Man's court win over son's death

The High Court said three separate decisions by magistrates not to allow the action by Ian Charlson had been based upon a flawed legal approach.

Mr Charlson's three-year-old son Harry died when he was hit by a car on the A3 Farnham Road, in Guildford, Surrey, on 19 August, 2004.

He wants the motorist to be tried for death by dangerous driving.

Following an inquest into Harry's death, the Crown Prosecution Service (CPS) decided in May 2005 that there was not a realistic prospect of prosecuting the female driver for driving without due care and attention.

'Impressive determination'

Mr Charlson, of Wherwell Road in Guildford, then applied three times to Guildford and South Western magistrates' courts for a summons to be issued.

His requests were all rejected due to the CPS decision.

James Turner QC, appearing for Mr Charlson at a recent High Court hearing, said the rulings had overridden a citizen's right to bring a private prosecution.

Mr Justice Silber said on Monday: "The impressive determination of the claimant has succeeded.

"If requested to do so by Mr Charlson, a magistrate should consider... whether to issue a summons against the interested party."

His solicitor Kirstin Holland said: "All he wants is a fair hearing to determine whether or not the driver was criminally liable for that death."

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