Train crash killer loses payout bid

In March 2003, Kerrie Gray pleaded guilty to the manslaughter of 42-year-old welder John Boultwood, on August 19 2001, on the basis of diminished responsibility.

He was ordered to be detained and is not expected to be discharged from Runwell Hospital, Wickford, Essex, until 2008.

Gray, who suffered minor lacerations in the October 1999 crash in which 31 people died, stabbed Mr Boultwood after he walked in front of his car and banged on the windscreen.

His counsel Anthony Scrivener QC told Mr Justice Flaux at London's High Court: "This is a case in which a law-abiding man has been turned into a criminal."

He said that Gray, 47, of Tilbury, Essex, was entitled to be compensated for losses caused by the admitted negligence of Thames Trains Ltd. and Network Rail Infrastructure Ltd.

The companies said that he was not entitled to any compensation on the legal principle of "ex turpe causa" - meaning that a right of action does not arise out of an evil cause.

The judge dismissed Gray's claim so far as it related to losses suffered after the act of manslaughter although he said that losses suffered before that date should be recoverable - which was not disputed by the defendants.

He refused leave to appeal although Gray can apply directly to the Court of Appeal.

The amount of any compensation is likely to be agreed between the parties.