Both families are seeking a Bill of
Criminal Letters which will allow them to bring charges if approved by the judges.
Lawyers for the family of crash victims Jack and Lorraine Sweeney and their granddaughter Erin McQuade have submitted the Bill for
Criminal Letters - required for a rare private prosecution - to the High Court.
The case will then proceed to the High Court for a hearing to decide whether to issue a bill of criminal letters, meaning permission to pursue the prosecution.
A Crown Office spokesman said: "A bill of criminal letters, to be successful, would require to establish sufficient evidence in law.
But lawyers for the determined family of victims Jack Sweeney, 68, his wife Lorraine, 69, and their granddaughter Erin McQuade, 18, defiantly took their Bill for Criminal Letters to the High Court of Justiciary in Edinburgh to seek a future trial.
Solicitor Paul Kavanagh, who helped draft the Bill for Criminal Letters, refused to regard the Lord Advocate's decision as a blow.
On Wednesday, the Lord Advocate was sent documents representing a Bill For
Criminal Letters, effectively laying down a list of potential charges against 58-year-old Clarke.
Mulholland was yesterday presented with a rarely seen Bill For
Criminal Letters.
The private prosecution involves the production of a Bill of
Criminal Letters.
Carol applied to the High Court for a Bill of
Criminal Letters, which paved the way for a trial.
A petitioner must apply to the High Court for a Bill of
Criminal Letters.
To bring a private prosecution, an individual must apply for a Bill of
Criminal Letters which can be opposed by the Lord Advocate and the alleged offender.
