Articles by Rudy Capildeo

Battle over Banksy: High Court decision on landlord and tenant dispute

In September, the High Court handed down summary judgment in Creative Foundation v Dreamland Leisure Ltd. The case concerned the ownership of a mural. Mr Justice Arnold’s judgment has implications for future landlord and tenant disputes. Background On 28 September 2014 during the Folkestone Triennial, the famous graffiti artist Banksy spray-painted “Art Buff”, a graffiti […]

Caravaggio in Court: Auction Houses, Duty of Care and Breach of Contract

In Thwaytes v Sotheby’s [2015] EWHC 36 (Ch) the High Court found that Sotheby’s had not been negligent in auctioning a painting as a copy, rather than as an original Caravaggio. Sotheby’s was entitled to rely on its own expertise and connoisseurship, and to assess the painting first and foremost on its quality. Background The […]

The Art of Crowdfunding

With the arts’ increased use of pledge/reward crowdfunding to help fund public projects, what pitfalls must artists, dealers and investors avoid if they wish to monetise their investment?