Sotheby's v Mark Weiss Ltd & Ors [2018] EWHC 3179 (Comm) (26 November 2018)

Sotheby's v Mark Weiss Ltd & Ors [2018] EWHC 3179 (Comm) (26 November 2018)

The correspondence between Sotheby's and the art experts was created for two purposes: to enable Sotheby's to decide whether the painting was counterfeit and to prepare for anticipated litigation. Sotheby's failed to establish that litigation was the dominant purpose; therefore, litigation privilege does not apply.

Citation
[2018] EWHC 3179 (Comm)
Parties
Claimant: Sotheby's; First Defendant: Mark Weiss Limited; Second Defendant: Fairlight Art Ventures LLP; Third Defendant: Mark Adrian F. Weiss
Jurisdiction
England and Wales
Judgment Date
26 November 2018
Procedural Posture
Application for Inspection of Documents / Interlocutory Judgment
Outcome
Application granted
Legal Topics
Litigation Privilege, Disclosure of Documents, Art Authenticity, Contract Rescission
Civil Procedure Commercial Law Litigation Privilege Disclosure of Documents Art Authenticity Contract Rescission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sotheby's

Claimant

Mark Weiss Limited

First Defendant

Fairlight Art Ventures LLP

Second Defendant

Mark Adrian F. Weiss

Third Defendant

Procedural Posture

Application for Inspection of Documents / Interlocutory Judgment

Legal Issues

  1. 1 Whether correspondence between Sotheby's and art experts is protected by litigation privilege
  2. 2 Whether the dominant purpose of the correspondence was use in contemplated litigation

Ratio Decidendi

The correspondence between Sotheby's and the art experts was created for two purposes: to enable Sotheby's to decide whether the painting was counterfeit and to prepare for anticipated litigation. Sotheby's failed to establish that litigation was the dominant purpose; therefore, litigation privilege does not apply.

Court Disposition

Application granted

Orders

  • Inspection of the correspondence between Sotheby's and the art experts is ordered