Sotheby's v Mark Weiss Ltd & Ors

Sotheby's v Mark Weiss Ltd & Ors

Sotheby’s failed to establish that the dominant purpose of the correspondence with Mr. Martin and Mr. Twilley was use in contemplated litigation; both commercial and litigation purposes were of equal importance. Therefore, the correspondence is not protected by litigation privilege.

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
Commercial Court Application / Ruling on Application for Inspection of Documents Withheld for Litigation Privilege
Outcome
Application for inspection granted
Legal Topics
Litigation Privilege, Disclosure of Documents, Dominant Purpose Test, Art Sale Contracts
Civil Procedure Commercial Law Litigation Privilege Disclosure of Documents Dominant Purpose Test Art Sale Contracts

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Parties

Sotheby’s

Claimant

Mark Weiss Limited

First Defendant

Fairlight Art Ventures LLP

Second Defendant

Mark Adrian F. Weiss

Third Defendant

Procedural Posture

Commercial Court Application / Ruling on Application for Inspection of Documents Withheld for Litigation Privilege

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

Sotheby’s failed to establish that the dominant purpose of the correspondence with Mr. Martin and Mr. Twilley was use in contemplated litigation; both commercial and litigation purposes were of equal importance. Therefore, the correspondence is not protected by litigation privilege.

Court Disposition

Application for inspection granted

Orders

  • Sotheby’s to allow inspection of the correspondence with Mr. Martin and Mr. Twilley