Thomson v Christie Manson & Woods Ltd & Ors [2005] EWCA Civ 555 (12 May 2005)

Thomson v Christie Manson & Woods Ltd & Ors [2005] EWCA Civ 555 (12 May 2005)

Christie's were not negligent in their catalogue description of the vases as 'Louis XV' without qualification, as their opinion was reasonable and based on the evidence available at the time. There was no breach of duty in the advice given to Ms Thomson, as there were no real doubts requiring qualification. The judge's finding of breach of a more exacting duty to Ms Thomson was inconsistent with the finding of no negligence in cataloguing. Accordingly, Christie's appeal was allowed and Ms Thomson's cross-appeal dismissed.

Citation
[2005] EWCA Civ 555
Parties
Claimant/respondent: Taylor Lynne Thomson; Defendant/appellant: Christie Manson & Woods Limited; Defendant/appellant: Christie's Fine Art Security Services Limited; Defendant/appellant: David George Philip Cholmondeley, 7th Marquess of Cholmondeley
Jurisdiction
England and Wales
Judgment Date
12 May 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Queen's Bench Division
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
Negligence, Duty of Care, Professional Negligence, Misrepresentation, Damages, Auctioneers' Liability
Tort Law Contract Law Art Law Negligence Duty of Care Professional Negligence Misrepresentation Damages +1 more

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Parties

Taylor Lynne Thomson

Claimant/respondent

Christie Manson & Woods Limited

Defendant/appellant

Christie's Fine Art Security Services Limited

Defendant/appellant

David George Philip Cholmondeley, 7th Marquess of Cholmondeley

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Queen's Bench Division

Legal Issues

  1. 1 Whether Christie's breached a duty of care to Ms Thomson in the description and advice regarding the vases' provenance and date.
  2. 2 Whether Christie's catalogue entry was negligent or required qualification.
  3. 3 How damages should be assessed if a breach of duty occurred.

Ratio Decidendi

Christie's were not negligent in their catalogue description of the vases as 'Louis XV' without qualification, as their opinion was reasonable and based on the evidence available at the time. There was no breach of duty in the advice given to Ms Thomson, as there were no real doubts requiring qualification. The judge's finding of breach of a more exacting duty to Ms Thomson was inconsistent with the finding of no negligence in cataloguing. Accordingly, Christie's appeal was allowed and Ms Thomson's cross-appeal dismissed.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • Judgment for Christie's; no damages payable to Ms Thomson.
  • Any assessment of damages based on subsequently acquired information is not permitted.