A LANDMARK legal battle means a Wirral family can claim compensation after their three-year-old son was attacked by another toddler with a car jack.

Jay Jones needed stitches in his head after the horrific attack which took place while he and another child were left alone for a few minutes in the back of a car in Birkenhead.

Jay’s mother, make-up artist Renai Williams, 29, has been trying to get compensation for her son for two and a half years.

In a legal first, Miss Williams’s solicitors, Kirwans, won a ruling allowing Jay, who is now five, to claim for compensation for the injuries he received – despite the fact his attacker was never prosecuted because of his age.

Last night his mother said she was pleased her claim had finally been accepted.

Jay was eventually rescued when his attacker’s parents heard his screams and noticed the car windscreen had been cracked, during a ferocious assault.

Simon Gibson, a partner at Kirwans, said the Criminal Injuries Compensation Authority rejected the family’s claims initially, saying the attacker lacked sufficient knowledge to be able to carry out a criminal attack.

He said: “From the point of view of criminal law that makes good sense, but a claim for damages is civil law. Under that you only have to prove the act was deliberate.

“We succeeded on Tuesday before an independent appeal. They said this was a unique case.”

However, Mr Gibson said the ruling could open the floodgates for similar claims – even schoolyard attacks involving young children.

Miss Williams said the case had been a nightmare and her son still remembers the attack but added: “We tell him we will never let anyone hurt him like that again.”

She and her partner had been due to enjoy a post-Christmas dinner with friends and they had allowed their son to travel with them while they woke their younger son Calum and followed.

She said: “We were getting ready to get into the car when we received a phone call from the other family saying we had better come quick.

“We drove round, but we weren’t too worried – boys fight.