Great Western Coffee Shop

The sister-in-law of Ruby Wax, the comedian, died after being hit by a train while walking her dogs across a countryside railway line.

Julia Canning, 55, was hit on a foot crossing over the main Bristol-London line near her home in Wiltshire.

It is thought Mrs Canning was hit when she ran onto the tracks to rescue her dogs Tigger and Jazz after they ran onto the line.

Jazz, a dalmation, was also killed, but Tigger, a rescue dog, managed to find his way back to the house with his lead still attached, following the incident last Wednesday.

Wiltshire Police, British Transport Police, paramedics and an air ambulance with a doctor on board were called to the scene but she had died from her injuries. British Rail transport police are now investigating the incident that occurred in the village of Little Bedwyn, near Hungerford, Berkshire.

Network Rail said they do not have the power to close pedestrian crossings permanently because they are public rights of way. But the Little Bedwyn crossing has been locked temporarily while investigations continue into the tragedy.

A rail company spokesman said "It is up to people using the crossings to heed the warning signs. There are clear signs saying people should stop and listen and at Little Bedwyn there is a phone they can use to check if any trains are coming."

Safety steps at crossing where woman died 'inadequate'

A level crossing where a woman was killed had inadequate measures for pedestrians to see trains approaching, safety investigators have found.
Julia Canning was hit by a train at the Fairfield crossing, near Little Bedwyn, Wiltshire, on 6 May 2009.
The Rail Accident Investigation Branch (RAIB) report said Mrs Canning, who lived nearby, may have been distracted by her dogs.
Network Rail said signs for approaching train drivers had been improved.
The RAIB said Mrs Canning was struck by the 1708 service from Newbury to Bedwyn which was travelling at 69mph.
CCTV showed her walking on to the track with her two dogs and breaking into a run as she reached the centre of the railway.
The report said sighting distances at the crossing did "not provide adequate warning time".
And it added: "Network Rail's processes for the management of risk at footpath crossings do not provide adequate guidance on the action to be taken when sub-standard sighting is identified."
The report said that in early 2010 Network Rail gave special authorisation for trains to sound their horns 400m (1,312ft) away from the crossing in both directions.
The RAIB recommended that Network Rail also reviews the way it assesses level crossing risk to ensure the impact of limited sighting at footpath crossings is taken into account.
It also recommended Network Rail give guidance to risk assessors on ways of marking where level crossing users should stand to get the best view to decide whether to cross.
A Network Rail spokeswoman said: "It was a tragic incident and our thoughts remain with the family. We treat every incident seriously and we have taken steps to improve signages for drivers since the incident. We are currently reviewing the report today and will seriously consider any further recommendations put forward by RAIB."

From the BBC (http://news.bbc.co.uk/1/hi/england/wiltshire/8677482.stm):
A Network Rail spokeswoman said: "It was a tragic incident and our thoughts remain with the family. We treat every incident seriously and we have taken steps to improve signages for drivers since the incident. ."

???   I thought it was a foot-crossing

Network Rail sued over Julia Canning level crossing death

Network Rail is being sued by the widower of a woman killed on a level crossing in Wiltshire three years ago.

Julia Canning, 55, was walking her dogs when she was hit by a train at the Fairfield crossing near Little Bedwyn on 6 May 2009.

Spencer Canning is taking legal action against Network Rail for ^600,000 for negligence.

Network Rail said it would be inappropriate to comment on any legal proceedings at this stage.

In June, Network Rail was fined ^356,250 after the Office of Rail Regulation (ORR) found it had failed to provide a safe crossing for pedestrians following Mrs Canning's death.

The sentencing at Southampton Crown Court followed a lengthy investigation by the regulator.

Mr Canning said: "I have never recovered from my wife's death.

"The papers have been lodged in the High Court - Network Rail has acknowledged receipt.

"It is a painful but necessary step."

Widower of Little Bedwyn rail crossing victim launches ^500,000 damages claim

(http://www.gazetteandherald.co.uk/resources/images/2967727/?type=articleLandscape)
The Fairfield crossing point where the tragedy happened

The widower of a woman killed by a train after serious safety blunders at a level-crossing near Marlborough has launched a claim for more than ^500,000 damages from Network Rail.

Succesful cookery writer Julia Canning, 55, was hit by a train at the Fairfield crossing while walking her dogs near her home in Church Street, Little Bedwyn, in 2009.

Network Rail was fined ^356,250 at Southampton Crown Court in June 2012 after a judge found that it had breached health and safety laws.

Mrs Canning's husband, the honourable Spencer Canning, 61 - the eldest son of the 5th Baron Garvagh - launched legal action against Network Rail for damages arising from the mother-of-three's tragic death. Network Rail has admitted liability for the fatal accident but is set to fight the chartered surveyor in a trial next month over the value of his claim.

Today, a High Court judge heard an application by Mr Canning, of Bottlesford, near Pewsey, to admit new evidence in relation to his wife's income at the time of her death.

Mrs Canning was struck by the First Great Western 17:11 service travelling from Newbury to Bedwyn on May 6, 2009 while walking her dogs, Tigger and Jazz.

Following Network Rail's fine, the Office of Rail Regulation said: "The criminal charges resulted from Network Rail's failure to act on substantial evidence that pedestrians using the crossing had insufficient insight of approaching trains.

"Pedestrians were therefore exposed to an increased safety risk when using the crossing."

Today, Robert Glancy QC, for Mr Canning, said "liability is now admitted in full" by Network Rail.

However, lawyers remain in dispute on the issue of Mrs Canning's earning power, which will have a crucial impact on the amount of her widower's damages payout.

Mr Glancy said Mrs Canning worked as a freelance publisher and editor of cookery magazines and books but also as a director of her husband's property investment business, Asset Plus One Ltd.

The QC added that Mrs Canning, who owned shares in the business, received dividends and pay from the company for the "substantial" role she played in running it.

Mr Glancy said Mrs Canning was "responsible for the company website" and "accompanied clients to business events", as well as "acting as a sounding board for her husband's business ventures".

However, Network Rail disputes the importance of Mrs Canning's role in the company.

Forensic accountants for both parties have analysed the couple's finances and remain split on the issue, Mr Glancy explained. The QC today asked the High Court to admit new evidence in the form of a witness statement made by Mr Canning, which sets out the nature of his wife's earnings from Asset Plus One.

He said it would add "explanation and clarification" of disputed facts bound to arise in the trial and that Network Rail's objections to its admission were "all froth and lacking in substance".

But Jonathan Watt-Pringle QC, for Network Rail, said the application had been made late and that Mr Canning's statement contained "new assertions" from those initially put forward.

The QC insisted that, before Mrs Canning's death, her income was "modest" while her husband's was "very substantial". He claimed that there had previously been "no suggestion at all that Mrs Canning made any practical contribution" to her husband's business.

Mr Watt-Pringle said that Mr Canning's original case was that his wife planned to rapidly increase her income by "riding the wave of popularity" of cookery literature, to bolster his finances after he suffered a health scare in 2009.

As such, the QC argued, the bid to admit new evidence was an impermissable attempt to widen his claim just a month before the trial is due to be begin.

Judge David Mitchell reserved his judgment on the issue. The full hearing of Mr Canning's case is due to begin at the High Court in May.

(http://www.gazetteandherald.co.uk/resources/images/2967727/?type=articleLandscape)
The Fairfield crossing point where the tragedy happened

I just want to point out that the photograph is incorrect as it shows the crossing at Pewsey on the footpath to Knowle. It is not Fairfield crossing.
Although, many have called the safety of this into question. There is no telephone available, and its on a fair bend of 100mph track. There is very little warning of westbound trains, yet it amazes me the number that use it who just wander across without stopping to look and listen first.

Husband of Ruby Wax's sister-in-law wins Network Rail payout over her death at level crossing
Julia Canning, 55, died at a public crossing at Fairfield, near Marlborough
She was struck by an express train as she took her pet dogs walking
Her husband has revealed he has settled out of court with Network Rail
It comes after a bitter two year battle for compensation with the rail giant
Network Rail was fined ^356,250 with ^19,485 costs for breaches of the health and safety law which led to her death

The husband of Ruby Wax's late sister-in-law has reached a ^compromise deal^ with Network Rail over a High Court Action he brought over her death at a level crossing.

Mother-of-three Julia Canning, 55, died at a public crossing at Fairfield, near Marlborough, Wiltshire, in May 2009. She was struck by an express train as she took her pet dogs Tigger and Jazz over the railway line.

Now Chartered surveyor The Honourable Spencer Canning, 61, yesterday revealed he has settled ^out of court^ after a bitter two year battle for compensation. He refused to say how much money he got - but said ^it was considerably less^ than a ^600,000 claim he entered. 'It is over. I have closed the book on that episode of my life. There was a compromise to be reached and that was finally agreed. Both sides have agreed. From our side we have had enough. We had been trying to get satisfaction out of them (Network Rail) for two years.'

Network Rail was fined ^356,250 with ^19,485 costs at Southampton Crown Court for breaches of the health and safety law which led to her death after a prosecution by the Office of Rail Regulation.

In June 2010 a verdict of accidental death was recorded at her inquest. Network Rail confirmed it had come to an ^out of court settlement^ with him.

But in a savage aside at Network Rail Mr Canning said: 'They were so combative through the whole process. It felt on many occasions we were the guilty party not they. I have had to produce over 80 documents detailing the complete finances of myself and Julia and the family circumstances. I felt like a criminal -they have been obstructive right the way through the process. There is no recognition on behalf of Network Rail as to the devastation that follows this type of horrendous event.

He is so furious at his treatment that he is contacting his MP Claire Perry - who is also the RAIL MINISTER - to see if there is anything he can do to help other people who are victims of similar events.

'For many other victims the attitude of Network Rail remains a disgrace.'