Cases - Luxmoore-May v Messenger May Baverstock

Record details

Name

Luxmoore-May v Messenger May Baverstock

Date

[1990]; [1990]

Citation

1 EGLR 21;

Keywords

Negligence in valuations and surveys

Summary

The defendants, a firm of provincial auctioneers, were sued for negligence when they failed to identify 2 small paintings as possibly the work of George Stubbs, in consequence of which the firm sold the paintings for far less than their true value. While in the firm's possession, the paintings had been examined by a self-employed 'consultant' to whom the firm delegated such work. The Court of Appeal (overturning the decision of the trial judge) held that the consultant had not been negligent. However, the court made it clear that, if he had been guilty of negligence, the firm, having taken on the task of attributing and valuing the paintings, would have been liable for this.