||All England Reporter
|| All ER (D) 78 (Mar)
|| EWCA Civ 198
||Court of Appeal, Civil Division
Lord Neuberger MR, Longmore and Smith LJJ
||Nigel Godsmark QC (instructed by Nelsons Solicitors LLP) for the claimant.
||Philip Marshall QC and Duncan Kynoch (instructed by CH Hausmann & Co) for the defendant.
||9 March 2010
Dishonesty - Theft - Dishonest misappropriation - Deceased purchasing painting - Gallery retaining painting - Defendant company and gallery becoming wholly-owned subsidiaries of H - Painting lost - Claimant widow of deceased commencing proceedings against defendant - Judge finding defendant having possession of painting - Whether judge erring - Whether defendant having possession of painting.
Dishonesty Theft. Where a painting by Rolf Harris, purchased by the deceased and retained by a gallery which, along with the defendant company, was a wholly-owned subsidiary of H, had been lost, the Court of Appeal, Civil Division, found that the judge had erred in concluding that defendant had been in possession of the painting, and that the chief executive of a trust, which was majority shareholder in H, knew where the painting was and was personally and dishonestly responsible for its loss.
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