William Eichler 11 December 2019

Council loses court battle over £1m fatal bin lorry crash damages

Glasgow City Council has failed in its bid to reclaim the £1m in damages it was forced to pay to the families of those who lost their lives in a bin lorry crash.

Six people were killed and 15 injured in 2014 when Harry Clarke lost consciousness behind the wheel of his bin lorry and crashed into shoppers in the city centre.

Glasgow CC’s insurers launched the court action against Mr Clarke's former employers First Glasgow, claiming that the bus company had offered a reference when he moved to the council and so it had a duty of care to the casualties.

Mr Clarke had ‘lost consciousness’ in 2010 while driving a bus for First Glasgow, the court heard.

The bus company, argued Glasgow CC’s insurers, should have known he was being dishonest when he changed his story about the fainting episode and they should have alerted the council when providing Mr Clarke with a reference.

First Glasgow disputed this claim and, in a written judgment, Judge Lord Ericht concluded that the bus company had no duty of care.

‘It is reasonably foreseeable that if a reference omits reference to a risk of the employee causing harm in the course of employment, then that harm may occur in the course of his work with the new employer,’ he wrote.

‘However ... foreseeability is not enough for the imposition of a duty of care. There requires to be a relationship of proximity. In my opinion in the current case there is no such proximity as would give rise to a duty of care.’

Lord Ericht found it would not be ‘just, fair and reasonable’ to impose this duty of care because it could have led to employers being no longer prepared to give references, as they could be held liable to ‘a great number of unknown persons’.

A spokesperson for the city council said: ‘This is a matter for our insurers. It would be inappropriate to comment further.’

Harry Clarke resigned from his job in November 2015 ahead of a disciplinary hearing.?

SIGN UP
For your free daily news bulletin
Highways jobs

Executive Director of Place and Customer

Essex County Council
up to £179,404 per annum
Shape the Future of Essex. Drive climate action. Deliver for our communities. Essex
Recuriter: Essex County Council

Arts Officer Exhibitions – Maternity Cover

London Borough of Richmond upon Thames and London Borough of Wandsworth
£37,602 - £45,564
Arts Officer (Exhibitions) – Maternit... Twickenham, Greater London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Traveller Site Officer

Oxfordshire County Council
46142 - 49282
About Us Oxfordshire County Council is seeking a Traveller Site Officer to join our small but brilliant, Gypsy and Traveller Service. We aim to deliver an outstanding service that is community focused, trusted, and inclusive, as well as promoting fairness Kidlington
Recuriter: Oxfordshire County Council

Financial Assessment Officer

Oxfordshire County Council
31537 - 34434
Work location
Recuriter: Oxfordshire County Council

Senior Voluntary Sector Grants and Project Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£43,545 - £52,767
Senior Voluntary Sector Grants and Proj... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth
Linkedin Banner