THE UFTON Nervet rail tragedy inquest will be delayed yet again after the Government announced today (Monday) it will appeal a recent High Court decision granting bereaved relatives legal aid.

Eight-year-old Newbury schoolboy Toby Main, who lost his mother and sister in the tragedy, took on the might of the Government earlier this month - and won.

High Court judge Mr Justice Owen, handed Toby a resounding victory when he branded the Government refusal to grant him legal aid "irrational" and a breach of his fundamental human rights.

A previous court hearing was told how, on the day of the tragedy - November 6, 2004 - Toby and his father David Main were waiting at Newbury rail station to meet his mother Anjanette Rossi, aged 38, and sister Louella Main, aged nine.

Mother and daughter had been on a happy shopping trip to Reading but the train, carrying 180 passengers, never arrived.

Both died, along with the train driver and three other passengers.

Brian Drysdale, whose car was apparently parked across the unmanned crossing as the 17:35 First Great Western Paddington to Plymouth train ploughed into it, was also among the dead.

An inquest scheduled for October 2005 was postponed by Berkshire coroner Peter Bedford after it emerged that Mr Main and Toby had been refused legal aid to be represented.

"It’s hard to understand such a cruel decision, not just for David Main and Toby but for the hundreds of other people around the country affected by this" - MP Richard Benyon

But today’s announcement has dashed hopes that the inquest will be able to proceed soon.

Newbury MP Richard Benyon, who has campaigned for legal aid to be granted, said: “I’m absolutely amazed by this – really appalled.

“It’s hard to understand such a cruel decision, not just for David Main and Toby but for the hundreds of other people around the country affected by this who just want closure. I shall be writing to Vera Baird, the minister responsible for constitutional affairs, asking if she understands the impact this will have on families.”

A spokesman for the Department for Constitutional Affairs said only: “I can confirm we will be appealing the High Court ruling.”