000			02232cam a2200289 4500
001			ABS67118
008			031023n2003 000 0 eng u
035			_a(Sirsi) u123986
100			_aSykes, K.
245			_aDamages for contamination by oil
260			_c2003
490			_aArt Antiquity and Law _vVIII(3) September 2003, 265-306(42)
520			_aDiscusses "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			_aABS
650			_aCONSTANTINE V TOTALFINAELF UK LTD
650			_aDAMAGES
650			_aContamination _96231
650			_aOIL
650			_aKEROSENE
650			_aFURNITURE
650			_aOIL PAINTINGS
650			_aWORKS OF ART
650			_aValuation _96273
650			_aCONTRIBUTORY NEGLIGENCE
690			_aANTIQUES AND FINE ART-CASE LAW
942			_n0
999			_c73637 _d73637