Tort

Stolen painting put up for sale at auction by prospective seller - auctioneer acting in good faith without notice of true owner's claim returning unsold painting to prospective seller - auctioneer not liable in conversion or bailment to true owner

Marcq v Christie, Manson & Woods Ltd (trading as Christie's): CA (Lords Justice Peter Gibson, Tuckey and Keene): 23 May 2003

The claimant was the owner of a painting stolen from his London house in 1979.

Its theft was reported to the police and registered on the Art Loss Register.

In 1997, the defendant auctioneer obtained possession of the painting from a third party to sell it at auction on the terms of their conditions of business.

Under that contract, the defendant catalogued and advertised the painting for sale at a public auction.

The painting was unsold and subsequently was returned by the defendant to the third party.

The claimant brought an action in conversion and bailment against the defendant, which was struck out on the ground, among other things, that the statement of case disclosed no reasonable ground for bringing it.

The claimant's appeal was dismissed.

He appealed.

Norman Palmer and Angus Piper (instructed by Ralph Davis) for the claimant; John McCaughran QC (instructed by Stephenson Harwood) for the defendant.

Held, dismissing the appeal, that an auctioneer was strictly liable to the true owner of goods if he sold them at auction and delivered them to the purchaser, but was not liable in conversion or bailment to the true owner where he put up goods for sale and returned them unsold to the prospective seller, provided he acted in good faith without notice of any adverse claim.

(WLR)