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Last Updated: Tuesday, 27 April, 2004, 18:51 GMT 19:51 UK
Fight goes on for victims' families

By Tom Symonds
BBC transport correspondent

It is just over two years since the rear coach of a West Anglia Great Northern train heading for King's Lynn in Norfolk derailed and rolled catastrophically into Potters Bar station.

Tracks at Potters Bar
Inspectors found bolts holding the points together were missing

Seven people died.

Legally, this crash was different to the railway tragedies that preceded it.

No company within the rail industry was prepared to admit it was legally liable.

This infuriated those who survived the crash - and those who lost loved ones. They simply had no idea who to blame.

The derailment was caused by a faulty set of points, which broke apart as the train passed over.

It quickly became clear the bolts holding it together were missing - they were found lying on the track alongside.

The points were owned by Railtrack, which has since been replaced by the not-for-profit company Network Rail.

Another company Jarvis was contracted to maintain them. After the crash Jarvis suggested they could have been vandalised, a comment for which it has been heavily criticised.

The victims are starting to lose hope that the legal system can provide answers to their questions
Transport correspondent
Tom Symonds
Under an industry agreement, Network Rail has been accepting claims for compensation from the victims - as if it were legally liable.

So far its paid out �1m so-called 'goodwill payments' - to ensure the legal process did not compound the trauma for those affected by the crash.

Should another company have been found to blame, Network Rail would have in turn claimed the money back.

But now, with Jarvis, it has accepted liability for the claims.

This has one important benefit for the victims - they can now take the two companies to court, should they wish to challenge the amount they have been offered.

Compensation payments are difficult to agree on, because they have to take into account the financial effect of serious injuries, of post-traumatic stress, or of losing a family member.

Claims bill

Tuesday's announcement, which appeared to have been timed to coincide with the closure of the financial markets, will also mean Jarvis pays half of the compensation.

It is expected to total �3m once all the claims are processed.

What this announcement does not do, is establish who is responsible for the crash.

Railway inspectors found the points were in a poor condition, and that was likely to have led to the accident.

During the past two years Jarvis has been under investigation for its role as the maintenance company. But Railtrack (now Network Rail) had overall responsibility for the safety of the network.

There has been a massive investigation by the British Transport Police encompassing thousands of witness statements and exhibits.

Inquiry demands

Even sending CCTV tape of the crash to the FBI for enhancement failed to provide evidence for a prosecution.

Recently police gave up "primacy" in the case - and passed it to the Health and Safety Executive.

The HSE brings prosecutions for breaches of the Health and Safety at Work Act - less serious than a prosecution for manslaughter.

It will concentrate on whether management of the line failed, or procedures were not followed.

So the victims are starting to lose hope that the legal system can provide answers to their questions.

They have been demanding a public inquiry to establish what went wrong, and why.

It seems unlikely the government will order one.


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