Jarvis to escape prosecution over Potters Bar crash

[DaveNewcastle]

The Guardian 18/Mar/2011:

Lawyer for relatives of victims condemns 'farce' as rail regulator looks set to drop criminal case against maintenance firm

Jarvis will escape prosecution for the fatal Potters Bar train crash after the rail regulator is understood to have dropped criminal proceedings against the maintenance firm.

A lawyer representing families bereaved in the accident slammed the nine-year quest for justice as a "farce", particularly as the taxpayer is instead likely to underwrite a looming six-figure fine for Network Rail over its liability for the incident.

The Office of Rail Regulation (ORR) is preparing to announce that it will not seek a prosecution over the derailment of a train outside Potters Bar station, Hertfordshire, on 10 May 2002 in which seven people died.

Full story : http://www.guardian.co.uk/uk/2011/mar/17/jarvis-potters-bar-crash

 

[TDK]

The Guardian 18/Mar/2011:


Full story : http://www.guardian.co.uk/uk/2011/mar/17/jarvis-potters-bar-crash

How can you prosecute a company that no longer exists

 

[caliwag]

I always wondered that. I suppose the point is that after any kind of mishap involving loss of life, all companies would liquidate...and then, of course, start again under a different guise. What is fatboy Norris doing now? Complete joke at the taxpayers expense...bah!

 

[Statto]

The crash happened nearly 9 years ago, so why has it taken so long to make the decision not too prosecute them? :mad:

 

[ralphchadkirk]

The crash happened nearly 9 years ago, so why has it taken so long to make the decision not too prosecute them? :mad:

Because it is a long and complicated case that strikes right at the heart of privatisation.

 

[DaveNewcastle]

How can you prosecute a company that no longer exists

I was once a party to an administrative matter which was escalated to the House of Lords (after several Appeals and Judicial Reviews), but by the time we got there, so much had changed; even the Act under which we'd been challenging the Decision had been revoked!

So, on opening the hearing in the HoL, 'our side' began with the simple question: Will your Lordships be willing to hear our plea now that the Law has moved on and the relevant laws have since been repealled?
And the Law Lords reply was something like: Yes. We're often asked to form a judgement on matters which are no longer relevant. Please proceed. We are hear to listen to your request.

(for the benefit of people on here who like to think of the Courts as a place where someone's particular story will be listened to sypathetically and a Decision reached based on that sympathy, then I'm sorry to say that they don't. The Law Lords, now the Supreme Court, is possibly the only exception).

So, what was the point in that hearing? Its the same with Jarvis. The result determines who must pay the Costs of all the preceeding cases in the other Courts. Nothing else.

 

[WatcherZero]

The crash happened nearly 9 years ago, so why has it taken so long to make the decision not too prosecute them? :mad:

Legal action cant proceed until all the enquiries had finished.

 

[Ploughman]

The company may have gone but the men on the ground responsible for day to day maintenance are probably the same ones now as they were then.
Just the name on the van changed.
Do you still feel safe in their hands?

 

[ralphchadkirk]

The company may have gone but the men on the ground responsible for day to day maintenance are probably the same ones now as they were then.
Just the name on the van changed.
Do you still feel safe in their hands?

Yes, I do.

 

[Old Timer]

Last month Network Rail told Watford magistrates court that it would plead guilty to track safety failings that caused the derailment. Network Rail admitted failings over the installation, maintenance and inspection of stretcher bars, which hold rails apart at the correct width for train wheels.

The owner of Britain's tracks and stations inherited the liability for Potters Bar after it replaced Railtrack months after the crash and it will be sentenced at St Albans crown court on 30 March.

No further comment required.

 

[asylumxl]

Yes, I do.

Me too. Been traveling for years and so far not dead!

 

[ainsworth74]

Me too. Been traveling for years and so far not dead!

Touch wood

 

[asylumxl]

Touchwood

Indeed. Back on the rails tomorrow .