Giambrone has been instructed in a composite Cross-border matter involving Breach of Contract and possible Criminal responsibility
Our client entered a contract for the sale of works of art by a prominent globally acclaimed artist, involving a well-known art gallery based in a principle city in Spain which was acting as an intermediary to sell on the paintings to Spanish art dealers. The works of art were subsequently lost in transit when being transported from Italy to the art gallery in preparation for sale.
On learning of the loss, our client instructed Giambrone’s litigation team, under Paola Vitali, in Spain to act on their behalf and to contact the gallery and request the return of the works of art or financial compensation commensurate with the value of the paintings. The gallery failed to respond or comply with either of our client’s requests and Giambrone’s early requests to resolve the matter by mediation have been ignored.
Our lawyers learned that the gallery failed to ensure safe passage of the works of art by means of secure transport nor did the gallery protect against the possibility of any detriment to the works of art in transit by insuring against loss, damage or theft.
Angel Moncada, a senior associate in the litigation team, commented “there are several breaches to be addressed in the matter relating to the loss of the irreplaceable works of art. The fact that such valuable paintings were transported without the gallery taking out any insurance against at least the twin perils of theft or damage is in itself negligent” he further commented, “there are another points to consider, such as the responsibility for the risk in the international transport, which leads to a complex regulation, taking into consideration there are different countries involved”.
It is patently clear that such highly valuable works of art by an artist with worldwide renown are irreplaceable and should have been subject to the most assiduous care whilst being transported, together with being monitored with an amplified level of vigilance until the recipient gallery had safe receipt.
Angel, further commented “with regard to the transportation of the works of art, the legal concept, known as duty of care, determines the obligation to take all possible measures to avoid this kind of event. The concept of duty of care, when an art gallery is involved, is much stronger than the one imposed to an average individual, given the professional knowledge about the risks and consequences of loss”.
Angel is a robust litigator and intends to apply the strongest legal remedy available against the gallery for its laxity and failure in its duty to ensure safe conduct of such highly valuable paintings.
Angel reiterated, “our target is to obtain the best and fastest solution for our clients. For that reason, negotiation and alternative dispute resolution is always proposed to the counterpart. Should it be rejected, our vigorous litigation team will immediately start a legal action to fight for the most beneficial outcome, considering all circumstances. Generally, achieving high level of success”.