Building Law Monthly
CANADA STEAMSHIP GUIDELINES AFFIRMED
HIH Casualty and General Insurance Ltd v Chase Manhattan Bank [2003] UKHL 6
We have on a number of occasions in recent years considered the status of the guidelines enunciated by Lord Morton of Henryton
in
Canada Steamship Lines Ltd v The King
[1952] AC 192 and which are applied by the courts when deciding whether or not a clause is effective to exclude liability
in negligence on the part of the party seeking to rely on the clause. These guidelines were recently considered by the House
of Lords in an insurance case:
HIH Casualty and General Insurance Ltd v Chase Manhattan Bank
[2003] UKHL 6.