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Comment: Update law on attack pay-outs

IT WILL probably surprise many to learn that there is a cap imposed on any cash award granted to victims of terrorism attacks in this country.

Andy Brown, from Wirral, for instance, who lost both legs in the London bombings of July 7, 2005, had initially asked for £1.7m for his injuries, to cover the costs of long-term care, buying a new home adapted for a wheelchair user, and his loss of earnings.

Unfortunately, the law as it now stands dictated that the most that Mr Brown and his wife, Jan, might receive could be no more than the current maximum limit of £500,000. The actual amount they received from the Criminal Injuries Compensation Authority, however, was just over 20% of that figure – £111,365.

That award fell woefully short of what was actually required by the Browns.

Now, perhaps not unsurprisingly, given the depth of their disappointment about what happened, Mr and Mrs Brown have launched a campaign to create an annual £130m redress fund for terror victims.

Mr Brown is to hold talks shortly with Justice Secretary Jack Straw, to press for a 5p-a-week levy on all taxpayers to build up the fund, and ensure that future victims of terror attacks – we can always hope there might be no more in this country, but that might be unforgivably naive – do not suffer the same distressing outcome as he has done.

Surely there should be no cap on the awards granted to victims. It must make sense for each case to be considered on its individual merits, and not be subject to the restrictions of a dogmatic and almost certainly outdated law.

Why should any scheme be so insens- itive, for instance, as to automatically rule out any payment for purpose-built accommodation? That is far too inflexible for any plan designed to meet the needs of people grievously injured through no fault of their own.

While still praying the redress fund proposed might never actually be required, we must hope Mr Brown gets a sympathetic hearing from Mr Straw. US survivors of the September 11 atrocity have received millions – why should Britain be any different?