Damages for contamination by oil
Series: Art Antiquity and Law ; VIII(3) September 2003, 265-306(42)Publication details: 2003Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67118 (Browse shelf(Opens below)) | 1 | Available | 123986-1001 |
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.