Court bid for crash inquiry fails

13 April 2012

The family of a victim of the Potters Bar rail crash have failed in a High Court plea for a public inquiry to be held into the disaster.

Taiwanese journalist Chia-hsin Lin, 29, was one of seven people killed in the May 2002 derailment.

Her parents, Kuei Chih Lin and Chen Far Lin - backed by friends and relatives of other victims and by many of the injured - had sought a court order requiring former Transport Secretary Alistair Darling to launch a wide-ranging inquiry into what happened.

But Lord Justice Moses said a "full and enhanced" inquest, with senior High Court judge Mr Justice Sullivan sitting as a deputy coroner, was to be held early next year and this should meet all the parents' demands.

If it did not, Mr Darling had given an assurance that he might still consider ordering a public inquiry.

Lord Justice Moses rejected arguments that the refusal of the Department for Transport in December last year to order a public inquiry was a breach of the "right to life" provisions of Article 2 of the European Convention on Human Rights because member states were obliged to investigate deaths where the state might be at fault.

Last October, the Crown Prosecution Service announced that no corporate or individual manslaughter charges would be brought against Network Rail or line maintenance company Jarvis.

The two companies admitted civil liability in relation to the crash.

Public inquiries have been held into the Clapham, Ladbroke Grove and Southall rail crashes.

The Potters Bar crash happened on May 10, 2002 when the 12.45pm London to King's Lynn train derailed, killing seven people and injuring a further 40.

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