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Marcq v Christie Manson and Woods Ltd

Publication details: 2003Subject(s): Online resources: Summary: [2003] EWCA Civ 731, 23 May 2003. Raises the question of whether an auctioneer who returned a painting "The backgammon players" unsold at a public auction to the prospective owner in good faith and without notice is liable in conversion or bailment to claimant true owner (M). The painting was stolen from M's flat in 1979. Its theft was reported to the police and was registered as stolen on the Art Loss Register before 1997. In July 1997 the defendant auctioneers (CMW) obtained possession of the painting from Mr Schuenemann for the purposes of selling it at auction on the terms of their conditions of business. CA upheld the HC decision that firstly CMW had acted in good faith and without notice and was therefore not liable in conversion to M and secondly dismissed M's claim for bailment. Appeal dismissed.

[2003] EWCA Civ 731, 23 May 2003. Raises the question of whether an auctioneer who returned a painting "The backgammon players" unsold at a public auction to the prospective owner in good faith and without notice is liable in conversion or bailment to claimant true owner (M). The painting was stolen from M's flat in 1979. Its theft was reported to the police and was registered as stolen on the Art Loss Register before 1997. In July 1997 the defendant auctioneers (CMW) obtained possession of the painting from Mr Schuenemann for the purposes of selling it at auction on the terms of their conditions of business. CA upheld the HC decision that firstly CMW had acted in good faith and without notice and was therefore not liable in conversion to M and secondly dismissed M's claim for bailment. Appeal dismissed.