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Sotheby’s v Mark Weiss Ltd and Others: CA 23 Nov 2020

Sothebys instructed an expert to consider whether a Franz Hals painting was forged; if the expert concluded that the it was, Sothebys would rescind the sale contract and it is was argued litigation would be in reasonable contemplation. Teare J held, rejecting the claim to litigation privilege, that the correspondence had two purposes: one to decide whether the painting was a fake and whether to rescind, a second to enable Sothebys to defeat the arguments of Mark Weiss in the anticipated litigation.

Judges:

Lady Justice Carr DBE

Citations:

[2020] EWCA Civ 1570

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedKyla Shipping Co Ltd and Another v Freight Trading Ltd and Others ComC 22-Feb-2022
Litigation Privilege
Defendants challenged the claimants assertion of litigation privilege and contended for a waiver of any privilege which entitles them to disclosure of additional materials referred to in a witness statement.
Held: ‘I dismiss the waiver of . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 23 March 2022; Ref: scu.656228

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