AN INSURANCE company has backed away from suing a Hampshire schoolboy who, it was claimed, failed to stop his brother being hit by a car.

Insurer London and Edinburgh had threatened to sue Gareth Minchin, who was just 15 when he saw his seven-year-old brother, Matthew, knocked down on the way home from school.

In a legal twist to offset the amount it may have had to pay out, the company alleged he caused the accident by failing to prevent his brother from running into the road.

A spokesman for Norwich Union, parent company of London and Edinburgh, said: "In assessing any injury we look at the circumstances and the potential negligence of other parties involved.

"We were initially considering a number of options, including the potential negligence of Gareth Minchin who was looking after his brother at the time of the accident.

"However, after further consideration, we decided to drop the case against him.''

The company said that Matthew would receive full compensation from it and it would meet any reasonable claim that Gareth made.

Matthew, now aged 11, who lives in Weston, was unconscious in hospital for more than two weeks after the accident in Weston Lane, Southampton, in 1997. He still requires constant supervision, has learning difficulties and is considered a danger to himself.