A HAMPSHIRE schoolboy faces being sued by a legal giant - for failing to stop his brother being hit by a car.

Gareth Minchin, was just 15 when he watched in horror as his seven-year-old younger brother was knocked down on the way home from school.

Matthew Minchin, then aged seven and now 11, remained unconscious in Southampton General Hospital for more than two weeks after the accident which occurred on Weston Lane on May 22 1997.

The case could make legal history - making children responsible for each others actions.

Four years later Matthew, from Weston, Southampton, still requires constant supervision and is considered a danger to himself. He has returned to school but has learning difficulties.

Matthew is suing Mr Gulliford for his injuries together with his mother and another brother David who claim severe post traumatic stress. The family are claiming about £1 million.

However, in a controversial legal twist to offset the amount they may have to pay out, the driver's insurers, London and Edinburgh, is threatening to make a claim against Gareth.

The company alleges he caused the accident by failing to prevent his brother from running into the road.

The family's solicitor Simon John, said: "As to the claim against a 15-year-old boy, that is quite disgraceful even for an insurance company.

"Matthew's brother Gareth was already suffering dreadfully at having seen his brother's accident.

"What more dreadful nightmares must he be suffering then to learn that he is 'officially' as it were being accused of being responsible. And of course, there is the implied assumption that he - a teenager with no assets of his own - may be sued for what could be hundreds of thousands of pounds."

He added: "It's quite ridiculous, and I will leave the public to make their own judgement on the morality of such an action."

Yesterday the insurance company agreed to make an interim payment to the Minchin family in respect of the main claim against the driver.

But the company'saction against Gareth has not been settled and is due to be heard by the High Court next year.