A vintage car can still be
considered authentic even following a substantial
rebuild where many of its original parts are replaced,
an appeal court heard yesterday.
In a landmark case based on a 1930 Speed Six Bentley,
judges ruled that a decision to award damages
to a buyer because the vehicle had undergone major
work since new could not be relied on.
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American businesswoman Mercedes
Brewer bought the £425,000 Bentley from
a respected dealer in 2007 believing it to be
in its original condition.
But when she discovered it was not she successfully
sued for £90,000 in damages despite Stanley
Mann, who sold her the valuable model, insisting
she was fully aware of its significant restoration
prior to purchase.
This week, lawyers appearing for Mr Mann at the
Appeal Court argued that selling the model as
a 1930 Bentley Speed Six did not imply
that the vehicle was entirely original. They claimed
that the description of the car had no bearing
on the completed restoration work or the vehicles
provenance.
Upholding the appeal, Lord Justice Rix, sitting
with Lords Justice Sullivan and Lewison, criticised
the outcome of the earlier hearing. The judges
ruled: A Bentley Speed Six would, as it
seems to us, be a Bentley Speed Six even if it
had spent the whole of its life mouldering in
a Maharajah's garage, and disintegrating there
into dilapidation, before being rebuilt..
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Mr Mann welcomed the decision
claiming that the previous judgement would have
had immense consequences for the entire
antiques market.
Speaking outside the Royal Courts of Justice on
Wednesday, he said: The problem with 80-year-old
cars like these is that at some stage everything
has to be replaced. If you replace the leg on
a Sheraton table, it is still a Sheraton table...
This is a good day for the historic car business
and indeed, had the flawed (earlier) judgment
been allowed to stand, the implications for the
entire antiques market would have been immense.
The lengthy battle over the Bentley began when
Mrs Brewer, of Oakham, Rutland, bought the car
from Mr Mann, of Radlett, Hertfordshire, nearly
five years ago.
Launched in the late 1920s, the legendary Speed
Six was built during the company's heyday and
is regarded as the finest vintage models Bentley
has ever produced.
With a six-and-a-half litre engine providing 180
horsepower, the classic British sports car proved
to be Bentley's most successful racer winner with
two victories at Le Mans in 1929 and 1930.
But during a High Court hearing in October last
year, Mrs Brewer claimed that she had been shocked
to discover only part of her Bentleys chassis
was original, and that the vehicles engine
was a reconstructed standard 6.5 litre
unit dating to 1927.
Ruling on the case then, Judge Anthony Thornton
QC said the car had been so heavily worked on
it was no longer capable of being accurately
described as a 1930 Bentley Speed Six Car.
But the appeal judges criticised his findings
saying he had misunderstood or misinterpreted
the evidence of the experts and that he created
issues where there were none.
They added: We express our regret at this
unhappy outcome, but in circumstances where the
trial as a whole was undermined by the judge's
apparent loss of the necessary objectivity, no
other solution has been possible.
Mr Mann, who has dealt in vintage Bentleys for
more than 40 years, has since bought back the
Bentley. After completing further restoration
work he sold it on again six months ago for £675,000.
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COMMENTS
Robert McLellan
Founder, VintageBentleys.org |
BELIEVE
IT OR NOT!
The implication here is that it is better
not to judge a car on its originality because
if you do, that could lower its value if
it is less than original. Therefore, it
is best to not disclose the truth and thus
the value will remain high, which is in
the best interest of the market place. That
is the philosophy of many dealer/sellers.
If no one can tell a non-original car from
an original car, will the market values
go up or down?
The philosophy of VintageBentleys.org has
been to provide the true history and originality
or non-originality of Vintage Bentleys.
Vintage Bentley Services was created to
evaluate the cars so that buyers like Brewer
would get an honest evaluation of the cars
they are considering buying.
Yes, many dealers and sellers of non original
cars hate us, but buyers love us. We salute
those who wish to maintain the integrity
of the hobby.
March 30, 2012
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COMMENTS
Erik Thomas, USA |
"I think the case of the "Speed
Six" had been correct in the lower
court. Too much fakery out there. Our quaint
hobby has been taken over by snake oil salesmen
and speculators."
March 31, 2012
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