Art law—negligence

Produced in partnership with Adam Carvalho
Practice notes

Art law—negligence

Produced in partnership with Adam Carvalho

Practice notes
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This Practice Note considers negligence and contractual claims against auction houses and valuers in relation to artworks. The Practice Note focuses on four cases, highlighting the ways in which the courts have addressed issues relating to: (a) the attribution of artwork (see Practice Note: Art law—authenticity, provenance and attribution of artworks), (b) the duty and standard of care in such cases and (c) the quantification of damages. It should be noted that claims in negligence relating to objects of art are highly fact specific, and that the area is a complex one in legal, evidential and other relevant terms. This Practice Note is necessarily an overview summary of certain key aspects, specialist advice to consider the complexities at the earliest possible stage will nearly always be advisable.

For an introduction to art law for Private Client practitioners, see Practice Note: Art law—introduction for Private Client practitioners. For an overview of the general principles applicable in negligence claims, as to the existence and standard of duty of care, breach, causation and loss, see Practice Note: Negligence claims—illustrative decisions (2020–2024) [Archived].

Adam Carvalho
Adam Carvalho


Adam Carvalho has more than 15 years' experience as a contentious Private Client lawyer. Most recently, he was a Legal Director in the Contentious Trusts and Probate Team at Myerson, where he worked on complex and high-value contentious trust and probate matters.

Adam trained, qualified and worked as a senior associate and partner in a central London firm in the Tier 1 nationally for Contentious Trust and Probate work.

Adam has considerable experience of ultra-high value litigation, cross-jurisdictional matters and disputes in non-UK courts. Adam has litigated in the Supreme Court, Court of Appeal, and advised in relation to complex matters in courts from Bermuda to New Zealand.

 Adam is known for his constructive, pragmatic advice, his down to earth approach, and his technical knowledge. Adam is a firm believer in focusing on the main issues and providing sound and accessible advice.


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Jurisdiction(s):
United Kingdom

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