Solicitors pledge rail fight

POTTERS BAR CRASH: lawyer slams government failure to order a public inquiry into disaster

Solicitors representing victims of the Potters Bar rail crash this week vowed to step up their fight for justice, and launched a scathing attack on the government over its failure to order a public inquiry into the disaster.

Speaking at a press conference at the Law Society in London, Louise Christian, partner at civil liberties firm Christian Fisher Khan, revealed that she had written letters before action to Railtrack, sub-contractors Jarvis and the Health and Safety Executive (HSE), and that she intended to issue proceedings 'imminently'.

Seven people died and more than 70 were injured in May when the accident occurred.

Ms Christian said the fact that five months on no one had admitted liability and the government had resisted calls for a public inquiry meant solicitors' investigations were bogged down by practical and financial problems.

'We don't think it is fair for the government to stand back and put the burden of the investigation on the bereaved - especially as we as solicitors are acting on a no- win, no-fee basis and it was the government that abolished legal aid in personal injury cases,' she argued.

Law Society chief executive Janet Paraskeva said Chancery Lane gave its full support to the solicitors' campaign, and complained about uncertainty over whether justice would be achieved.

'[Victims and families] are facing an uphill struggle which will be potentially slow and also very expensive,' she added.

A spokesman for the Department of Transport said it sympathised with the concerns raised.

'We are waiting for the results of the HSE investigations to get a clear idea of what the issues are so that we can decide whether there would be benefits in calling a public inquiry,' he said.

A statement from Railtrack agreed that the issue of industry liability could not be solved until the investigation had concluded, but stressed that compensation would be paid in the future.

'No liability issues stand in the way of claims being lodged, considered and settled,' it added.

An HSE spokesman said that as a regulator it did not accept liability for the accident as it did not consider it had a common law duty of care in such a situation.

Paula Rohan