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Hammer attack man refused damages Hammer attack man refused damages
(about 1 hour later)
A teenager who was left brain damaged in a hammer attack at his school has lost his High Court battle for compensation.A teenager who was left brain damaged in a hammer attack at his school has lost his High Court battle for compensation.
Henry Webster, 18, had taken legal action against Ridgeway School in Wroughton, Wiltshire, where he was assaulted by a gang in 2007.Henry Webster, 18, had taken legal action against Ridgeway School in Wroughton, Wiltshire, where he was assaulted by a gang in 2007.
The school denied being negligent as the attack happened after school hours.The school denied being negligent as the attack happened after school hours.
Thirteen teenagers and a man were convicted for their part in the assault and jailed last year. Thirteen people, including young teenagers, were convicted over the assault and jailed last year.
Reasonable care The Webster family, who were not in court on Friday, said in a statement they were "deeply shocked and disappointed" at the judge's decision.
"We are in the process of analysing and coming to terms with the judge's analysis," they said.
"We must express our immense gratitude to all of the individuals who gave their time to come to court and give evidence on Henry's part."
'Reasonable care'
At London's High Court in October, Mr Webster claimed there was a negligent failure by the school, which denied liability, to maintain proper discipline and deal with racial tension.At London's High Court in October, Mr Webster claimed there was a negligent failure by the school, which denied liability, to maintain proper discipline and deal with racial tension.
His mother Elizabeth, 14-year-old brother Joseph, and stepfather Roger Durnford, of Beranburh Field, Wroughton, were also seeking compensation for the trauma of witnessing his injuries but their claims will now also fail. The sympathy which everyone must feel for the claimants cannot determine whether the Ridgeway School is liable to pay them compensation Mr Justice Nicol
Mr Webster's mother Elizabeth, 14-year-old brother Joseph, and stepfather Roger Durnford, of Beranburh Field, Wroughton, were also seeking compensation for the trauma of witnessing his injuries but their claims will now also fail.
In his ruling, Mr Justice Nicol said the school did not breach its duty to take reasonable care to keep Mr Webster reasonably safe while on its premises.In his ruling, Mr Justice Nicol said the school did not breach its duty to take reasonable care to keep Mr Webster reasonably safe while on its premises.
He said that Mr Webster was the victim of a "brutal and criminal attack, which was very nearly fatal and left him with serious injuries".
"Those immediately responsible have been prosecuted and punished," he said.
"If they had any money, they could also be sued in the civil courts.
"No one, let alone an innocent 15-year-old boy, should have had to put up with the pain and suffering that he has had to endure.
"The shock of seeing him lying in a pool of blood must have been traumatic for his brother, mother and stepfather.
"Yet the sympathy which everyone must feel for the claimants cannot determine whether the Ridgeway School is liable to pay them compensation."
Mr Webster was 15 when he was repeatedly punched, kicked and hit with the sharp end of a claw hammer.Mr Webster was 15 when he was repeatedly punched, kicked and hit with the sharp end of a claw hammer.
He suffered three skull fractures.He suffered three skull fractures.
Thirteen people were convicted in 2008 of being involved in the attack and given sentences ranging from eight months to eight years.