Drafting-Sophie Harrington

IN THE CENTRAL LONDON COUNTY COURT   Claim No 2003 HC

BETWEEN

SOPHIE HARRINGTON                                   Claimant

and

BOND GALLERIES LTD                                  Defendants

PARTICULARS OF CLAIM

  1. The Defendants operate a painting gallery business, in the course of which they clean and restore paintings. The Claimant is a customer of the Defendants.
  2. On 3 March 2003 the Claimant took her painting to the Defendants’ premises to be cleaned and restored by them, which they agreed by an oral agreement to do, but it would take about three weeks and that it would cost about $3,000. On 21 March 2003 the Defendants telephoned to the Claimant that they have carried out the cleaning and restoration and the Claimant  have collected her painting in paying them their charge by a cheque of $ 3290 payable to Bond Galleries.
  3. It was an implied term of the agreement that the Defendants would clean and restore the Claimant’s painting with all reasonable care and skill to be expected of an experienced, skilled and competent restorer. Further or alternatively the Defendants owed the Claimant a duty to exercise such care and skill.
  4. The Claimant found that the painting was very badly damaged when she collected it. There were several patches of paint which had flaked off, some of the colours had dulled badly and the overall life of the painting was seriously diminished.
  5. The matters complained of were caused by a breach of the above implied term and/or negligence by the Defendants, their servants or agents, who failed to clean and restore the painting properly and so did not use reasonable care and skill in carrying out the cleaning and restoration.
  6. As a result of the matters set out above of the Claimant has suffered loss and damage.

PARTICULARS OF DAMAGE

$

(1) Refund the money paid for the cleaning and restoration                                  3,290.

(2) The loss of the painting value due to damage                                                16,000

19,290

7.      Further the Claimant claims interest under section 35A of the Supreme Court Act 1981 on the amount found to be due to the Claimant at such rate and for such period as the Court thinks fit.

AND the Claimant claims:

(1) Damages.

(2) Interest pursuant to section35A of the Supreme Court Act 1981 to be assessed.

ABUD

STATEMENT OF TRUTH

Dated etc.

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