10 year old to sue Network Rail

[whole diary]

[John R]

http://scotlandonsunday.scotsman.com/7100/Schoolboy--to-sue-over.5867401.jp

I'm not going to pass comment on this, but thought people might be interested.

[Chris from Nailsea]

Thanks for that, John: it is in the public domain. 

[Mookiemoo]

He should not have been let within a mile of legal aid.

In fact, the family should be sued by network rail for the costs of the copensation etc for Boab being such a f**kwit

[Super Guard]

Give me strength, what is the World coming to?

[welshman]

That's not as outlandish as it seems.  The law in Scotland is different from the law in England and Wales.

If the claimant can prove negligence then under the Damages (Scotland) Act 1976 section 1(4):-

If the relative is a member of the deceased’s immediate family [which includes brother and sister] there shall be awarded ...such sum of damages, if any, as the court thinks just by way of compensation for all or any of the following—

(a)
distress and anxiety endured by the relative in contemplation of the suffering of the deceased before his death;

(b)
grief and sorrow of the relative caused by the deceased’s death;

In England & Wales little baby brother wouldn't get anything. 

Which is fairer do you think?

[devon_metro]

Should the driver sue the family for the distress it may have caused him?

Glass half full...

[welshman]

If the driver could prove a case he would be entitled to recover damages from the estate of the deceased if he could also show that he had suffered a physical or psychiatric injury. If the brother's case against Network Rail succeeded, the driver could recover against NR^» (Network Rail - home page) as well.  If they were held to have negligently failed to keep the railway safe it would follow that injury to train crew was a foreseeable consequence for which they would also be liable.

2 glasses - one half full and the other half empty.   

As in every case it depends on the facts.  The general question I was posing is whether it is wrong in principle that a brother or sister should recover compensation for the negligently caused death of his/her sibling.

In Scotland, the law says recovery is possible.  In England and Wales the law says it's not.

To quote Mr Bumble (in Oliver Twist)
“If the law supposes that, the law is a ass—a idiot.”

[Mookiemoo]

That's not as outlandish as it seems.  The law in Scotland is different from the law in England and Wales.

If the claimant can prove negligence then under the Damages (Scotland) Act 1976 section 1(4):-

If the relative is a member of the deceased^s immediate family [which includes brother and sister] there shall be awarded ...such sum of damages, if any, as the court thinks just by way of compensation for all or any of the following^

(a)
distress and anxiety endured by the relative in contemplation of the suffering of the deceased before his death;

(b)
grief and sorrow of the relative caused by the deceased^s death;

In England & Wales little baby brother wouldn't get anything. 

Which is fairer do you think?

In this case, and if what I have read in various sources is true:

1. Boab was listening to his phone whilst crossing a railway line

2. The barriers were down at such time as (1) occurred

Then there should be not a penny to pay in fact Boabs family should be sued to the hilt........the guy was a moron/ape/idiot/imbecile and quite frankly has probably done the human race a favur by taking himself out of the gene pool.  Someone that moronic does not deserve to live.

[welshman]

That being so, the case stands no chance of success. 

I think your final paragraph is a tad intemperate.

[John R]

Probably, but I guess FA has had a trying night sampling the delights of Reading Station, so is a not so sweet FA. 

[Mookiemoo]

Probably, but I guess FA has had a trying night sampling the delights of Reading Station, so is a not so sweet FA. 

To be fair - I was not at REading station for long - about ten minutes before the 1751 trundled in - which I got on, and got settled and then came to a halt between reading west and tilehurst - spend about an hour there before returning to a newly formed refugee camp

There rest is history