Damages for contamination by oil (Record no. 73637)

MARC details
000 -LEADER
fixed length control field 02232cam a2200289 4500
001 - CONTROL NUMBER
control field ABS67118
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 031023n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u123986
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Sykes, K.
245 ## - TITLE STATEMENT
Title Damages for contamination by oil
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Art Antiquity and Law
Volume/sequential designation VIII(3) September 2003, 265-306(42)
520 ## - SUMMARY, ETC.
Summary, etc. Discusses "Vincent Constantine (T/A Tavistock Antiques) v Totalfinaelf UK Ltd (formerly Total Oil Great Britain Ltd)" [2003] EWHC 428 (QB) (unreported) which concerned a claim for damages by claimant (C) against defendant (T) following an accident in which domestic heating oil described as kerosene was sprayed over a collection of valuable antiques and at least one oil painting. The facts and background to the case are considered in some depth including what happened in the immediate aftermath of the accident which is of crucial importance when considering the claim. There is a four-and-half-year gap between the accident and date of the hearing. The evidence of the expert witnesses and their general consensus of opinion that nothing could be done to conserve or restore the damaged items played an important part in the assessment of the claim, the only exception being Mr Lewry an expert instructed by T's insurers. In assessing C's contributory negligence in keeping valuable antiques and paintings uncovered in garage close to oil storage tanks whilst a converted barn in which items were usually stored was undergoing restoration, the judge made no reduction in damages. £279 500 damages was awarded for loss of furniture which was totally written off. The judge ruled that a second hearing should be held to assess damages for loss of Codazzi oil painting. However, the matter has been settled post-judgment out of court thus avoiding the necessity of a second hearing.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONSTANTINE V TOTALFINAELF UK LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DAMAGES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Contamination
9 (RLIN) 6231
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OIL
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KEROSENE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FURNITURE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element OIL PAINTINGS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WORKS OF ART
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Valuation
9 (RLIN) 6273
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONTRIBUTORY NEGLIGENCE
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ANTIQUES AND FINE ART-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 23/10/2003   ABS67118 123986-1001 06/08/2019 1 06/08/2019 Law report