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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am an artist writing a book on portrait painting in watercolour.

Customer Question

I am an artist writing a book on portrait painting in watercolour. I left a large number of original paintings with the publisher Search Press in Tunbridge Wells so they could be professionally scanned. These were returned recently by courier to me in East Yorkshire and suffered damage to the tune of £157. Search Press are refusing to reimburse me. They point out, correctly, that they told me it would be preferable for me to make the round trip of 575 miles in my car to collect the paintings, and that they were worried about the possibility of damage. I declined to do this, stating that it was an unreasonable request and it was their responsibility to pack them to avoid damage. They were poorly packed in the event, one frame laying directly above another. Surely that should have insured the items, and be able to claim the amount of the damage, and therefore pay me?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,
I am afraid that you do not have a strong case against the publisher as they pointed out to you the risk of damage and it would frankly not be worth going to court over £157 in the event that the publisher does not change its mind.
Unless you had agreed with them that the paintings should be insured, they were not under any obligation to insure them.
However, if you really insist on making a claim against them, you may do so online at www.moneyclaim.gov.uk and they may or may not choose to defend your claim. If they defend it, the judge will have the final say over whether or not to award you judgement for the amount claimed. Your claim would be based on the premise that they had a duty of care to you to pack the paintings properly and that the damage was caused as a result of them being negligent in packing the paintings properly. You would need to show that they were negligent.
All the best