Gore v Van der Lann [1967] 2 QB 31

Key point

  • Exclusion of liability benefiting a third party cannot be enforced by a contracting party through a stay in proceedings

Facts

  • Liverpool Corporation issued free bus passes to pensioners, on the condition that they waived the liability of its employees
  • An old lady (C) fell while boarding the bus and sued D bus conductor for damages
  • The Liverpool Corporation applied to have C’s action stayed

Held (Court of Appeal)

  • The stay was rejected

Harman LJ

  • The Liverpool Corporation was not liable to indemnify D any compensation payable to C
  • Thus, the Liverpool Corporation did not have an interest entitling it to relief