Court win for Paddington crash firm

Thames Trains won the first round today in its bid to make the taxpayer fund much of its multi-million pound compensation payout to the Paddington rail disaster survivors.

Its claim against the Health and Safety Executive, the taxpayer-funded safety regulator, is unprecedented in railway history.

Mr Justice Morland dismissed an HSE application to strike out the claim and gave the go-ahead for a full hearing of Thames's claim.

Thames has paid £12 million in compensation but the final bill will be far higher. A total of 31 people died and 300 were injured when the Thames turbo train collided with a Great Western express in October, 1999.

Lord Cullen's inquiry criticised Thames for its "significant shortcomings" in its training of the driver, who passed a red light.

Railtrack was censured for its failure to tighten safety after similar incidents in the area in 1995 and 1998 and has pledged to honour compensation claims.

In the High Court, Thames said the HSE held "specific statutory duties and a common law duty of care".

"By its conduct including its close involvement and knowledge of the Ladbroke Grove junction's infrastructure and signalling system the HSE had assumed a duty of care... towards railway users, workers and passengers," the court heard.

Hugh Carlisle, QC, for the HSE, said there was no basis in law for Thames's allegation but the judge found that "it could be reasonably argued that the HSE should be made liable for failing negligently to use their statutory powers in carrying out routine duties of inspection and supervision".