The Ufton Nervet crash prompted a father's campaign for belts

Anjanette Rossi, 38, and her daughter Louella Main, nine, were among seven people who died after a train hit a car at Ufton Nervet, Berkshire, in 2004.

Toby and David Main were granted funds for legal representation at the High Court. Legal aid was denied in 2005.

Mr Justice Owen quashed the original decision, saying it was "irrational".

That decision was made by Bridget Prentice, the then Minister for Legal Aid.

'Lessons learned'

A judicial review was applied for on the basis there was a "significant wider public interest" in the family being represented.

Justice Owen said at that time their had been a failure "to recognise the possibility of divergence of interest between the family as the only representative of the rail travelling public and the other parties to be represented at the inquest".

He added it might enable Toby to have "the satisfaction of knowing that lessons learned from the death of his mother and sister may save the lives of others".

A 12-day inquest had been planned to start in Winchester, Hampshire, in October 2005 but was adjourned so Toby, 8, could appeal the decision that denied him legal aid.

'Human tragedy'

Mr Main had applied for legal aid, saying he could not afford legal representation as he had been on sick leave and his outgoings exceeded his income.

Michael Fordham QC had asked the High Court judge to rule the decision as illegal.

He added: "None of us should forget that the background is human tragedy."

David and Toby Main, from Speen, had gone to Newbury to collect Ms Rossi and Louella from a shopping trip, but discovered they were two of five people who had been thrown from the train's windows as it collided with a car in November 2004.