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

Town Clerk

Biggleswade Town Council
£74,454 - £89,081
Biggleswade Town Council is looking to appoint a highly motivated and forward-thinking Town Clerk, to drive its services forward. Biggleswade
Recuriter: Biggleswade Town Council

Part Time Enforcement Officer Trading Standards

Essex County Council
£26601.00 - £31295.00 per annum + + 26 Days Leave & Local Gov Pension
Part Time Enforcement Officer Trading Standards (Tobacco and Vapes)Fixed Term - 2.5 years duration, Part Time - 20 to 30 Hours Per Week, Monday to Fri England, Essex, Chelmsford
Recuriter: Essex County Council

Administration Officer (Finance) - Braintree District Council

Essex County Council
Up to £13.7900 per hour
Administration Officer (Finance) £13.79 PAYE / £17.69 Umbrella Braintree, EssexFull-Time, Temporary 3 Months Contract 37 Hours per Week Closing Date
Recuriter: Essex County Council

Enforcement Officer Trading Standards (Tobacco and Vapes)

Essex County Council
£26601.00 - £31295.00 per annum + +26 Days Leave & Local Gov Pension
Enforcement Officer Trading Standards (Tobacco and Vapes)Fixed Term - 2.5 years duration, Full Time - 37 Hours Per Week, Monday to FridayUp to £31,295 England, Essex, Chelmsford
Recuriter: Essex County Council

Community Support Worker - Young People with Disabilities Team

Essex County Council
£25395.00 - £32131.00 per annum + + 26 Days Leave & Local Gov Pension
Community Support Worker - Young People with Disabilities Team - Colchester (North Quadrant)Permanent, Full Time£25,395 to £32,131 Per AnnumLocation
Recuriter: Essex County Council
Linkedin Banner