A DOWN'S syndrome sufferer who was hit by a car as he crossed the road has taken his battle for compensation to the Court of Appeal.

Paul Slater, 32, was "catastrophically" injured in August 1996 while crossing Boundary Road in Loudwater to get to a waiting minibus to take him to a Hillcrest Day Centre, in High Wycombe. His injuries mean he is now tetraplegic and requires round-the-clock care.

Paul and his family were dealt a blow in January when a High Court judge dismissed negligence claims against Buckinghamshire County Council and the firm that operated the minibus, Stigwoods of Cryer's Hill.

Lawyers argue he was not capable of crossing the road unaided and should have been escorted. But at the last hearing a judge ruled the accident was caused by Paul "rushing" into the road into the path of an on-coming car.

His counsel, Elizabeth Ann Gumbel, said: "All the evidence was to the effect that Paul was not safe to cross this road during rush hour."

She added: "The judge's finding that Paul had reached a level of independence allowing him to cross this road at this time was starkly at odds with the evidence."

A postman, who was a witness, said he had watched Paul trying to cross the "fast, busy, obstructed" road many times and had seen "many near-misses".

At the Court of Appeal last week, three top judges reserved their decision until a later, unspecified, date.

Miss Gumbel argued in court that the system used by Stigwoods, requiring him to cross a busy road, was negligent and the county council had "acquiesced".