Family sue over metal bar killing

James and Megan Lavelle were toddlers when their father was killed

The family of a man who was beaten to death with a metal bar outside an Oxfordshire pub are suing the people they believe are responsible.

Kevin Lavelle, 29, suffered fatal head injuries in the gang attack outside the Cricketers' Arms in Banbury in 2004.

Action is now being taken in the civil courts on behalf of his children, Megan, six and James, five.

The case against Mr Lavelle's suspected attackers collapsed when it could not be proved who had dealt the fatal blow.

Dumbbell bar

"It's rare to take what would be presumed to be a criminal matter through to the civil courts," said family solicitor Howard Beckett.

"But the civil action is being taken on behalf of the children, because they have lost a father who would have provided income over a certain amount of given years.

"What needs to be remembered in this case is there is only one individual who came out of the incident with injuries.

"Those injuries were the complete staving in of one side of his head, complete trauma to the brain that ultimately resulted in his death, and those injuries were perpetrated by an object which was a dumbbell bar."

Compensation denied

Mr Lavelle's father, Paddy, said: "If you ask the young lad James what he wants to be when he grows up, he says: 'I want to be an airline pilot so I can go and get me dad from heaven.'

"He was only little when he died."

Mr Lavelle's parents, his fiancee and two children, from Liverpool, had expected to receive compensation following the crane driver's death.

But the Criminal Injuries Compensation Authority informed them last month that they would not receive any money.

The authority said compensation would be "inappropriate" because Mr Lavelle had been involved in an altercation with another group on the day of the fatal attack.

An inquest this year recorded a verdict of unlawful killing. A second inquest is to be held next year.