Boodle Hatfield - Arts disputes

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Arts disputes

Expertise

Professional negligence

Our team’s market knowledge and legal expertise has been key to advising on claims for professional negligence against leading auction houses relating to well known Old Master paintings.

Problems over ownership

We regularly advise in situations where there is uncertainty over the ownership of a particular work of art, and have particular experience of acting quickly in situations when the object is due for auction.

Disputes over authenticity and provenance

The arts world is not always clear cut and disputes over authenticity are widespread. We have in-depth experience of advising owners, galleries and purchasers about their rights and what action is appropriate

Breach of contract, damage and/or loss of sale

We are experienced in finding successful solutions to problems where there is a breach of contract and/or breach of warranty of authority or there is a loss of sale, whether that is because another gallery failed to provide the work or art has been damaged.

Track Record

Dispute with a Leading Auction House: Acting for private collectors, a brother and sister, in a claim against Christie's. The claim was for negligence and breach of duty as to the research carried out and advice provided to our clients relating to a painting 'Salome with the Head of St John the Baptist', now thought to be by Titian. The painting was sold by our clients in 1994 for £8,000 but was offered for sale at auction in January 2009 with an estimate of $4-6 million. The proceedings were issued in 2007 but settled the day before trial. The case attracted extensive media interest on the basis of the Court papers despite the terms of the settlement itself being subject to very strict confidentiality restrictions.
Advice to buyer on a dispute over authenticity - advised a Russian purchaser of a misattributed portrait, exploring possible action against either the dealer himself or the organisation running the sale. The seller subsequently admitted liability for negligent misrepresentation. As the seller had declared himself insolvent, we also assisted our client in maximising the recovery from the insolvency, successfully increasing the size of the claim originally admitted by the supervisors.
Disputed title - receiving urgent instructions to act for the owner of a painting which was due to be included in an auction at Sotheby's on behalf of a third party who alleged ownership of the painting; requesting that the disputed item be immediately withdrawn from the auction and related correspondence with Sotheby's and the third party; negotiating an amicable settlement with the third party prior to the auction.
Breach of contract and/or warranty of authority - represented a West End gallery in a case for breach of contract and/or breach of warranty of authority where another gallery failed to provide the work. We were instructed to sue the defaulting gallery for the loss of profit that the gallery suffered.
Loss of sale and associated losses - advised a gallery which had agreed shipment of a work to an art fair. The delivery was delayed and when delivered to the art fair it was in a damaged state. Initiating proceedings against the cargo company with assistance from lawyers in another jurisdiction for the loss of the sale and associated damages.
Advice to gallery on a dispute over authenticity of a contemporary work - instructed by a well known gallery which had sold two works by a well known contemporary artist to a collector who was now demanding his money back over concerns as to authenticity. The method in which the artist creates the works had made authenticating his pieces very difficult and we advised the client on the applicable requirements to satisfy their legal obligations.