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Hammer attack boy refused damages | |
(30 minutes later) | |
A teenager who was left brain damaged in a claw hammer attack at his school has lost his battle for compensation at the High Court in London. | |
Henry Webster, now 18, brought the legal action against Ridgeway School in Wroughton, Wiltshire, where he was assaulted by a gang in January 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 people, including young teenagers, were convicted over the assault and jailed last year. | Thirteen people, including young teenagers, were convicted over the assault and jailed last year. |
Skull fractures | |
Mr Webster's legal team argued there was a negligent failure by the school to maintain proper discipline and deal with racial tension. | |
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. | |
The shock of seeing him lying in a pool of blood must have been traumatic for his brother, mother and stepfather Mr Justice Nicol | |
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". | 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. | "Those immediately responsible have been prosecuted and punished," he said. |
"If they had any money, they could also be sued in the civil courts. | "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. | "The shock of seeing him lying in a pool of blood must have been traumatic for his brother, mother and stepfather. |
'Deeply disappointed' | |
"Yet the sympathy which everyone must feel for the claimants cannot determine whether the Ridgeway School is liable to pay them compensation." | "Yet the sympathy which everyone must feel for the claimants cannot determine whether the Ridgeway School is liable to pay them compensation." |
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." | |
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. | Thirteen people were convicted in 2008 of being involved in the attack and given sentences ranging from eight months to eight years. |