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

Highways Supervisor

London Borough of Richmond upon Thames and London Borough of Wandsworth
£44982 - £54500
Job Title Highways Supervisor... Richmond
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Communication Support Worker

Durham County Council
£33,673 - £37,563 pro rata
Required – Temporary, grade 8, term time only plus 2 weeks.  8 hours per week until 31 August 2027. Are you looking or a role in school supporting th Durham
Recuriter: Durham County Council

Outreach Workers

Durham County Council
Grade 6 £29,071 - £32,046
We are looking for enthusiastic and committed practitioners to join our Family Hub Teams supporting children and Families to deliver services in comm Peterlee
Recuriter: Durham County Council

School Admin Officer

Durham County Council
£26,403 - £28,598 pro rata (pay award pending)
Required to work term time only plus 2 weeks during summer holidays. 8am-4pm. Wingate Nursery School is looking for an exceptionally organised, warm, Wingate
Recuriter: Durham County Council

Cleaner

Durham County Council
£24,796 pro rata (pay award pending)
Required to work 12 hours per week, 05.30-08.00 or 15.30-18.00 Monday-Friday, Term Time plus 3 weeks to be worked during school holidays. We are seek Durham
Recuriter: Durham County Council
Linkedin Banner