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Rail firms admit liability for Potters Bar crash

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Published Date: 28 April 2004
FAMILIES of the Potters Bar rail crash victims last night welcomed the announcement that two companies had accepted liability for claims brought over the accident in May 2002 which claimed seven lives.
Both the rail infrastructure company Network Rail (NR) and Jarvis, the rail maintenance company, said they had "formally accepted liability on behalf of the rail industry for all legally justified claims brought by the bereaved and injured".

The
announcement was welcomed as a great relief by the writer Nina Bawden, 77, whose husband, Austen Kark, 75, was killed in the crash, but, she said, a public inquiry should still be held.

Faulty points near Potters Bar station in Hertfordshire caused a West Anglia Great Northern passenger train to derail on 10 May, 2002.

Shortly after the accident, Jarvis, which was responsible for maintenance on that stretch of track, said that sabotage could not be ruled out.

However, subsequent interim reports into the accident by the Health and Safety Executive (HSE) found no evidence of this claim.

In March 2004, it was announced that British Transport Police was handing over the lead in the investigation into the crash to the HSE, which said last night that the liability announcement would not effect its on-going inquiry "into the root cause of the crash".

Network Rail said: "Network Rail and Jarvis hope that by formalising the liability issue, those affected by the tragedy will gain some level of comfort and assistance.

"In the meantime, the industry parties will continue to work with the HSE as its investigation continues."

Kevin Hyde, the chief executive of Jarvis plc, said: "Everyone at Jarvis was deeply saddened by the tragic event at Potters Bar and its terrible impact on the lives of the victims, their families and friends."

Ms Bawden, who spent two months in hospital after being seriously injured in the crash, said: "It’s a great relief that liability has been admitted, but it does not diminish the need for a public inquiry.

"Not knowing who has done something is very distressing and it’s very important that someone admits what they have done.

"I just wonder why it has taken so long for this announcement. I think a public inquiry is necessary."

The HSE could still bring charges under the Health and Safety at Work Act. Earlier this month, Thames Trains was fined a record £2 million after admitting health and safety offences over the 1999 Paddington rail disaster, which claimed 31 lives.

Louise Christian, who is representing five of the bereaved families, called the admission a "cynical manoeuvre" and called for a public inquiry.



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