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UK News Glasgow City Council lose legal bid to recover £1m compensation paid to victims of bin lorry crash

16:10  10 december  2019
16:10  10 december  2019 Source:   msn.com

Glasgow bin lorry crash: Bid to make bus firm pay costs dismissed by judge

  Glasgow bin lorry crash: Bid to make bus firm pay costs dismissed by judge Glasgow City Council wanted driver Harry Clarke’s former employer First Glasgow to pay almost £1 million in compensation to Stephanie Tait’s family.Glasgow City Council previously agreed to pay compensation for a number of damages claims made by the families of the six people killed and 15 injured when the bin lorry hit shoppers in the city centre.

A Glasgow City Council spokesperson said there were two other crew members on the lorry at the time of the crash , but the condition of the two men was not known. Five females and one male died yesterday after an out-of-control bin lorry drove along a street full of shoppers in Glasgow city centre.

On 22 December 2014 a bin lorry collided with pedestrians in the city centre of Glasgow , Scotland, killing six and injuring fifteen others. The driver of the council -owned vehicle, Harry Clarke, said he had passed out at the wheel.

Lawyers acting for Scotland’s largest council have suffered a set back in a bid to recover almost £1 million from the former employers of bin lorry driver Harry Clarke

Glasgow City Council sought to recover a total of £903,714.40 from coach company First Glasgow (No 1) Ltd over its alleged failure to disclose that its former employee Harry Clarke lost consciousness at the wheel of a bus in 2010. 

Clarke, of Glasgow , was driving the refuse truck which struck and caused the deaths of six people in the city’s Queen Street in December 2014.

The local authority sued First Glasgow in a bid to recover the sum which it had paid out in compensation to the family of 29-year-old Stephanie Tait, who lost her life in the collision.

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Glasgow city council confirmed on Tuesday morning that two other crew members were in the lorry at the “I just wanted to pay my respects. It’s a dreadful thing to happen at any time of year but just Parents overjoyed as girl injured in Glasgow bin lorry accident recovers . Alix Stewart is one of three

The family of bin lorry crash victim Gillian Ewing have agreed an £ 800,000 compensation deal with Glasgow City Council . The deal follows a legal fight by Ms Ewing's daughter after her A fatal accident inquiry found Clarke lost consciousness at the wheel before the crash in December 2014.

Glasgow City Council’s lawyers raised an action in the Court of Session in Edinburgh .

The legal team claimed that First Glasgow should have disclosed information about Clarke’s poor health to them in a reference. 

The lawyers claimed that because First Glasgow didn’t disclose this information, it should be held liable “for the breach of duties owed by them” to the dead pedestrians. 

Lawyers for First Glasgow asked for the case to be dismissed. 

They argued that the law surrounding the issues in the case meant they shouldn’t have to pay out. The lawyers claimed that in this case, the firm did not owe a duty of care to third parties. 

In a written judgement issued at the court on Tuesday, judge Lord Ericht ruled in favour of First Glasgow.

Glasgow Council lose legal bid to avoid paying £1m compensation to bin lorry crash victims

  Glasgow Council lose legal bid to avoid paying £1m compensation to bin lorry crash victims A bid to force the former employers of the driver behind the Glasgow bin lorry crash to pay almost £1 million in compensation to a victim's family has failed. Glasgow City Council previously agreed to pay compensation for a number of damages claims made by the families of the six people killed and 15 injured when the bin lorry hit shoppers in the city centre.

Glasgow City Council agreed to pay out a reported £ 548m to compensate the women for the money they should have been paid But instead, some traditionally female-dominated roles such as catering or home care ended up being paid up to £ 3 an hour less than male-dominated jobs such as bin lorry

The council bin lorry crashed in George Square after careering from Queen Street at 14:30 More details have emerged about some of the victims and tributes have been paid to them. Glasgow City Council has announced it is opening an appeal fund for those who were affected by the crash .

a group of people sitting at a table with a green umbrella: Harry Clarke was driving the vehicle which struck and killed six people in 2014 © PA Harry Clarke was driving the vehicle which struck and killed six people in 2014

The judge wrote: “The question of whether the giver of an employment reference owes a duty of care to a third party, being neither the employee nor the new employer, for omitting in the reference to warn the new employer of a risk of physical injury to the third party is a novel one. I was not referred to any authorities or academic discussion on the issue. 

“In my opinion, in the current case, there is no such proximity as would give rise to 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. 

“In my opinion it would not be just, fair and reasonable to impose the duty of care contented for. 

“For all these reasons I find that the defenders did not owe a duty of care to the injured party. 

Compensation bid from council over Glasgow bin lorry crash dismissed by judge

  Compensation bid from council over Glasgow bin lorry crash dismissed by judge Glasgow City Council had argued Harry Clarke's former employers should have disclosed important medical informationGlasgow City Council previously agreed to pay compensation for a number of damages claims made by the families of the six people killed and 15 injured when the bin lorry hit shoppers in the city centre.

Relatives of victims of Glasgow bin lorry crash that killed six are told they CAN'T bring private prosecution against the driver. The unusual legal move followed a controversial Crown Office decision not to prosecute Mr Clarke, who had blacked out behind the wheel on the day of the fatal

The council bin lorry crashed in George Square after careering from Queen Street at 14:30 on Monday. Ten other people, including the lorry More details have emerged about some of the victims and tributes have been paid to them. Glasgow City Council has announced it is opening an appeal

“It follows from this.. that the action falls to be dismissed.”

a man wearing a suit and tie talking on a cell phone: Harry Clarke avoided jail after admitting culpable and reckless driving © PA Harry Clarke avoided jail after admitting culpable and reckless driving

Clarke was driving the vehicle which struck and killed six people on December 22 2014. 

Student Erin McQuade, 18, and her grandparents 68-year-old Jack and 69-year-old Lorraine Sweeney lost their lives in the incident. 

The other people who died were Stephanie Tait, Jacqueline Morton,51, and 52-year-old Gillian Ewing. 

Crown Office lawyers decided not to prosecute Clarke on the basis that he had a medical condition and there was no evidence to show he broke the law. 

The families of those who lost their lives after the incident tried to raise a private prosecution against Clarke. 

They argued that Clarke had made “misrepresentations” about his medical history to the DVLA and to his employers.

a truck on a city street: Glasgow City Council’s lawyers are now set to sue First Glasgow on the basis of negligence © PA Glasgow City Council’s lawyers are now set to sue First Glasgow on the basis of negligence

However, senior judges didn’t allow the prosecution to proceed. 

In the latest action, Glasgow City Council tried to recover the money that they paid out to Stephanie Tait’s family. 

Glasgow bin lorry crash driver apologises ahead of fifth anniversary

  Glasgow bin lorry crash driver apologises ahead of fifth anniversary Harry Clarke told the Mail on Sunday of his ‘devastation’ over the tragedy that left six dead.Harry Clarke told the Mail on Sunday of his “devastation” over the tragedy and said “not a day goes by” when he does not think about the crash and those who died.

The crash occurred on 22 December 2014 in Glasgow 's George Square, when a bin lorry careered out of control and mounted the pavement before coming to a stop at Queen Street station. The fatal accident inquiry began on 22 July 2015 at Glasgow Sheriff Court. The six killed in the incident were

Glasgow City Council has confirmed that it bought the bin lorry involved in a fatal crash in the city centre in order to keep it off the road. Six people were killed by the out-of-control truck driven by Harry Clarke in December 2014. A fatal accident inquiry found he had lost consciousness at the wheel.

They brought the action on the basis of section three of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940. 

This legislation states that parties who jointly contribute to “wrongful or negligent” acts should be liable to pay compensation. 

Lawyers for Glasgow City Council argued that the legislation should apply in the circumstances of the Clarke case. 

However, Lord Ericht found that the legislation didn’t apply in the particular circumstances surrounding the December 2014 incident.

Now, Glasgow City Council’s lawyers are set to sue First Glasgow on the basis of negligence. 

In the judgement, Lord Ericht said the new case was brought whilst he was considering his opinion in the current set of proceedings. 

He wrote: “Subsequently while the case was at avizandum, the pursuers lodged a minute of amendment introducing a new alternative direct cause of negligence. 

“The pursers enrolled a motion to allow the minute of amendment to be received. 

“When the motion called before me, parties were agreed that I should continue the motion to a date to be afterwards fixed subsequent to the issue of this opinion. 

“In the light of these developments, I shall make no substantive order at present but will put the case out by order for discussion as to how to proceed in the light of this opinion and the continued motion.”

Glasgow bin lorry driver 'sorry' for his part in crash .
A Glasgow bin lorry driver whose vehicle killed six people when it careered out of control has apologised for his part in the tragedy. © PA Harry Clarke has apologised for his role in the 2014 tragedy that left six people dead Harry Clarke, 62, told the Mail on Sunday he is still "devastated" and said "not a day goes by" when he does not think about the crash which happened days before Christmas in 2014.Mr Clarke, speaking a week before the fifth anniversary of the tragedy, blacked out while behind the wheel in George Square on 22 December.

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