Glasgow bin lorry crash: New date for First Bus negligence case

Harry Clarke was unconscious at the wheel when the bin lorry went out of control, killing six people

A six-day hearing has been set for a civil case in relation to the Glasgow bin lorry crash.

Glasgow City Council is suing First Bus, former employers of the driver Harry Clarke, over the job reference the firm provided.

The hearing will decide whether First Bus acted negligently by failing to provide an accurate reference.

Six pedestrians died after Mr Clarke collapsed at the wheel of the lorry in the city centre in December 2014.

Judge Lord Ericht set the hearing for 28 September.

• Judge criticises hold-up in bin lorry crash case

• Harry Clarke 'sorry' for bin lorry 'accident'

• What does the bin lorry crash report tell us?

• Bin lorry crash prosecution ruled out

Last month, the judge criticised the council for delays and described its conduct as "extremely unsatisfactory".

The action has been brought by the city council against First Glasgow (No.1) Ltd. It is seeking a total of £446,012 from the transport firm.

Lawyers for the council claim that the bus company failed to disclose that Mr Clarke lost consciousness at the wheel of a stationary bus in 2010.

(Clockwise from top left) Jack Sweeney, Lorraine Sweeney, Erin McQuade, Jacqueline Morton, Stephenie Tait and Gillian Ewing were killed in the bin lorry crash

Erin McQuade, 18, and her grandparents Jack Sweeney, 68, and Lorraine Sweeney, 69, from Dumbarton; Stephenie Tait, 29, and Jacqueline Morton, 51, both from Glasgow; and Gillian Ewing, 52, from Edinburgh, died in the crash.

A further 15 people were injured when the Glasgow City Council truck veered out of control.

It travelled along the pavement in Queen Street before crashing into the side of the Millennium Hotel in George Square.

• Glasgow bin lorry crash: The victims

• Six people killed in bin lorry crash

An inquiry into the incident held in 2015 heard the tragedy took just 19 seconds to unfold.

During the course of the incident, numerous members of the public saw Mr Clarke, who was 63 at the time, unconscious and slumped forward in the driver's seat.

The inquiry also heard he had a history of health issues dating back to the 1970s - including the previous blackout in 2010 - but had not disclosed his medical background to his employers or the DVLA.

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

The lorry mounted the kerb before coming to a stop at the Millennium Hotel

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

They argued he had made "misrepresentations" about his medical history to the DVLA and to his employers. However, senior judges did not allow the prosecution to proceed.

Glasgow City Council suffered a setback in its action against First Glasgow after another hearing at the Court of Session in 2019.

Its legal team sought to recover a total of £903,714.40 from the company.

In those proceedings, the council's lawyers claimed the alleged failure to disclose the information about Mr Clarke passing out meant the firm breached a duty of care to the dead pedestrians.

However, Lord Ericht ruled against the local authority, saying there was no legal basis for the company to be held responsible for breaching a duty of care for the dead pedestrians.