Rennie Hogg Ltd hired a van and driver from Roy Bowles (the ‘carrier’) on a monthly basis under the Road Haulage Association’s Conditions of Carriage 1967.
Gillespie Bros had three gold watched transported by Rennie Hogg, but they were stolen at Heathrow, on the way between Switzerland and Jamaica, out the back of the van while the driver was signing for it in the warehouse.
Court of Appeal held that ‘all claims or demands’ and the reference to ‘whatsoever’ should mean that the exemption was applicable between the parties.
The clause should be construed as suggested in Canada Steamship, but here the words were wide enough to cover negligence.
The intention to do so must therefore be made perfectly clear, for otherwise the court will conclude that the exempted party was only to be free from liability in respect of damage occasioned by causes other than negligence for which he is answerable.Orr LJ concurred.