Dam­ages ac­tions in bin lorry case can go ahead

Evening Times - - NEWS - BY TOM TORRANCE

A JUDGE has ruled that dam­ages ac­tions brought by rel­a­tives of some of those killed in the Glas­gow bin lorry tragedy can pro­ceed de­spite a fail­ure in the le­gal process.

Lord Do­herty said they would be “very ma­te­ri­ally prej­u­diced” if he re­fused to ex­er­cise his power to al­low the claims against Glas­gow City Coun­cil to pro­ceed.

The judge said: “The prob­a­ble con­se­quences would be very sig­nif­i­cant upset for the pur­suers and ma­te­rial de­lay in ob­tain­ing repa­ra­tion.”

“That upset and de­lay would be likely to have sig­nif­i­cant detri­men­tal ef­fects on the pur­suers’ men­tal health,” he said.

The eight rel­a­tives brought the ac­tion for com­pen­sa­tion against the lo­cal au­thor­ity af­ter the bin lorry driven by Harry Clarke left the road in Glas­gow city cen­tre on De­cem­ber 22 in 2014 and travelled along pave­ments be­fore com­ing to a halt near Queen Street Sta­tion.

Jacque­line Mor­ton, 51, and Stephe­nie Tait, 29, from Glas­gow, Erin McQuade ,18, and her grand­par­ents Jack Sweeney, 68, and his 69-yearold wife Lor­raine, from Dum­bar­ton and Gil­lian Ew­ing, 52, all died.

Oth­ers were also in­jured in the tragedy.

The Crown de­cided not to pros­e­cute Clarke and ef­forts by rel­a­tives to bring a pri­vate pros­e­cu­tion were re­fused.

The eight were granted an order at the Court of Ses­sion in Ed­in­burgh pre­vent­ing pub­li­ca­tion of de­tails lead­ing to their iden­ti­fi­ca­tion.

One has a guardian and in an­other case an ex­ecu­tor of a rel­a­tive who died af­ter the in­ci­dent is su­ing.

The rel­a­tives raised an ac­tion against the lo­cal au­thor­ity in De­cem­ber last year but it fell af­ter the sum­mons was not called within three months and a day of it pass­ing the signet.

A fur­ther ac­tion was raised in June this year and the lo­cal au­thor­ity’s in­surer’s le­gal rep­re­sen­ta­tive main­tained that the present claims were now time barred.

Lawyers act­ing for the rel­a­tives ar­gued that the court should ex­er­cise its pow­ers to al­low it to pro­ceed.

The bin lorry tragedy in Ge­orge Square in 2014

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