A family of six left seriously injured after the
bombing of a holiday resort in Turkey have been awarded over £1
million in financial support by the Turkish authorities. This
follows a four year campaign which has seen the UK Government fail
to help British citizens injured by terrorist attacks abroad.
The Criminal Injuries Compensation Scheme which
compensates victims of terrorism in the UK does not extend to cover
citizens caught up in terrorist attacks abroad, unlike schemes in
many other European countries. Despite calls for changes to the
scheme, including the tabling of a Private Members Bill in the
House of Lords, seriously injured victims of terrorist attacks
abroad have been left with little or no financial support.
On 16th July 2005, the family from Durham were on
their way to the beach whilst on holiday in Turkey when they became
the targets of a terrorist bomber. The minibus in which they were
travelling had a bomb placed beneath the seats. It is thought that
the terrorist had got off the bus, leaving the bomb behind.
The bomb exploded and carnage ensued. Helyn
Bennett was killed. Her fiancé, Stephen Stables, together with
other members of the family, including Mickey Aspinall, Toni
Punshon, Stephen Stables and two of the family’s children were
seriously injured. Because the bombs were beneath the seats, many
of the injuries were to the legs and they also suffered burns, head
injuries, deafness and loss of sight. All surviving members of the
family were placed in intensive care and required surgery.
The case had been referred to Jill Greenfield, Partner in our Personal Injury claims department, by another law
firm. Jill was already involved in a campaign to try to force the
British Government to bring in a scheme to help British Victims of
Terrorism Abroad; something that the British Government have still
to do.
It was initially difficult to see what, apart from
the campaign, could be done to help the family, however there was
then a breakthrough and the possibility of a claim against the
Turkish Authorities, through the discovery of a little known
scheme. It offered potentially little to the family but it was felt
worthwhile. A long and difficult legal battle ensued with the
Turkish Authorities. Initial awards of a few thousand pounds were
rejected and an appeal was launched in Turkey. Turkish lawyers were
retained and Mark Bowman, Associate in
the Personal Injury department, assisted Jill with the case.
The family have finally been awarded
£1,099,531.94 GBP between them in compensation, giving much
needed financial security, although this is currently under appeal.
We understand that this is the first case where a British victim of
terrorism abroad has successfully, through litigation, pursued a
claim for financial support against a foreign Government.
Jill Greenfield comments:
“This is a unique case. The initial
idea to pursue the claim against the Turkish Government was a long
shot and there were very many procedural hurdles along the way. We
worked with a Turkish law firm to help. This had not been done
before and we knew it would be complicated litigation. The UK
Government had done little to help this family except offer
sympathy. Sympathy doesn’t pay the bills. It is extremely rewarding
to know that the family will now not have to worry about how to pay
their bills and mortgages, thanks to the Turkish
Government.”
Speaking on behalf of her family Sharon Holden
said:
“It has been a long fight to
gain compensation for the injuries and trauma suffered by my family
and the death of my daughter, Helyn. It is the Turkish authorities,
not the UK Government that have finally given us the financial
support we need.”
Axa Legal Expense Insurers funded the action.
This case has received national and international press
coverage, including an article on the BBC website.