Judge Simon Gleeson clearly felt that Dickinson had met these standards, concluding that, even though he had not sought the additional view of the leading authority on Chardin (Pierre Rosenberg), he knew the work well and was confident in his own conclusion that the work contained some elements of work by Chardin, but with input from others (an opinion he continues to maintain). This expectation clearly includes experts knowing any limitations in their opinion, seeking additional advice where required and considering the level of information the client needs on any lingering doubts or questions. “The focus falls on whether the standard of care was upheld by the dealers, the level of expertise they demonstrated and what the client could reasonably expect in return from their representatives, given the dealers’ reputations and lengthy careers,” says Fred Clark, an associate in art law at Boodle Hatfield. Sotheby’s famously proved it had not been negligent by failing to consult with enough experts and the ruling has acted as a basis for comparable cases since. It went on to fetch £10m as an original work by the master. The same painting was sold in 2022 as by "Circle of Caravaggio", for £262,500, at Christie’s, London. Following the sale, the buyer Denis Mahon announced that he believed it to be by Caravaggio and the work was apparently insured by him for £10m. Unsurprisingly, both judges drew on the major precedent Thwaytes v Sotheby’s, a 2015 case that saw a suit brought against the auction house for its 2006 sale of The Cardsharps for £42,000, as a work by a “follower” of Caravaggio. Demonstrating expertiseīoth cases consider the degree to which art dealers demonstrate and apply their expertise when determining the authenticity of a piece and how it is presented for sale. ![]() ![]() He sold the work for £1.15m in 2014, on behalf of the Wemyss Heirlooms Trust, but it went on to sell for $10.5m ($7.5m in cash, and the transfer of a work by Antoine Watteau) just months later, after cleaning uncovered a signature. Less than a week later, another UK High Court judge cleared the art market heavyweight Simon Dickinson of negligence surrounding the sale of the painting La Bénédicité (Saying Grace) by Jean-Baptiste-Siméon Chardin. He is now expected to return their combined £4.2m sale price, along with damages. In a decision that shook some in the sector, a High Court judge ruled that John Eskenazi, a leading London-based specialist in ancient Asian art, had negligently sold the Qatari Sheikh Hamad bin Abdullah al-Thani (and his company, QIPCO Holding) seven fake artefacts. Two major High Court legal rulings in December have raised questions around presale practices and dealers’ duty of care to clients.
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