Coleridge v Sotheby's [2012] EWHC 370 (Ch) (01 March 2012)

Coleridge v Sotheby's [2012] EWHC 370 (Ch) (01 March 2012)

Sotheby's was not negligent because a respectable body of competent appraisers could have reasonably concluded, on the material available at the time, that the Coleridge Collar was manufactured in the late 17th century and valued at £35,000. The advice given was within the range of professional judgment and not outside the bounds of reasonable competence. No contract or exclusion clause applied to the advice given for the private sale.

Citation
[2012] EWHC 370 (Ch)
Parties
Claimant: William Duke Coleridge, 5th Baron Coleridge of Ottery St Mary; Defendant: Sotheby's
Jurisdiction
England and Wales
Judgment Date
01 March 2012
Procedural Posture
High Court Chancery Division Civil Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Negligent Misstatement, Duty of Care, Valuation of Chattels, Auctioneer's Liability, Contract Formation
Tort Law Professional Negligence Negligent Misstatement Duty of Care Valuation of Chattels Auctioneer's Liability Contract Formation

Case Brief

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Parties

William Duke Coleridge, 5th Baron Coleridge of Ottery St Mary

Claimant

Sotheby's

Defendant

Procedural Posture

High Court Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Sotheby's breached its duty of care in appraising and advising on the sale value and provenance of the Coleridge Collar
  2. 2 Whether Sotheby's standard terms limited or excluded liability for the advice given
  3. 3 Whether the advice given was one that no reasonably competent appraiser could have given on the available material

Ratio Decidendi

Sotheby's was not negligent because a respectable body of competent appraisers could have reasonably concluded, on the material available at the time, that the Coleridge Collar was manufactured in the late 17th century and valued at £35,000. The advice given was within the range of professional judgment and not outside the bounds of reasonable competence. No contract or exclusion clause applied to the advice given for the private sale.

Court Disposition

Claim dismissed

Orders

  • Claim for damages against Sotheby's dismissed
  • No liability found in tort or contract