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<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
There is no generally
accepted term that describes the use of a substantial
part, particularly the engine, which has been transformed
from its original place in one model to resemble
and be placed in another model. In this case, the
car now has its original Speed Six chassis number
but its engine and all other parts have been replaced.
They all resemble the original Speed Six parts.
The engine is a reconstructed Standard 6�-litre
engine, the chassis has been almost entirely rebuilt
and all parts have come from undocumented sources.
Thus, none of the individual parts including the
engine and chassis have any substantial connection
with the original car. The result is a car which
resembles a Speed Six with a reconstructed Standard
6�-litre engine to what is said by Mr Mann to be
to Speed Six specification.</s> | 1,359 |
<s>[INST] Who are the main participants in the following event? [/INST]
I have adopted the
word "reconstructed" to describe this substantial
process of change since it is a fundamentally different
process to that of "rebuilding" a Speed Six car.
In the evidence, with regard to the 1927 6�-litre
engine in the car, other words, such as "reconstitued",
"adapted", "transformed" or "converted" were also
used.</s> | 1,360 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
(2) Mr Mann's history of involvement
with vintage Bentleys</s> | 1,361 |
<s>[INST] What details can you share about the following response? [/INST]
On leaving school,
Mr Mann worked in, and later ran, his father's butcher's
shop. He needed further outlets and he then trained
as a photographer and also bought his first vintage
Bentley. He soon realised the potential for acquiring
vintage Bentleys and restoring, rebuilding or reconstructing
them in Le Mans style and then selling them to vintage
Bentley enthusiasts. He had acquired the necessary
mechanical skills working in the workshop premises
that he had set up at the back of his father's butcher's
shop in Edgware, Middlesex. Mr Mann, additionally,
became involved in racing vintage Bentleys and he
prepared cars for this purpose for himself and for
other enthusiasts.</s> | 1,362 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
When Mr Mann started
his vintage Bentley business, he carried out whatever
restoration, rebuilding or reconstruction was required
by the owner or intended owner of the car he was
working on. In the early 1970s, Bentley enthusiasts
bought restored vintage Bentleys to enable them
to be driven safely on the road and for their contemporary
looks and their sound when being driven. Bentley
enthusiasts were not much concerned with the extent
to which the various parts of the car's engine or
chassis were the same as those in the car when it
left the Cricklewood works in the 1929 or 1930.
Furthermore, they were not concerned with whether
the chassis and engine numbers matched the equivalent
numbers when the car had first been delivered. It
was common for purchasers to instruct and to accept
the use of entire engines, gear boxes and axles
that had been taken from another vintage Bentley
and for the wholesale use of replacement replica
manufactured parts which had been made of better
materials with finer tolerances than their original
counterparts</s> | 1,363 |
<s>[INST] What event is described in the following response? [/INST]
By 1976, Mr Mann
had decided that he wanted to go racing with a Speed
Six. He had a good working relationship with Mr
Tony Townshend who was also a restorer of vintage
cars. Mr Mann could not afford an original Bentley
Le Mans car, not surprisingly since he considered
that an original Le Mans racer would have cost at
least �3m at that time. Mr Mann was interested in
acquiring an original Speed Six which he could restore,
rebuild or reconstruct to his own specification.
Mr Townshend said he had such a car which was in
considerable disrepair and needed fully restoring.
That led to Mr Mann visiting Mr Townshend where
he found, hanging on a peg in the workshop, a chassis
in very poor condition. Resting nearby were two
axles and a steering column which Mr Townshend told
Mr Mann had come from the same car. There was nothing
else. Clearly, the bodywork would have rusted away
and disintegrated many years previously but there
was no engine or other parts of the chassis such
as the radiator, wheels, hubs, fuel tank and suspension.
Mr Mann stated in his witness statement that many
of these parts were also with the chassis but he
accepted in his oral evidence that he only acquired
the axles and steering column in addition to the
severely corroded chassis.</s> | 1,364 |
<s>[INST] What event is described in the following response? [/INST]
Over the next four
years, Mr Mann restored the chassis using the expert
restoration services of Mr Julian Ghosh who was
based in Sutton Coalfield and to whom he paid �1,900.
The invoice, which dates from 1978, stated that
that payment was for "repair work on Bentley Speed
Six chassis SB2770 so as to be suitable for vintage
racing". Mr Mann provided the car with a proper
modern hydraulic braking system, an understandable
use of post-vintage parts given that he was to race
the car. He remade a radiator, that he must have
acquired from elsewhere, to the slightly lower line
of the Le Mans Style body and he also claimed to
have acquired a Bentley type C gear box and then
restored it. Mr Fenn's evidence was that all Speed
Sixes had a type C gear box so he and Mr Mann assumed
that that is the type of gear box that is in the
car. However, this was not verified. Mr. Sibson
was unable to satisfy himself that the gear box
was a type C rather than a type D because of the
lack of appropriate authenticating documentary records
and his not being permitted to take the gear box
apart to inspect it in detail.</s> | 1,365 |
<s>[INST] What event is described in the following response? [/INST]
Mr Mann acquired,
as he put it in his witness statement, an engine
"to Speed Six specification in about 1979 from a
Mr U. J. Smith who lived in Sweden" which he stated
that he installed into the car without further ado.
He added all the other parts associated with the
chassis, but his evidence did not identify what
those parts were or where he got had them from since
his evidence was that he has long since mislaid
any documents relating to the reconstruction of
the car save for thirteen invoices relating to the
acquisition of new parts and to some boring work.
He could not satisfactorily explain why these invoices
had not been supplied to Mrs Brewer with the car
as part of its continuous history nor why they had
not been disclosed with his original list of documents
nor what had prompted their belated disclosure.
Although he insisted that these documents showed
work to the reconstructed engine which he had obtained
from Mr Smith, he could not explain why so many
new parts, on thirteen separate occasions over a
two-year period, had been acquired purely to recondition
an already reconstructed engine which, on his evidence,
had not been used since it had been reconstructed.
All he could remember was that, for the reconstruction
process of the car as a whole, he used such original
parts as he could get hold of but otherwise he had
used modern replacement parts which were similar
to the original Speed Six parts.</s> | 1,366 |
<s>[INST] What is the main topic of the following response? [/INST]
This reconstruction
work on the chassis and the engine was finally completed
in late 1980 and, soon afterwards, his workshop
was visited by Mr Ian James who was a vintage Bentley
owner and enthusiast. Mr James was so attracted
to the car that he insisted on buying it as a running
chassis, being the chassis and the attached engine,
and he specified the type of replica bodywork and
interior finish that he wanted. Mr Mann agreed to
sell the car to Mr James having arranged for Mr
James's specified replica Van den Plas-style bodywork
and interior fittings to be installed. That is how
the car came to have added to it its current Van
den Plas-style replica bodywork finished in correct
racing green with correct-style racing headlamps
and a correct-style long-range fuel tank.</s> | 1,367 |
<s>[INST] Who are the main participants in the following event? [/INST]
(3) The car and its history</s> | 1,368 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Source materials.
The fragmented records available for many vintage
Bentleys have given rise to a fascinating new branch
of mechanical archaeology in which these records
are combed to produce books of factual information
about all vintage Bentleys that were produced at
Cricklewood and also Bentleys produced in the Rolls
Royce works near Derby in the years between 1931
and 1939. These sources of recorded information
about vintage Bentleys are, principally, the works
records, which are still available, from the Cricklewood
works and also from the Van den Plas coachworks
which is the coachworks that supplied more bodywork
and livery for the 6�-litre and Speed Six cars than
any other coachworks. The sales records of Jack
Barclay Ltd, who sold many of the vintage Bentleys
that were produced when they first came onto the
market, are also still available. These records
are supplemented by the extensive records of the
BDC which was formed in 1936 and is open to all
Bentley owners. Finally, the DVLA licensing records
and the service records, log books and related documentation
of many vintage Bentleys have also been used as
source materials where these are available. All
these sources have been used to produce three invaluable
books or inventories which list every vintage Bentley
that was produced with details of its original chassis,
engine and vehicle registration numbers and as much
additional detail as is available about the subsequent
individual ownership history and available details
of any restoration, rebuilding or reconstruction
that has taken place. Much technical detail about
Speed Sixes is also recorded in a further book sponsored
by the BDC[5].</s> | 1,369 |
<s>[INST] Who are the main participants in the following event? [/INST]
Continuous
history. It is clear that everyone involved
with Speed Sixes now regard it as essential, for
such a car to be properly described as a Speed Six,
to be accompanied by a continuous history, being
a full, unbroken and authentic set of documents
which identify in a reliable manner who has owned
the car, the uses that it has been put to and a
description of its service history and any restoration,
rebuilding or reconstruction work that the car has
experienced throughout its life since originally
leaving the Cricklewood works. The evidence suggested
that this view arose, or was at least confirmed,
as a custom of the Speed Six trade by Otton J's
judgment in 1990 in Hubbard v Middlebridge Scimitar
Limited[6]. This "Old Number One" judgment is certainly
widely known to, and relied on by, enthusiasts,
owners, dealers, auctioneers and valuers involved
with Speed Sixes.</s> | 1,370 |
<s>[INST] What event is described in the following response? [/INST]
Physical and
specification differences. The trial
was not concerned directly with the physical differences
between Speed Six and Standard 6�-litre engines.
However, some of the differences emerged in the
evidence. The principal changes from the car's engine's
original state as a Standard 6�-litre engine that
occurred to reconstruct it as at Speed Six-type
engine were the installation, in place of the original
parts, of a revised radiator; an electric pump or
a double ended electric pump to draw petrol to the
carburettors instead of an Autovac dependant on
vacuum pressure from the inlet manifold; a different
Speed Six camshaft; twin S.U. vertical-type carburettors
on a single port inlet manifold instead of Smith
5-jet carburettors; a single port block instead
of a multi port block; up-rated Speed Six connecting
rods and high compression pistons.</s> | 1,371 |
<s>[INST] What event is described in the following response? [/INST]
The intended purpose
of all these changes was to enable the engine to
resemble the 1930 Speed Six engine physically and
to increase its power and reliability and the speed
of the car so that it performed as a 1930 Speed
Six engine and could survive the additional stresses
of high speed long-distance racing and satisfy the
1930 Speed Six engine specification.</s> | 1,372 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
It was not, however,
established whether the Cricklewood works published
a formal specification for the Speed Six engine.
The way that the works operated would suggest that
no such formal specification was ever produced since
the various engines being produced there were constantly
being adapted and the designers and mechanics worked
from experience and not from a rule book. However,
a specification has since been compiled retrospectively
for the Speed Six and Standard 6�-litre engine types
by the BDC. This specification was accepted at the
trial as being the relevant specification against
which the car's engine should be compared and, by
inference, was the specification that Mr Mann claimed
in evidence to have referred to in his discussions
with Mrs Brewer as the "Speed Six specification".
The Speed Six specification comes in two versions,
being the 1929 and the 1930 versions, and the parties
accepted that the 1930 version was the appropriate
one to use for the car.</s> | 1,373 |
<s>[INST] Who are the main participants in the following event? [/INST]
The relevant differences
between these two retrospectively compiled specifications
are as follows:
Specification Speed Six (1930) Standard 6�
Engine
Compression ratio 5.1 to 1 4.4 to 1
Brake Horse Power ("BHP") 180 147
Chassis
Wheelbase 11'8� and 12'8�* 12'1� and 12'7�
Overall length 15'7" and 16'7" 16'1"and 16'7"
* Le Mans car wheelbase equals 11'0"</s> | 1,374 |
<s>[INST] What details can you share about the following response? [/INST]
The BDC Speed Six
specification cannot be considered to be a definitive
specification of a 1930 Speed Six since, as was
explained by Mr Sibson, the Speed Six specification,
if such had ever existed, would have been originally
linked to Speed Six engine performance in the different
and heavier duty conditions pertaining to 1930 compared
to the less onerous conditions now prevailing in
such respects as the current friendlier fuel composition,
superior road standards and more rigorous manufacturing
tolerances. Thus, a car which on testing appears
to satisfy the Speed Six specification will not
necessarily have satisfied the same specification
in 1930 given the much heavier duty required of
a working engine at that time.</s> | 1,375 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Car as delivered
in 1930. The first registered owner of the
car was a Miss Unwin about whom nothing is now known.
It is recorded that she took delivery of the car
in February 1930, that her coachbuilder was Freestone
& Webb and that the car had a saloon body built
on the Weymann principle.</s> | 1,376 |
<s>[INST] Who are the main participants in the following event? [/INST]
Early history.
It is recorded that the car was acquired by Major
Charles Stevenson in 1936 and by Charles K. Mortimer
in 1937. It would seem that Mr Mortimer bought the
car from Major Stevenson for �90 and sold it for
�27 10s a year later in April 1938. The log book
or books relating to the car prior to 1981 have
not survived and the log book for the period between
1981and 2005 was not handed on to Mrs Brewer by
Mr Mann and its contents were not adduced in evidence.
However, it is clear from other evidence that the
kind of detail that these books contained was such
that the most recent log book would only have provided
the name of the owner since 1981 and the date of
the car's registration with the DVLC, which is information
that is known from other sources.</s> | 1,377 |
<s>[INST] What details can you share about the following response? [/INST]
Only two additional
pieces of information about the car prior to 1975
survive. The first is derived from a copy of Bonham's
sale particulars of a car auctioned at Quail Lodge
Resort in California in August 2008. The car was
described as a:
"1927 Bentley Speed Six two-seater and Dickey. Coachwork
by Markham. Chassis no. DH2206. Engine no. NH2732"
That engine and engine number were the engine and
number that were in the car when it was delivered
to Miss Unwin in 1930. The particulars described
in detail how this particular car came to be reconstructed
with Miss Unwin's car's engine in this passage:
"� this stunning two-seater Speed Six � was created
in 1936 by combining the chassis of a 1927 standard
12ft. wheelbase Weymann fabric saloon by Gurney
Nutting, shortened to a very non-standard 10ft wheelbase,
with the engine from a 1930 Speed Six saloon originally
delivered to a Miss Unwin to create one man's dream
of the ultimate high-speed tourer. That individual
was motor dealer Reg Mead of Taplow, Buckinghamshire,
who specialised in buying and selling high-quality
second-hand sports cars."</s> | 1,378 |
<s>[INST] What is the main topic of the following response? [/INST]
The particulars
also explained that the car had shown up in St Louis
in 1965 but stated that it is not known how that
happened or to whom it was sold. However, the car
was found there in 1979 by its American owner who
was selling the car, Mr Paul Sydlowski. He had owned
this car for over 26 years before putting it up
for sale at Quail Lodge in 2008. Quite by chance,
at some time between 1981 and 1986, this car was
being driven by Mr Sydlowski to a rally in Venice
and, whilst parked, was joined in the adjacent parking
spot by Mr James who was driving the car to the
same rally. Mr James many years later, when writing
to Mr Mann to tell him how much pleasure the car
had given him, mentioned this chance encounter since
he had discovered during it that Mr Sydlowski's
car had the car's original engine in it.</s> | 1,379 |
<s>[INST] What is the main topic of the following response? [/INST]
Mr Brewer came across
these particulars when searching the internet and
nothing more is known about how and why Miss Unwin's
Speed Six engine came to be used by Mr Mead in 1936
to create what the particulars erroneously dated
as a 1927 Speed Six since Speed Sixes were only
first produced in 1929. The engine may well have
been taken from the car either just before or just
after it was recorded as having been acquired by
Major Stevenson. It should be recorded, however,
that there is no record in the Bentley and Rolls
Royce records of an engine change for the car in
the 1930s. There was also no evidence as to whether
it can be presumed that the absence of a reference
to an engine change in these records in the years
up to the Second World War means that there was
no engine change in that period. I find that the
August 2008 sale particulars are reliable in stating
that the car's Speed Six engine had been removed
from the car in the period 1930 - 1936 and had been
installed by Mr Mead, based in Taplow, Buckinghamshire,
into another Speed Six in 1936 and was still in
existence in that other car as recently as August
2008.</s> | 1,380 |
<s>[INST] Who are the main participants in the following event? [/INST]
The second piece
of information about the car in its early years
is that one of its pre-war owners, Mr Mortimer,
acquired the car in 1937, presumably without its
original engine. He evidently owned a collection
of four Speed Sixes in the period 1937 � 1939 and,
in an article in the Autocar in October 1944
about these four cars, there is a photograph of
the car taken in about 1938 with the same registration
number as the car now has, but with a Grafton coup�
body instead of Miss Unwin's Freestone & Webb
Weymann body.</s> | 1,381 |
<s>[INST] Who are the main participants in the following event? [/INST]
The car's various
numbers are as follows:
Registration Number: PG6345
Chassis Number: SB2770
Original Engine Number: NH2732
Current Engine Number: WK2671
The car's registration number was de-registered
at some stage prior to 1981 and was re-registered
in that year after Mr Mann had satisfied the DVLC
that it had the same chassis number as the car that
had originally been registered with that number.</s> | 1,382 |
<s>[INST] What details can you share about the following response? [/INST]
By the end of the
trial, as much of the history of the car's engine,
chassis, bodywork and DVLA number had been ascertained
as it is now possible to ascertain but there are
still significant gaps in knowledge about the car's
continuous history up to 1981.</s> | 1,383 |
<s>[INST] What details can you share about the following response? [/INST]
Continuous
history - summary. The uses and whereabouts
of the car are virtually unknown from 1930 until
July 1976. Thus, there is no information as to its
history at all after 1938, unless the reference
to the car in the 1944 Autocar article can
be taken to indicate that it was still in good condition
at that time. Thus, it is a complete mystery what
happened to the car so as to be without its engine
and its bodywork and with only a very corroded and
incomplete chassis when Mr Mann came across the
remains of the chassis in 1976. It was not proved
that the axles and steering column found by Mr Mann
close to the corroded chassis in 1976 had come from
the same car as the chassis had come from. Thus,
in 1976, all that can be shown to have survived
of Miss Unwin's original car was part of a very
badly corroded chassis.</s> | 1,384 |
<s>[INST] What details can you share about the following response? [/INST]
Chassis.
I have already described how the remnants of the
original Speed Six chassis came into Mr Mann's possession.
He stated that he was unable to remember whether
he had been given any details of the chassis by
Mr Townshend and his evidence was that he was not
provided with any documents by Mr Townshend that
gave any clue as to the history of the car since
1930 or even since 1937 when it is now known to
have been acquired by Mr Mortimer.</s> | 1,385 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
In about 1978 Mr
Mann arranged for the chassis to be heavily restored
as I have already described. There was some dispute
at the trial as to the nature and extent of this
restoration work. Mr Sibson carefully examined the
chassis and measured it. He concluded that the middle
section was a newly fabricated section inserted
to replace the original section and which had been
welded to the original metal front section. He also
concluded that the rear section, although of old
metal, appeared to have been recently placed into
the chassis and to have been taken from a Standard
chassis. In other words, Mr Ghosh must have replaced
the existing rear section of the Speed Six chassis
with the rear section of an old Standard chassis.</s> | 1,386 |
<s>[INST] Who are the main participants in the following event? [/INST]
Mr Sibson reached
this conclusion because:
"The chassis rear � is thinner than the rest of
the chassis and thinner than a chassis for a Speed
Six. On a Speed Six, the chassis was of a thicker
material, 3/16" (.188 thou, 4.762mm). A standard
6� litre Bentley being 5/32" (.156" thou, 3.96mm).
� The welds to the rear � have no explanation other
than the rear section having [previously] been removed
... at some time from a thinner metal which may
well be from a standard model. � The rear section
of the chassis does not appear to be part of the
original chassis as indicated by its thinner metal
and the welds."</s> | 1,387 |
<s>[INST] What details can you share about the following response? [/INST]
Finally, it was
clear, and Mr Mann accepted, that the overall length
of the reconstituted chassis had been reduced from
its length in the original Speed Six so as to make
its length more compatible with, but not identical
to, a Speed Six Le Mans racing length.</s> | 1,388 |
<s>[INST] What details can you share about the following response? [/INST]
Mr Fenn disputed
that there was any appreciable difference in thickness
between the front and rear sections or that the
chassis's overall length had been shortened since
it was not currently at the precise Le Mans racing
length but was a little bit longer than this. He
did accept that parts of the side rails of the chassis
had been replaced, probably with slightly thicker
steel, to give it more strength. He did not identify
precisely which parts he was referring to. However,
his evidence was not convincing since it did not
address the signs of cuts and welds whose presence
had no other obvious explanation than that provided
by Mr Sibson and he did not produce alternative
measurements or identify precisely which parts of
the chassis he accepted had been changed so as to
put Mr Sibson's measurements or observations in
doubt.</s> | 1,389 |
<s>[INST] What event is described in the following response? [/INST]
Most of the front
part of the chassis was clearly the front part of
the original chassis of the car when delivered in
1930. This was clear from its appearance, the thickness
of the metal and the presence of the original chassis
number that was still in place on the chassis carried
by chassis dumb irons.</s> | 1,390 |
<s>[INST] Who are the main participants in the following event? [/INST]
I conclude that
the chassis that had been obtained in a badly corroded
and incomplete state by Mr Mann in 1976 was reconstituted
in 1977 so that, like King Lear's kingdom, it was
divided into three sections. The part of the front
section that had not been replaced had come from
the original chassis from which the other two sections
had been lost or removed due to their previously
damaged and corroded state. The middle section was
made up of new metal to the appropriate Speed Six
specification. The rear section had originated from
a Standard Bentley or similar chassis and had been
added to this chassis in 1977. The chassis had been
shortened in length but, in its reconstituted state,
it satisfied neither the 1930 Speed Six specification
nor the shorter Speed Six Le Mans racing length.</s> | 1,391 |
<s>[INST] What is the main topic of the following response? [/INST]
Thus, part of the
front section of the chassis and its attached chassis
number is the only surviving part of the 1930 Speed
Six car that had originally been delivered to Miss
Unwin in February 1930.</s> | 1,392 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Engine.
The engine in the car had as its engine no WK2671.
This engine had started life as a Standard 6�-litre
engine in a Bentley 6�-litre model with chassis
number FW2614 which had been delivered from the
Cricklewood works in January 1927 to G. T. Applethwaite.
The next that is heard of this engine is when it
was bought by Mr Mann from Mr Smith, who described
himself as a Swedish collector and restorer of vintage
Bentleys. In an email to Mr Brewer sent in response
to a question about this engine that Mr Brewer had
emailed him on 27 January 2010, Mr Smith explained
that he was a Bentley fanatic who had owned 27 Bentleys
of which he had rebuilt 21, most of which were complete
rebuilds. Mr Smith had dealt with Mr Mann on occasions
over the years and, in March 1978, he had sold Mr
Mann the WK2671 engine for �2,000. His invoice for
that sum was disclosed in these proceedings by Mr
Mann but it had not been given to Mrs Brewer. It
is dated 3 March 1978 and refers to the engine that
he was selling in this way: "As to Bentley 6� litre
engine no. WK2671". It would seem, from a second
email from Mr Smith to Mr Brewer, that Mr Smith
had acquired this engine as a 6�-litre engine from
Mr Waldie Greyvensteyn, a South African living in
South Africa, at some unspecified time in the past
and had never used it, indeed had never taken possession
of it having bought it and had arranged for it to
be sent from South Africa to Mr Mann in England.
According to Mr Smith's email, this engine had been,
as Mr Smith put it:
"� upgraded to Sp. 6 spec, which of course was done
to a large number of cars, some by Bentley motors,
some by H.M. Bentley and so forth".
The email did not state when or by whom this upgrading
work had been carried out.</s> | 1,393 |
<s>[INST] What event is described in the following response? [/INST]
Mr Mann stated that
so far as he knew, this upgrading had been undertaken
in South Africa whilst the engine was in Mr Greyvensteyn's
possession. This is, however, improbable. Mr Brewer
undertook research through the BDC's Advertiser
and came across this offer for sale, apparently
placed by W. Greyvensteyn in the November 1976 issue:
"TOURING 6�-litre engine, no. WR2671(sic), complete,
minus water-pump, generator, self-starter, carbs..
dist. and magneto. Left engine bearer slightly damaged,
can be repaired. Last used in 1949 �".
It was accepted by all parties that the engine number
quoted in the offer was a misprint for WK2671 and
that the offer was referring to the car's current
engine.</s> | 1,394 |
<s>[INST] What is the main topic of the following response? [/INST]
What is not known
is how that engine got to South Africa and the circumstances
in which it was last used in 1949.</s> | 1,395 |
<s>[INST] What event is described in the following response? [/INST]
In the period between
March 1978 and December 1980, Mr Mann undertook
extensive work to the engine as evidenced by the
thirteen invoices for parts and re-boring work that
he disclosed that date from that period. As already
stated, these documents were not shown to Mrs Brewer
when she was negotiating to buy the car and Mr Mann
provided no satisfactory explanation as to why he
had neither provided them to Mrs Brewer as part
of the car's continuous history nor disclosed them
originally nor as to how and why he was able to
disclose them not long before the trial. The rebuilding,
to use Mr Mann's word, of the car, save for the
bodywork and internal fittings, was completed by
December 1980 when he sold it to Mr James having
first arranged for the addition of the new reproduction
bodywork to Mr James' requirements and then having
re-registered and licensed the car with the DVLC.
It was not known when and in what circumstances
the car had been previously de-registered with the
DVLC.</s> | 1,396 |
<s>[INST] What is the main topic of the following response? [/INST]
On the basis of
this evidence, I conclude that the engine was a
standard engine when it arrived in Mr Mann's workshop
and that he himself undertook the conversion work
between 1979 and 1980 which he stated must have
been undertaken in South Africa. Had the conversion
work been undertaken in South Africa, Mr Greyvenstyne
would not have referred to the engine as a standard
touring 6�-litre engine in drafting the sale offer
for the BDC's Advertiser and Mr Smith would
not have invoiced Mr Mann for the resale of the
engine two years later by referring to it as a standard
6�-litre engine. Both would have referred to it
as a standard 6�-litre engine that had been upgraded,
converted or reconstructed as a Speed Six engine.</s> | 1,397 |
<s>[INST] What is the main topic of the following response? [/INST]
In making this finding,
I also take account of the fact that Mr Mann undertook
extensive work to the engine as is evidenced by
the thirteen separate invoices for parts that he
arranged and for boring work that he arranged over
an approximately three-year period starting in March
1988. This work would appear to have been largely
unnecessary had the engine already been reconstructed
when he bought it. I also take account of his apparent
withholding of these invoices from Mrs Brewer when
selling her the car and in not providing her with
a detailed explanation of what work had been undertaken
to the engine but instead, on his case, merely informing
her elliptically that the engine was "to Speed Six
specification". This economy with the truth is not
consistent with his having openly and transparently
acquired from a third party a reconstructed 1927
Standard 6�-lite engine that he subsequently contended
was, to all intents and purposes, to be considered
as a Speed Six engine</s> | 1,398 |
<s>[INST] What details can you share about the following response? [/INST]
My finding that
Mr Mann reconstructed the Standard 6�-litre engine
is also reinforced by Mr Mann's evidence that he
had a ready source of Speed Six engine parts in
his possession in the period following his acquisition
of that engine. He had acquired a Speed Six engine
from Mr Smith about two years earlier than his acquisition
of the Standard 6�-litre engine from Mr Smith and
he had clearly originally intended to use that other
engine in the car that he was reconstructing. Indeed,
he had originally applied to the DVLC to re-license
the car with that other engine in it, as was revealed
in documents obtained by Mr Brewer from the DVLA.
Mr Mann gave an unsatisfactory explanation as to
why he did not, ultimately, use that other engine
in the car and as to what had subsequently happened
to it and he disclosed no documents about it so
as to identify its previous or subsequent history.</s> | 1,399 |
<s>[INST] What event is described in the following response? [/INST]
I am therefore reinforced
in my conclusion that Mr Mann reconstructed the
Standard 6�-litre engine using parts taken from
the Speed Six engine already in his possession and
parts acquired from other sources including those
evidenced by the disclosed invoices. This conclusion
is highly relevant in assessing the truthfulness
and reliability of Mr Mann's evidence as to what
he stated to Mrs Brewer about the engine since,
as I have concluded, it was he who had reconstructed
the engine nearly thirty years earlier. Despite
the passage of time, it is inconceivable that he
had forgotten that he had undertaken that work when
he spoke to Mrs Brewer about the engine in 2007.
My findings about that meeting, that are adverse
to Mr Mann, are set out below[7]</s> | 1,400 |
<s>[INST] What event is described in the following response? [/INST]
The car when
owned by Mr James. The car, at the
point in time when it was delivered to Mr James,
was the 1930 Speed Six car delivered to Miss Unwin
in February 1930 which had subsequently been completely
reconstructed with a reconstructed 1927 6�-litre
engine, a reconstructed and shortened chassis which
had retained less than one third of its original
metalwork, different component parts associated
with the chassis and reconstructed replica bodywork
and livery. In short, only the small front section
of the chassis and the original chassis number plate
had survived.</s> | 1,401 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
The car remained
in Mr James's possession for twenty five years until
he handed it back to Mr Mann with instructions to
sell it on his behalf. In that time, he had looked
after the car very well and had only clocked up
about 16,000 miles, mainly driving to and from Continental
vintage car rallies. In his letter dated 20 December
2006 to Mr Mann, which he wrote as a reference for
a prospective buyer when leaving the car with Mr
Mann to sell on his behalf, he stated:
"We've had more fun with this car than any of my
14 cars. We bought it in 1980 as a running chassis
and you kindly arranged for a body to be built and
fitted. The chassis was finished to a very high
standard as you used it as a showroom attraction.
I saw it in Motor Sport and came up to chat and
managed to persuade you to finish it for me. The
engine was also in very good condition with a repair
to the LH mounting lug. � Very sorry to part with
her but lack of time means she no longer gets the
use she deserves."</s> | 1,402 |
<s>[INST] Who are the main participants in the following event? [/INST]
Mr James provided
some documents that showed that he had looked after
the car by extensively servicing and maintaining
it on eight occasions between December 1984 and
May 2006. It is clear that Mr Mann had never tested
the car or its engine in any recorded way prior
to selling it to Mr James or once he re-took delivery
of it in December 2006 so as to confirm that it
was performing according to the BDC's historically
derived 1930 Speed Six specification and he never
obtained or produced test results and a test certificate
to confirm that the reconstructed engine was capable
of satisfying, and had been tested to prove satisfactory
performance of, the entirety of both the static
and dynamic parts of that specification.</s> | 1,403 |
<s>[INST] Who are the main participants in the following event? [/INST]
Continuous
history. Mr Mann did not show or
provide to Mr or Mrs Brewer any documents relating
to the car's continuous history prior to SMRL selling
it to Fortis. When the hire purchase agreement had
been concluded, Fortis authorised Mr Mann to release
the car to Mrs Brewer and Mr and Mrs Brewer went
to SMRL's premises and took delivery of the car.
The only documents that Mr Mann provided them with
were the receipts that Mr James had earlier provided
him with that related to the servicing history of
the car in the twenty six year period between 1981
and 2006. Mr Mann told the Brewers that those were
the only documents he then possessed. This was an
inaccurate statement since he was implying that
there were a variety of other documents that provided
a continuous history of the car that had existed
but which were not in his possession. However, as
is now known, there were very few other documents
in existence and the car did not have a continuous
history since the only other historical documents
that had ever existed were the log books and a number
of invoices relating to the reconstruction work
that he had carried out in the period 1977 � 1980
which Mr Mann subsequently produced by way of late
discovery in these proceedings and which must have
been in his possession when Mrs Brewer took possession
of the car.</s> | 1,404 |
<s>[INST] What is the main topic of the following response? [/INST]
Mr Mann's implied
representation to the Brewers that the car had a
continuous history as a 1930 Speed Six car was obviously
false. He had conveyed this to them by what he told
them when he handed over the limited documentation
that he gave them taken in conjunction with what
he had told them about the car previously. Mr and
Mrs Brewer accepted the car in the absence of any
other documents and of any other continuous historical
details since they trusted Mr Mann and the assurances
that he had given them during their negotiations
to buy the car that it was a 1930 Speed Six with
a Speed Six engine with a continuous history.</s> | 1,405 |
<s>[INST] Who are the main participants in the following event? [/INST]
Mr Mann's
test in 2009. Mr Mann stated in evidence
that he had tested the car not long before the trial
and in so doing had proved that the car satisfied
the entire Speed Six specification. However, he
did not undertake this testing in the presence of
Mr Sibson, he did not give Mr Sibson adequate notice
of his intention to prove the car and he did not
produce any test results, an inspection report,
the testing protocol that he had used or any independent
verification of the tests he had performed in the
form of a test certificate to establish his claim
that the car satisfied the Speed Six specification.</s> | 1,406 |
<s>[INST] Who are the main participants in the following event? [/INST]
Moreover, the only
test that he stated that he had carried out, a compression
test, on the basis of his evidence, had shown that
the engine satisfied a pressure of 140 psi which
is significantly lower than the pressure of 225
psi that Mr Sibson considered was to be expected
from a Speed Six engine. Furthermore, Mr Sibson
explained that this test was inadequate to prove
that the car satisfactorily complied with the Speed
Six specification. In his view, a rolling road dynamometer
test was also needed since the compression test
would not have provided any conclusive evidence
of the engine's attainable BHP. Mr Fenn dismissed
that view without giving any satisfactory technical
explanation as to why the rolling road dynamometer
test was both unnecessary and irrelevant and was
one that should not be carried out at all. Even
if Mr Mann and Mr Fenn did not regard this further
test as being necessary, it should have been carried
out in any event since Mrs Brewer's expert considered,
on reasonable grounds, that it was necessary and
no satisfactory explanation was offered as to why
it had not been carried out.</s> | 1,407 |
<s>[INST] What event is described in the following response? [/INST]
I therefore conclude
that the car was not satisfactorily tested in 2009
and that such test results as were claimed to have
been undertaken apparently showed that the engine
under load displayed significant non-compliance
with the BDC's 1930 Speed Six specification. I accept
Mr Sibson's view that neither the car as a whole
nor the car's engine met the 1930 Speed Six specification
even though this conclusion was based solely upon
a detailed visual examination of the engine and
chassis and the reported result of the compression
test that Mr Mann claimed to have carried out. Mr
Sibson had not been provided with access to the
car of a kind needed to test it fully. Mr Sibson
appeared to have reached the reasonable conclusion
that, in a number of important respects, neither
the car as a whole nor the engine met that specification.</s> | 1,408 |
<s>[INST] What details can you share about the following response? [/INST]
Mr James's
sale. When Mr James decided that
he wanted to sell the car, he left it with Mr Mann.
The arrangement was that Mr Mann would buy it from
him for �325,000 once Mr Mann had found a buyer
for it. The arrangement with Mr James was, therefore,
that he left it with Mr Mann on a sale or return
basis. Mr Mann, through SMRL, ultimately bought
the car from Mr James on 8 June 2007 for that agreed
price, having first sold it on or about 6 June 6
2007 to Fortis for �430,000. In his witness statement,
Mr Mann somewhat misleadingly states that he bought
the car from Mr James in 2006 but he accepted in
his oral evidence that he had an agreement to buy
it from Mr James dependent on a forward sale being
achieved and, somewhat dismissively, added that
he regarded himself as having bought the car on
taking delivery of it as a bailee from Mr James
because "I would have bought the car anyway".</s> | 1,409 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Valuation
of the car. I did not have to make
any finding as to the car's value or as to the value
that it would have had if it conformed to its description
as a 1930 Speed Six Bentley Car with a 1930 Speed
Six chassis and a full continuous documentary history.
However, it is clear from the various valuations
that were in evidence that the car was worth significantly
less than it would have been worth had it conformed
to its description. On the assumption that the car
was being valued in its actual condition and that
that condition was known to the valuer, it was clearly
worth between �325,000 and �550,000 in 2007 - 2008.
The first sum was the price that Mr Mann paid Mr
James for the car in June 2008 and the second was
the value placed on the car by Mr Fenn in May 2007.
Mrs Brewer and Fortis paid �430,000 for the car
in June 2007, a mid-point value. These figures were
fixed by those who were fully aware of the identity
of the car's engine as being one with a converted
or reconstructed Standard 6�-litre engine. Had the
engine been a 1930 Speed Six engine which was still
in its original condition, the car would have been
worth anything from �750,000 to several million
pounds sterling. The first figure was a speculative
figure provided by Mr Fenn in evidence and the much
higher figures arise from Mr Mann's evidence that
such a car would have been valued at between �2m
and �3m in 1975 and from the sale price of "Old
Number One" of �10m in 1990. It is obvious that
there must be a significant difference in price
between the two types of car given the unique and
historically significant nature of Speed Six engines
produced by W.O. at the Cricklewood works in 1929
and 1930 and their scarcity and rarity value.</s> | 1,410 |
<s>[INST] What details can you share about the following response? [/INST]
It is therefore
clear that the value of a Speed Six car is highly
dependent on whatever unique characteristics it
has acquired, on its continuous history and as to
how it has been used, looked after, rebuilt or reconstructed
over the years as well as on who is bidding for
the car and on the highly volatile vintage car market
at the time of the sale. It is also clear that whatever
the value of a 1930 Speed Six might be at any one
time, it will be appreciably higher than the corresponding
value of a reconstructed Speed Six with a reconstructed
1927 Standard 6�-litre engine a reconstructed 1930
chassis with no relevant continuous history and
with no verified and authenticated ability to satisfy
any relevant 1930 Speed Six specification.</s> | 1,411 |
<s>[INST] Who are the main participants in the following event? [/INST]
Mr Mann sought to
persuade the court in his oral evidence that there
was no significant difference in value between a
car with a Standard 6�-litre engine with an unproved
ability to satisfy a Speed Six specification and
one containing one of the few surviving W.O. Speed
Six engines that had been rebuilt and which was
still in good condition. This evidence is both self-evidently
wrong and highly damaging to Mr Mann's general credibility
and reliability.</s> | 1,412 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
The car's
lack of a continuous history. When
Mr Mann sold Mrs Brewer the car he handed over to
her documents relating to the servicing of the car
in the period when it was in Mr James' possession
after 1981. He handed over no documents relating
to his acquisition of the chassis, the engine and
the work he carried out on the car between 1976
and 1980 nor any documents relating to the previous
history of the 1927 engine or to the previous owners
of the car or its pre-history in the years before
1976. Mr Fenn accepted in cross-examination that
the car had no continuous history. I find that the
car lacked a continuous history for the entire period
between 1930 and 1981 and any authenticated documents
proving that history in that period. No such documents
were provided to Mrs Brewer.</s> | 1,413 |
<s>[INST] Who are the main participants in the following event? [/INST]
D. The Relevant Contracts
and Terms</s> | 1,414 |
<s>[INST] What is the main topic of the following response? [/INST]
(1) Background - Mr Mann
and SMRL</s> | 1,415 |
<s>[INST] What details can you share about the following response? [/INST]
Mr Mann has, for
many years, run his vintage Bentley sales and renovation
work through his one-man company, SMRL. However,
he did not champion or refer to this company in
his advertising material and he did not mention
SMRL in any of the advertisements that he put out
about the car. One of these advertisements was put
out in Classic & Sports Car, a fuller
advertisement was put out on his website and a slightly
different version was set out in the write-up about
the car that he gave Mr Brewer at their initial
meeting. Moreover, Mr Mann's email address was made
up of his name without there being any indication
in it of the company's existence. A further indication
that Mr Mann's business was a personal one was that
Mr Mann requested Mr Fenn to provide him with an
informal valuation of the car to reassure Mrs Brewer
and Fortis that the asking price was satisfactory.
Mr Fenn provided this in a letter dated 24 May 2007
which he addressed to Mr Mann personally and not
to SMRL. Mr Mann showed Mrs Brewer a copy of this
letter before she agreed to buy the car and a copy
was provided to Fortis. Mr Mann's invoices and letter
head were, however, in the name Stanley Mann Racing
with the company's name appearing in small letters
at the foot of the page but Mrs Brewer did not see
any of these documents until she was about to sign
the hire purchase agreement and pay the deposit
on the car.
(2) Background - Mr James' bailment and
conditional sale of the car with Mr Mann</s> | 1,416 |
<s>[INST] What details can you share about the following response? [/INST]
Mr James left the
car with Mr Mann in December 2006. He did not sell
the car to Mr Mann at that stage. Instead they agreed
the price at �325,000 and they also agreed that
the car would be left with Mr Mann on a sale or
return basis and that the sale would only proceed
if and when Mr Mann sold it on. There was, therefore,
a conditional contract in place which required Mr
Mann to market the car and involved the contractual
bailment of the car to him whilst it was being marketed.
It followed that either party could terminate this
contract and the bailment at will prior to any sub-sale
being completed on giving the other party reasonable
notice. Apart from the price, this conditional contract
contained no other express or implied terms. This
contract had been entered into because Mr James
wanted to sell the car and he knew and respected
Mr Mann since he had bought the car from him in
its current condition many years previously and
had been very satisfied with it. He was obviously
confident that Mr Mann would achieve a sale which
would enable him to receive his agreed asking price.
Once the car had been left with Mr Mann, he undertook
some service work on it in February 2007 and then
started to market it.</s> | 1,417 |
<s>[INST] What is the main topic of the following response? [/INST]
There is nothing
in writing to show whether Mr James contracted with
Mr Mann or SMRL when bailing the car. Mr James's
handwritten reference letter was addressed to "Stanley"
and it made no mention of SMRL. The only document
disclosed by Mr Mann related to the subsequent sale
contract. This was SMRL's sale invoice addressed
to Mr James and dated 8 June 2007, one day after
Mrs Brewer had taken delivery of the car. Since
there is no documentary evidence to suggest that
the original sale or return conditional contract
and consequent bailment of the car were agreed by
Mr James with SMRL and no evidence to suggest that
Mr James was aware of the existence of SMRL at that
stage, I conclude that the price at which Mr James
would sell the car and the understanding that Mr
Mann would arrange for the re-sale of the car and
that it would be bailed with him in the meantime
were agreed by Mr James with Mr Mann personally.</s> | 1,418 |
<s>[INST] What event is described in the following response? [/INST]
(3) Background - Mrs Brewer
starts her vintage Bentley search</s> | 1,419 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Following her marriage
to Mr Brewer in November 2002, Mrs Brewer developed
a considerable interest in vintage racing Bentley
cars, no doubt originally because she wanted to
share one of her husband's principal interests.
By the spring of 2007, she had decided to buy a
vintage Bentley for pleasure and as an investment
and that her acquisition should be either an 8-litre
or a Speed Six. She took advice on this from her
husband who has been a Bentley enthusiast for many
years, has owned and raced several vintage Bentleys
in the past and who owns various books about vintage
Bentleys. Mrs Brewer acquired some of her husband's
knowledge to assist her in her to develop her relatively
newly found enthusiasm for vintage Bentleys.</s> | 1,420 |
<s>[INST] What is the main topic of the following response? [/INST]
Her first foray
into vintage Bentley ownership was to travel with
her husband to Germany to view a vintage 8-litre
Bentley that they had learnt was on offer but she
decided not to buy this particular car because she
found out, when inspecting it, that it had some
unusual modifications. This car appeared, however,
to have a continuous history, meaning that there
was documentary verification of the successive owners
of the car and of all significant changes to its
chassis, engine and registration number from the
time when it had first been delivered to its first
owner from the Bentley works in Cricklewood to the
present day. Her discussions with this German dealer
taught her that vintage Bentleys were highly sought
after and that it was essential, if a particular
vintage Bentley was being considered, to check whether
it had a continuous history since without this,
a vintage Bentley car could not be proved to be
an authentic vintage Bentley and would be unlikely
to hold its value over the years.
(4) The contractual warranty and Mrs Brewer's
agreement to buy the car</s> | 1,421 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Prior to
the meetings with Mr Mann. Soon after
returning from Germany, on 8 May 2007, Mr Brewer
noticed Mr Mann's advertisement in the June 2007
edition of Classic & Sports Car advertising
the car for sale. Mr Brewer had known of Mr Mann
and of his reputation as a leading vintage Bentley
expert, dealer and restorer and he had met him at
various events. He phoned him, was informed that
the asking price was �425,000 and said that he would
come and see the car. Mr Mann referred him to further
details about the car that could be found on his
website which Mr Brewer visited and printed down.
Mr Mann also gave Mr Brewer a printed sheet containing
similar details about the car when they met.</s> | 1,422 |
<s>[INST] Who are the main participants in the following event? [/INST]
I will set out
these three pieces of sales literature in full.
I have highlighted the relevant critical passages
in each which are, in the light of my findings,
both significantly misleading and substantially
inaccurate. The letter in brackets after each highlighted
passage refers to my commentary below[8].</s> | 1,423 |
<s>[INST] What details can you share about the following response? [/INST]
The sales literature
reads as follows:
Classic & Sports Car
The car appeared in a half-page vertical
advertisement in Classic and Sports Car with
three other cars under the heading "Stanley Mann
Racing". The car was the top car in this column
of four cars being advertised for sale. The advertisement
showed a photograph of the car from the front with
its number plate clearly visible. The text read:
"1930 Bentley Speed Six. Restored by Stanley
Mann 1980. [A] One owner
since then (well he liked her) �POA"
Stanley Mann Racing's website
The details of the car on Stanley Mann Racing's
website, which made no mention of Stanley Mann Racing
Ltd, read as follows:</s> | 1,424 |
<s>[INST] What is the main topic of the following response? [/INST]
This Speed Six Bentley was restored
by Stanley Mann [C] in our old
workshop in 1980.
At the time I was rebuilding this Bentley with
the intention of racing her [D]
but this nice friendly chap walked in and said,
"No, I want one of those because I want to do
rallies and continental touring and that Speed Six
ticks all my boxes." [E]
So the next day we were finishing this
car for him.
I think he must have liked her because he is the
only owner she had in those 26 years.
Never done as concours car although even now she's
very smart and has a graceful look about her.
Recommended if you want W.O.'s finest [F]
and not at a break-bank price."</s> | 1,425 |
<s>[INST] Who are the main participants in the following event? [/INST]
Printed sales literature</s> | 1,426 |
<s>[INST] What details can you share about the following response? [/INST]
The first page set out the text
found on Stanley Mann Racing's website. The second
page contained this further information about the
car being offered for sale:
"Stanley Mann Racing
Fully rebuilt some 15,000 miles ago by Stanley
Mann (1979-81)
Both mechanically and bodily [G]
New correct fitted full V.D.P. Le Mans
body to drawings of the 1929-30 Le Mans cars. Four
seater with racing wings, fold flat screens and
Le Mans tank.
Engine rebuilt at this time [H]
and has proved very reliable still not showing
any signs of heating problems and constant 45
psi oil pressure all perfect. [I]
Rebuild including new radiator core,
full remetalled engine [J],
new bearings all round (engine, rear axle, gearbox
and axles)
Trimmed in best materials and still in excellent
condition
All brakes functioning well and with a rear axle
ratio of 3-1 this Speed Six will happily run all
day at 3100 which is its cruising speed of 100 mph."
[K]</s> | 1,427 |
<s>[INST] What is the main topic of the following response? [/INST]
Misleading
nature of the advertising material. The
misleading nature of this advertising material can
be summarised under four main headings:
(1) The statement that the engine was a Speed
Six engine. This statement was conveyed by the
provision of both the chassis number with the engine
number as if they were the originally paired Speed
Six numbers ([B]). However,
the engine number was not the original Speed Six
engine number that had been paired with the original
Speed Six chassis number, it was the number of a
Standard 6�-litre engine that had been added to
the car at a later date.
(2) The statement that the engine satisfied the
Speed Six engine specification and performed as
a Speed Six racing engine. This statement was
conveyed by the three statements that referred to
the engine's 45 psi oil pressure, to its being a
fully remetalled engine and to its running at 3100
all day at a cruising speed of 100mph ([I],
[J] and [K]). These statements also
conveyed to the informed reader the fact that the
engine was a Speed Six engine. However, the engine
was not a Speed Six engine, it did not satisfy a
Speed Six engine specification and it had never
been proved to satisfy the performance requirements
of any such specification.
(3) The statement that the car was a Speed Six
car that contained an original 1930 Speed Six engine.
This statement was conveyed by the statement that
the car was the car for you "if you want W.O.'s
finest" ([F]). This was a particularly
significant statement because W.O. was particularly
known as the designer and manufacturer of Speed
Six engines, all of which had been produced by W.O.
and his racing team under W.O.'s personal supervision
in the Cricklewood works between 1929 and 1930.
It followed that the statement that the car that
was one of W.O.'s finest amounted to a statement
that the engine in the car was an original 1930
Speed Six engine. Similarly, the statement that
the car was one recommended by Mr Mann since "I
want to do rallies and continental touring and that
Speed Six ticks all my boxes" ([E]).
In context, this was a statement that the car had
a 1930 Speed Six engine and chassis. However, the
engine was a 1927 Standard 6�-litre engine reconstructed
by Mr Mann in the period 1978 � 1980 with a chassis
that had started life as a 1930 Speed Six chassis
but which had been reconstructed so as to consist
predominantly of other parts and which no longer
conformed to the Speed Six chassis specification.
(4) The statement that the 1930 Speed Six car
had been restored ([A]
and [C]) or rebuilt
([D], [G] and
[H]). In context, these statements were
to the effect that the car remained a 1930 Speed
Six car despite the work that had been done to it.
This was because of the accepted terminology of
vintage Bentley enthusiasts, who used the words
"restored" and "rebuilt" to mean that the original
engine and chassis remained in the car even though
the car had been extensively worked on over the
years. In other words, the original engine and chassis
remained in the car despite the work that had since
been done on the car to date. However, the work
that had been done to the engine and chassis was
far more than restoration or rebuilding work. The
car had been reconstructed with a different engine
and a completely transformed chassis and it could
no longer be described without qualification as
a "1930 Speed Six".</s> | 1,428 |
<s>[INST] What event is described in the following response? [/INST]
In summary, these
representations inaccurately and misleadingly conveyed
the meaning to an informed reader such as Mrs Brewer
that the car retained its original Speed Six engine
and chassis which had been rebuilt but which still
survived as a Speed Six engine with a proved capability
of satisfying all aspects of the Speed Six specification.
These representations were reinforced and confirmed
by the absence of any reference in any of the documents
to the fact that the engine was a Standard 1927
6�-litre engine and that the chassis had been significantly
reconstructed so as to resemble a Speed Six chassis
that satisfied the Speed Six chassis specification.</s> | 1,429 |
<s>[INST] Who are the main participants in the following event? [/INST]
Mr Brewer's
meeting with Mr Mann. Soon after
the initial telephone conversation, Mr Brewer went
to see the car on a Sunday morning, which is a time
when Mr Mann opens his premises for viewing cars
being offered for sale. Mr Brewer said in evidence
that he asked Mr Mann whether the engine was a Speed
Six engine and that Mr Mann told him that it was.
Mr Brewer then explained that his wife would be
buying the car so that she would have to come and
see it. Mr Mann denied that he had stated that the
engine was a Speed Six engine. He recalled that
they agreed a price of �430,000, subject to a �5,000
discount and that Mr Brewer wanted to borrow the
money so that he put Mr Brewer in touch with Mr
Hardiman who was a representative that he knew at
Stoke Park Finance Ltd who had arranged finance
for previous buyers of his vintage cars. Mr Brewer's
evidence, which I accept, was that the part of the
discussion about financing the deal occurred at
the meeting on 20 May 2007.</s> | 1,430 |
<s>[INST] What is the main topic of the following response? [/INST]
Mr and Mrs
Brewers' meeting with Mr Mann. Mr
and Mrs Brewer then visited Mr Mann's premises on
20 May 2007 to view the car. Mrs Brewer said she
did most of the talking on their side. She said
that she told Mr Mann that she was only interested
in a genuine Speed Six car which would hold up as
an investment in the collector's market. She asked
whether the car was a Speed Six and whether the
engine was a Speed Six engine given that it was
not a matching car, by which she meant a car whose
chassis and engine numbers were the same as when
the car was first delivered from the Cricklewood
works. Mr Mann answered both questions in the affirmative
and explained that Bentley often changed engines
if a customer came back with a problem. This led
Mrs Brewer to believe that the engine change that
had occurred had been made soon after the car had
first been delivered and that the Cricklewood works
had changed one Speed Six engine for another. She
also stated that she asked Mr Mann about the restoration
work that he had done and informed him directly
that she was only interested in buying the car if
it had a Speed Six engine in it. She clearly recalled
that Mr Mann assured her that the engine was a Speed
Six engine. She did not recall Mr Mann explaining
to her that the result of the work that he had done
was such that the engine was to Speed Six specification
but she was sure that if this was said, it was said
in the context of the work that Mr Mann had done
was work undertaken on an original Speed Six engine
in a way that ensured that the engine remained one
that satisfied the Speed Six specification. Finally,
she remembered that Mr Mann had stated, on being
asked by her, that about 100 Speed Sixes had been
built originally but that only about 40 of these
were left. This was important to Mrs Brewer, she
stated, because she wanted the car to hold its value.
Mr Brewer confirmed his wife's account of the conversation
between her and Mr Mann which he had listened to
but had not participated in.</s> | 1,431 |
<s>[INST] What event is described in the following response? [/INST]
Mr Mann appeared
to have little recollection of the conversation
as recounted by Mrs Brewer. He stated that he remembered
stating that the engine was not original to the
car, that one of the Brewers had asked whether the
engine change meant that the car was no longer a
Speed Six and that he had answered that it was a
Speed Six car but that, like all cars of that age,
it had gone through changes during its life and
that the engine had been prepared to Speed Six specification.</s> | 1,432 |
<s>[INST] What event is described in the following response? [/INST]
It was agreed at
the end of the meeting that Mrs Brewer would buy
the car for �425,000 subject to financing being
arranged through Mr Neil Hardiman, the Stoke Park
Finance Ltd's representative that Mr Mann had introduced
them to.</s> | 1,433 |
<s>[INST] What details can you share about the following response? [/INST]
Discussion
- general. This meeting gives rise
to two critical issues:
(1) What did Mr Mann state about the engine and,
in particular, did he state that it was "a Speed
Six engine" or, alternatively, that it was prepared
"to Speed Six specification"; and
(2) Was what Mr Mann said about the engine a statement
that amounted to a contractual warranty?</s> | 1,434 |
<s>[INST] What details can you share about the following response? [/INST]
Mr Mann's
statement. Much time was taken up
in cross-examining Mrs Brewer and, at less great
length, Mr Brewer to the effect that their evidence
on this crucial issue was untrue or mistaken and
Mr Mann was subjected to similar albeit much shorter
cross-examination. I was satisfied, taking all the
evidence as a whole, that Mrs Brewer's account of
the discussion was correct and I therefore accept
it.</s> | 1,435 |
<s>[INST] What details can you share about the following response? [/INST]
It follows that
Mr Mann did not refer to the engine as being "to
Speed Six specification". If he did use this phrase
or refer to the engine's ability to satisfy the
Speed Six specification, that reference would have
been understood as being a statement that the car's
replacement engine had been a Speed Six engine that
had been installed by the Cricklewood works within
months of the original owner taking delivery of
the car in 1930 which Mr Mann had subsequently restored
"to Speed Six Specification" whilst rebuilding the
car. In other words, Mrs Brewer would have been
left with the clear impression that the result of
Mr Mann's restoration work in about 1979 was to
leave the replacement Speed Six engine that had
been in the car since 1930 in a condition in which
it met the original Bentley Speed Six specification.</s> | 1,436 |
<s>[INST] What event is described in the following response? [/INST]
In reaching this
conclusion, I have carefully considered the background
and the factual matrix to this essentially business
contract, albeit that it was in law a consumer contract
entered into by a professional legally qualified
buyer and a professional seller. On Mrs Brewer's
side, the crucial feature of Speed Six engines is
not that physically or in performance terms they
meet a particular specification but that the engine
was originally delivered as a Speed Six engine by
the Cricklewood works, whether on first delivery
or as a replacement engine to cure problems with
the originally delivered engine. Any changes to
the engine thereafter needed to be documented and
needed to be such that the original engine had not
been altered to such an extent or replaced so that
it could no longer be fairly or correctly described
as the original engine that had been subsequently
repaired and maintained.</s> | 1,437 |
<s>[INST] Who are the main participants in the following event? [/INST]
However, there
is another crucial reason why I do not accept Mr
Mann's account of this meeting. As both Mr and Mrs
Brewer confirmed, they were well steeped in vintage
Bentley history. They knew about the unique and
historically significant features of Speed Six engines,
being engines designed and produced by the remarkable
team assembled under W.O. and which had been world-beaters
at Le Mans and elsewhere in the golden years between
1929 and 1932. The Brewers were a couple who "wanted
W.O.'s finest" as the car was recommended as being
in Mr Mann's website advertisement, a phrase which,
in context, referred particularly to the car's engine
and chassis. The Brewers particularly wanted to
buy one of the very few surviving Speed Six engines.
Mrs Brewer was therefore bound to question the provenance
of the engine and would not have been content to
be told that the engine was a Standard 6�-litre
engine which had been adapted to look like, and
which allegedly performed like, a Speed Six engine.</s> | 1,438 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
On Mr Mann's side,
I also take into account the misleading nature of
his advertisements about the car and that he never
referred to the fact that the replacement engine
was not a Speed Six engine that had been added to
the car in 1930 but was a Standard 6�-litre engine
that had been reconstructed to look and perform
like a Speed Six engine as part of the rebuilding
or reconstruction work that he had undertaken in
about 1979. Moreover, he never provided Mrs Brewer
with any document which showed what work he had
done, what type of replacement engine had been provided
and when this replacement had occurred. This is
in marked contrast to all the other advertisements
offering vintage Bentleys, including Speed Sixes,
for sale that were in evidence. All these other
advertisements described in some detail the past
history and rebuilding and reconstruction work of
the vehicle being advertised.</s> | 1,439 |
<s>[INST] What details can you share about the following response? [/INST]
Thus, a potential
buyer who was examining the car and talking about
it to Mr Mann would assume that they were talking
about a car containing an original Speed Six engine
since that was the type of car that Mr Mann was
objectively describing. In order to dispel the obvious
conclusion that the car's engine was a Speed Six
engine, Mr Mann would have had to have made it very
clear that the engine was not a Speed Six engine
but was instead a Standard 6�-litre reconstructed
engine, notwithstanding that the car was a Speed
Six car, and he would also have had to have explained
in some detail why that was so, what he meant by
the description "to Speed Six specification" and
why he was able to describe it in that way.</s> | 1,440 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
In fact, Mr Mann
provided no such explanation to Mrs Brewer. On his
account of the conversation, Mr Mann did no more
than to state that the car was "a Speed Six car"
and that the engine was "to Speed Six specification".
If he used these phrases, his language was fraught
with ambiguity and the statement about the engine
was unduly terse and its meaning unclear. Since
Mr Mann claims to have stated that the Bentley works
frequently changed engines for customers after a
vintage Bentley's initial purchase and since Mr
Mann described the car in his website advertisement
as being "W.O.'s finest", the listener would have
understood from those statements that the engine
had been changed from one Speed Six engine to another
by W.O.'s team in the Cricklewood works in 1930.
The listener would also have understood the reference
to a Speed Six specification as being a reference
to the much later restoration work to the replacement
Speed Six engine that Mr Mann had led the listener
to understand as having been undertaken in the period
immediately before the car was bought by Mr James
in 1981.</s> | 1,441 |
<s>[INST] What is the main topic of the following response? [/INST]
"To Speed
Six specification". Thus, I am satisfied
that the statement "to Speed Six specification"
was never used by Mr Mann in the context in which
he claims to have used it. There was no evidence
that this statement had ever been used by anyone
else about a Standard engine that had been converted
into or reconstructed as a Speed Six engine and
it has all the appearance of having been used by
Mr Mann as an afterthought.</s> | 1,442 |
<s>[INST] What event is described in the following response? [/INST]
Moreover, the statement
has no clear or precise meaning and Mr Mann has
never provided a clear or satisfactory explanation
as to what this phrase means. This is because there
is no surviving official or formal Speed Six engine
specification. The only Speed Six specification
that was in evidence was the reconstituted specification
produced by the BDC in the 1950s that is available
to members in BDC literature. That specification
is, in part, a descriptive or static specification
of various parts of a Speed Six engine and, in part,
a performance or dynamic specification concerned
with such matters as brake horsepower, compression
ratios and other indications of the engine's dynamic
performance capabilities. Since a performance specification
involves proof of performance, Mr Mann would have
had to have tested the car and obtained an appropriate
test certificate for him to be able to state that
the car was to the performance parts of the Speed
Six specification. It would not have been clear,
therefore, what part of which specification was
being referred to since the only readily available
specification was not one drafted and used by the
Cricklewood works but was, instead, one that had
been reconstructed as a "Speed Six specification"
by the BDC in the 1950s.</s> | 1,443 |
<s>[INST] What details can you share about the following response? [/INST]
Moreover, on the
assumption that the statement was referring to the
BDC Speed Six specification, it would not have been
clear whether the reference was to both the static
and dynamic parts of that specification or only
to the dynamic part.</s> | 1,444 |
<s>[INST] What details can you share about the following response? [/INST]
Thus, the statement
that the engine was "to Speed Six specification"
could have meant one of two things and either of
these meanings was misleading. Firstly, the statement
could have meant that both the static and dynamic
parts of the specification had been satisfied. If
so, it would follow that the engine was being held
out to be a Speed Six engine and was not merely
"to Speed Six specification" since only an original
Speed Six engine could satisfy both parts of the
specification. Secondly, the statement could have
meant that the engine met the dynamic or performance
part of the specification in which case the statement
was untrue since Mr Mann had never formally tested
the engine under working or load conditions and
he possessed no test certificate for that reconstructed
engine which showed that the specified performance
requirements had been met under working conditions.
Moreover, on the basis of the evidence adduced at
the trial, I have already found that the engine
did not in fact satisfy the performance parts of
the BDC's specification. Thus, if Mr Mann referred
to the engine as being "to Speed Six specification",
he was either confirming that the engine was a Speed
Six engine or he was making an inaccurate statement
about the engine's capabilities. In either sense,
this phrase was both inaccurate and a misrepresentation.</s> | 1,445 |
<s>[INST] What is the main topic of the following response? [/INST]
Contractual
warranty. Mr Ticciati, counsel for
Mr Mann and SMRL, accepted that the statement that
the engine was a Speed Six engine was a contractual
warranty if, but only if, it was a statement of
fact and not opinion and if it could be shown that
Mrs Brewer had acted and relied on that statement
to induce her to enter into the hire purchase agreement
with Fortis to enable her to buy the car.</s> | 1,446 |
<s>[INST] What is the main topic of the following response? [/INST]
There can be no
doubt that the statement that "the engine is a Speed
Six engine" is a statement of fact. The answer to
the question: "is this a Speed Six engine"? does
not require Mr Mann to form an opinion. Instead,
he has to refer to the facts about the engine that
he has seen, experienced and acquired, particularly
when he undertook the necessary reconstruction work
to transform the engine into one which he alleges
satisfied the Speed Six specification. The answer
he gave to Mrs Brewer's question was, in other words,
one that was governed by objective facts and by
objects which he had seen, felt and worked on.</s> | 1,447 |
<s>[INST] Who are the main participants in the following event? [/INST]
As to reliance,
Mrs Brewer stated categorically that she was only
prepared to enter into the hire purchase agreement
because she had been assured by Mr Mann that the
engine was a Speed Six engine and, for the reasons
that I have already set out, I accept this evidence.</s> | 1,448 |
<s>[INST] What details can you share about the following response? [/INST]
Legal test
for a contractual warranty. Mr Malek QC
cited two authorities that provide clear guidance
in relation to the question of whether a statement
made in pre-contract negotiations by a seller was
intended to be, and was enforceable as, a contractual
warranty. The first was Dick Bentley Productions
Ltd v Harold Smith (Motors) Ltd [9] where Denning LJ stated:
"� it seems to me that if a representation is made
in the course of dealings for a contract for the
very purpose of inducing the other party to act
upon it, and actually inducing him to act upon it,
by entering into the contract, that is prima facie
ground for inferring that it was intended as a warranty."</s> | 1,449 |
<s>[INST] What is the main topic of the following response? [/INST]
The second was
Inntrepreneur Pub Co v East Crown Ltd
[10] where Lightman J. summarised the relevant
principles for representations amounting to collateral
warranties as follows:
"The relevant legal principles regarding the recognition
of pre-contractual promises or assurances as collateral
warranties may be stated as follows:
1. A pre-contractual statement will only be treated
as having contractual effect if the evidence shows
that the parties intended this to be the case. Intention
is a question of fact to be decided by looking at
the totality of the evidence.
2. The test is the ordinary objective test for the
formation of a contract: what is relevant is not
the subjective thought of one party, but what a
reasonable outside observer would infer from all
the circumstances.
3. In deciding the question of intention, one important
consideration will be whether the statement is followed
by further negotiations and a written contract not
containing any term corresponding to the statement.
In such a case, it will be harder to infer that
the statement was intended to have contractual effect,
because the prima facie assumption will be that
the written contract includes all the terms the
parties wanted to be binding between them.
4. A further important factor will be the lapse
of time between the statement and the making of
the formal contract. The longer the interval, the
greater the presumption must be that the parties
did not intend the statement to have contractual
effect in relation to a subsequent deal.
5. A representation of fact is much more likely
to have intended to have contractual effect than
a statement of future fact or a future forecast."</s> | 1,450 |
<s>[INST] What event is described in the following response? [/INST]
It is clear that
the requirements for the existence of a collateral
warranty that are set out in these two authorities
applied to Mr Mann's statement that the engine was
a Speed Six engine. This is because Mr Mann could
clearly be seen, when his words were considered
in context, to have intended the statement to be
relied on by Mrs Brewer and she did indeed rely
on it when she decided to buy the car. The statement
was a clear representation of fact, it was not followed
by any further negotiations and it led rapidly to
the conclusion of both the sale and hire purchase
contracts a few days later.</s> | 1,451 |
<s>[INST] What event is described in the following response? [/INST]
Conclusion
� collateral warranty. I therefore conclude:
(1) Mr Mann did state unequivocally that the engine
was a Speed Six engine;
(2) Mr Mann did not make any reference to the engine
being to Speed Six specification;
(3) If Mr Mann used the phrase "to Speed Six specification"
this would reasonably have been taken to have been
a reference to an original 1930 Speed Six engine
that had been renovated to Speed Six Specification
and that phrase would have been an erroneous misrepresentation;
and
(4) The statement "the engine is a Speed Six engine",
in its context, amounted to a collateral warranty
whose consideration was provided by Mrs Brewer's
reliance on that statement to conclude her contracts
with Fortis to hire, and with SMRL to pay the deposit
for, the car.</s> | 1,452 |
<s>[INST] Who are the main participants in the following event? [/INST]
Contracting
party. The next question that must
be considered is whether Mr Mann gave this contractual
warranty on his own behalf or on behalf of SMRL.
Mr Malek QC contends that Mr Mann is personally
liable and is also liable as the agent of an undisclosed
principal for its breach. Moreover, SMRL is additionally
liable since it asserts that it is liable for such
liability as is proved to have arisen from any breach
of the contractual warranty provided by Mr Mann.
Mr Ticciati contends that this question can only
be answered once it is established when the warranty
took effect. He contends that this was when the
hire purchase agreement was entered into and since,
by then, it was clear to Mrs Brewer that it was
SMRL who was selling the car to Fortis, it must
also have become evident by then, even if it was
not evident earlier, that SMRL was providing the
contractual warranty and is, therefore, the only
potentially liable party.</s> | 1,453 |
<s>[INST] What event is described in the following response? [/INST]
Mrs Brewer first
became aware of SMRL's involvement in the sale of
the car when she received SMRL's draft invoice dated
30 May 2007 and also the draft hire purchase agreement
from Mr Hardiman who was the finance broker that
Mr Mann had introduced her to and to whom he had
sent the invoice. SMRL's invoice sought payment
of the �40,000 deposit that was due from her for
the sale of the car [11].
Until then, Mrs Brewer had no idea that SMRL and
not Mr Mann was selling the car since the materials
advertising it for sale did not refer to SMRL and
Mr Mann had never mentioned its name to either her
husband or to her. Thus, Mr Mann must have been
acting in his personal capacity when making the
contractually enforceable warranty to Mrs Brewer.</s> | 1,454 |
<s>[INST] What event is described in the following response? [/INST]
Mr Mann's case
was that the entire contractual relationship or
relationships with Mrs Brewer, including any contractual
warranty, was with SMRL. However, since Mrs Brewer
was not aware, at the time of Mr Mann's warranty
that SMRL was the intended contracting party nor
that Mr Mann was providing the warranty on its behalf,
Mr Mann could only have been acting for an undisclosed
principal if he was acting as an agent and not as
a principal. It is trite law that, in those circumstances,
Mr Mann, as SMRL's agent, would be personally liable
for any contractual liability incurred by him on
its behalf during the period when the agency relationship
remained undisclosed.</s> | 1,455 |
<s>[INST] What is the main topic of the following response? [/INST]
Moreover, once
Mrs Brewer subsequently became aware of the existence
of SMRL as the principal on whose behalf Mr Mann
had previously provided the contractual warranty,
he continued to remain personally liable for any
breach of that warranty until Mrs Brewer unequivocally
elected to look to SMRL alone as the party liable
for its breach [12]. Since she has never made such an election,
Mr Mann remains personally liable to Mrs Brewer.</s> | 1,456 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
A further reason
why Mr Mann is personally liable to Mrs Brewer is
that SMRL did not buy the car from Mr James until
after SMRL had sold it to Fortis and, until that
sale, the car was in Mr Mann's possession since
it had been bailed to him and not to SMRL. Mr James
had contracted with Mr Mann personally to procure
a sub-sale of the car and in those circumstances
any warranty that Mr Mann gave Mrs Brewer had been
given by him to a prospective buyer of the car at
a time when it was in his possession and he was
personally seeking to arrange for its sub-sale.
For this additional reason, Mr Mann must have given
Mrs Brewer the warranty in his personal capacity.</s> | 1,457 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Conclusion
� who is liable for any breach of warranty.
Mr Mann is personally liable to Mrs Brewer and,
in addition, is liable to her as the agent of SMRL
who was his undisclosed principal. Furthermore,
SMRL is separately and severally liable for any
breach of warranty. SMRL's additional liability
for any such breach was established at the trial
since its counsel, Mr Ticciati, accepted on its
behalf that it would be liable to Mrs Brewer if
and to the extent that any breach of warranty was
established.
(5) The sale contracts and the hire purchase
agreement</s> | 1,458 |
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