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The family of a woman killed in a crash with a police car have suffered a major blow after the Court of Appeal ruled that the accident was partly her fault.
The judgement, announced this morning, declared that Rachel Cheeswright was 60 per cent responsible, going against a civil court verdict that Kent Police were totally to blame.
Relatives are now considering appealing to the House of Lords.
Their solicitor, Sarah Harman, said; ""The family has suffered rough justice.
"Rachel is not here to defend herself, which has meant that the claim against the police has been an uphill struggle from the beginning."
Miss Cheesewright, 29. of Guernsey Way, Kennington, died after her Ford Fiesta was struck by a speeding police car answering an emergency call on the A28 at Bethersden.
Legal wrangles over the case have stretched over a year when a judge in a civil trial last September concluded that the police driver was the 100 per cent causation of the accident.
Kent Police lodged an appeal against this in February and the Court of Appeal in London finally announced its verdict today.
Previously, in January 2008. an inquest jury had recorded an accidental death verdict on the tragedy.
The Independent Police Complaints Commission and the Crown Prosecution Service had also concluded that the police driver, PC William Purse, was not at fault.
Allyn Thomas, Assistant Chief Constable, said: "Kent Police’s thoughts continue to be with Ms Cheesewright’s family and everyone who was involved, including the police officers who were answering an emergency call when the collision occurred."