GILLESPIE BROS. & CO. LTD. v. ROY BOWLES TRANSPORT LTD. RENNIE HOGG LTD. (THIRD PARTY)

[1973] 1 Lloyd's Rep. 10

COURT OF APPEAL

Before Lord Denning, M.R., Lord Justice Buckley and Lord Justice Orr

Carriage of goods - Loss in transit - Watches stolen from unattended and open van - Whether van driver negligent - Van hired from carrier by forwarding agents - Whether carrier entitled to rely on conditions of carriage as against customer - Liability of forwarding agents to indemnify carrier under conditions of carriage - Whether conditions wide enough to cover carrier's own negligence - "All claims or demands whatsoever" - Road Haulage Association Ltd.'s Conditions of Carriage (1967), conditions 3 (4), 12. Forwarding agents - Hire of van from carrier - Whether subject to Road Haulage Association Ltd.'s Conditions of Carriage (1967) - Liability of forwarding agents to indemnify carrier - Whether indemnity clause wide enough to cover carrier's own negligence - Condition 3 (4).