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

SEND Participation Engagement Officer

The Royal Borough of Kensington & Chelsea Council
£40,404
You’ll also represent young people’s perspectives at service level meetings and champion robust safeguarding practices London (Greater)
Recuriter: The Royal Borough of Kensington & Chelsea Council

Social Worker, Young People with Disabilities (16 - 25)

Essex County Council
£36124.0000 - £51834.0000 per annum
Social Worker, Young People with Disabilities (16 - 25) mid TeamPermanent, Full Time£36,124.00 to £51,834.00 Per Annum Location
Recuriter: Essex County Council

Head of Housing Management

Redbridge London Borough Council
£89,037 to £92,538
You’ll enhance our emphasis on quality assurance and getting things ‘right first time’ – making better use of technology in our approach London (Greater)
Recuriter: Redbridge London Borough Council

Head of Local Taxation

Redbridge London Borough Council
£79,119 - £82,368
This is a key leadership role in the Council, with responsibility for the effective and efficient collection of business rates and council tax London (Greater)
Recuriter: Redbridge London Borough Council

School Crossing Patrol Officer - Vacancies across Essex

Essex County Council
Up to £13.46 per hour
School Crossing Patrol Officer - Vacancies across EssexPermanent, Term Time£13.46 per hourLocation
Recuriter: Essex County Council
Linkedin Banner