High Court Finds 'Good Arguable Case' of Wrongdoing in Banksy Art Transactions
A High Court judge has determined there is a "good arguable case" that Ant and Dec were subjected to wrongdoing in transactions involving the purchase and sale of Banksy artworks.
The television presenters allege that an intermediary involved in these deals took "secret and unauthorised profits". They have petitioned the court to assist in obtaining information regarding funds they claim have gone missing.
Judge Iain Pester has agreed to issue an order compelling an art dealer to disclose details of his dealings with the unnamed intermediary.
The judge's ruling stated there was a "good arguable case that a form of legally recognised wrong has been committed", but he clarified that he was "not making any finding that [the consultant] has any liability" or had "done anything wrong".
Role of the Consultant and Nature of the Transactions
Ant and Dec engaged the consultant, referred to as X in court documents, to assist them in buying, selling, and loaning artworks as they developed their contemporary art collection.
They now seek to "uncover what really happened in relation to these transactions," said Harry Martin, representing Ant and Dec, during a hearing on Tuesday.
The disputed transactions include their £550,000 purchase of a set of six prints by Banksy, depicting model Kate Moss as actress Marilyn Monroe in the style of Andy Warhol.
Ant and Dec claim the seller reportedly received only £300,000 and want to determine the whereabouts of the remaining £250,000.
Additionally, they have "similar concerns" about being deprived of "a substantial sum" from the sale of 22 items, the court was informed.
Among these is a version of Banksy's Napalm, which portrays nine-year-old Kim Phuc, from a famous 1972 photograph of children fleeing a napalm attack during the Vietnam War, altered to show her holding hands with Mickey Mouse and Ronald McDonald.
Martin stated that X sold this piece for £13,000 but informed the presenters they had received £11,000, creating "a discrepancy of £2,000".
Disclosure Order and Involvement of Art Dealer Andrew Lilley
The disclosure order will enable Ant and Dec to obtain relevant information from art dealer Andrew Lilley and his company, Lilley Fine Art Ltd, which were involved in purchasing works from and selling works to the presenters, the court heard.
Neither Lilley nor his dealership are accused of wrongdoing but were described as "mixed up in the wrongdoing" and "involved in the flow of money," according to Martin.
Lilley has previously declined to provide information about the transactions, citing confidentiality, but indicated he would comply with any court order.
In a statement to , Lilley said he had been "caught up in this mess and it really has nothing to do with me."
"I was just purchasing art on what I thought was fair and market value, no idea what was going on in the background,"
"This is a matter for the courts now and between A&D [Ant and Dec] and the third party [X]."
