« Dispute throws BA into turmoil at Heathrow | Main | Bowker squeezes through revolving cat-flap »

Bereaved novelist sues for £300,000 over rail crash

The Times online: August 11, 2005
By Rajeev Syal

NINA BAWDEN, the novelist who was seriously injured and saw her husband die in the Potters Bar train crash, is in a legal battle for compensation of at least £300,000.

The author of more than 30 works is suing Network Rail Infrastructure and Jarvis Rail for damages through the High Court. A writ has been issued after three years of legal wrangles over the levels of compensation for victims and families. So far, bereaved families have received about £10,000 each, the legal minimum.

Ms Bawden, 80, was confined to bed for months after the high-speed King?s Cross to King?s Lynn train derailed on May 10, 2002. Her husband, Austen Kark, 75, was one of the seven people killed. She had been appalled by the behaviour of both companies, which have now admitted responsibility for the crash.

?It has been more than three years, and it is quite clear that Network Rail and Jarvis are intending to be as mean as they can be,? she said yesterday. She is claiming compensation for her injuries and for the loss of her husband. ?I was in hospital for months. Then I had day and night nurses at home for several months.

?Even today, I cannot walk very far because I have a smashed ankle. I am sure that my healthcare alone has cost me much more than £300,000. The companies have made interim payments, but not nearly enough,? she said.

In her book Dear Austen she writes about the crash and how it galvanised her to fight for justice for the people killed. ?The campaign for compensation has helped to distract me from my own immense loss, and the claim is part of that,? she said.

?Those of us who lose loved ones in an instant realise that it is not like an ordinary death. If someone is ill and dies, you have time to say goodbye. We did not get that chance.?

The King?s Lynn train was derailed because of a faulty rail. The first-class carriage, where they were sitting, was wedged under the platform canopies.

Mr Kark, head of the BBC?s World Service, died instantly. Ms Bawden?s life was saved by a passenger, but she underwent several major operations.

The writ blames the crash on the wheels being squeezed by poorly constructed rails, which forced the flanges to ride up the rails and derail. The previous day a rail worker had reported a rough ride in the area but his message was misunderstood and became confused, which led to an inspection team being sent to the wrong part of the track, High Court papers say.

Jarvis and Network Rail Infrastructure admitted fault last April, but have not reached a settlement with Miss Bawden, who sues in the name of Mrs Nina Kark.

Victims? families were led to believe news reports that they would get up to £1 million. Payouts for the 1999 Paddington disaster, in which 31 died, were between £100,000 and £1 million. Jarvis, worth £600 million at the time of the 2002 crash, but now valued at only £42 million, has refused to increase payouts and, because of its financial situation, the company is now less likely to reach agreement with families, according to industry insiders.

Victims? families were upset further when Kevin Hyde, the chief executive of Jarvis, received a pay-off package last year that was worth an estimated £500,000.

John Armitt, the chief executive of Network Rail, was awarded a bonus of £269,757 in May this year, although the company still lost £164 million last year and its debt rose from £12.6 billion to £15.6 billion.

A spokesman for Network Rail said that the company will comment more fully after the High Court hearing, adding: ?We hope for a fair and amicable settlement. Bereaved families have received an ex-gratia payment of £10,000 and, on top of that, all funeral expenses were met. Dependants of those who died can claim for compensation through the courts.?

A spokesman for Jarvis said: ?We would like to see the issue resolved as soon as possible for the sakes of the victims and their families.?