial of Jarvis alone would be lengthy, costly, if convicted lead to only a small financial penalty and delay the conclusion of the proceedings against Network Rail.
ORR also said that it had also been swayed by relatives of the victims who expressed the view that there was little value in continuing the prosecution.
The next hearing of the proceedings against Network Rail will take place at St Albans Crown Court on 30 March when a provisional date for the sentencing of Network Rail should be set.
To read a summary of ORR's Jarvis decision view: http://www.rail-reg.gov.uk/upload/pdf/incident-potbar-overview-mar11.pdf
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