UK: Sotheby’s Caravaggio Controversy – Sotheby’s Specialists Prevail

Sotheby's UK prevailed recently in a court dispute over an Old Master attribution. At the heart of the dispute was a painting entitled The Cardsharps, which Sotheby's attributed to a follower of Michelangelo Merisi da Caravaggio (1571-1610) and sold for £42,000 in 2006 on behalf of consignor, Lancelot Thwaytes.

Following the 2006 sale, it was suggested that the work was actually painted by Caravaggio himself, and thus valued at £10M. The attribution came from renowned collector and Caravaggio expert, the late Sir Denis Mahon, who declared that the painting was in fact a Caravaggio from 1595. After news of the value of the painting hit the press, Thwaytes commenced a negligence lawsuit against Sotheby's for failing to consult with Caravaggio experts. Sotheby's defended the suit on the grounds that many specialists had not agreed on the Old Master attribution (and many specialists remain unconvinced that it is a true Caravaggio). Ultimately the Court concluded that Sotheby's was not negligent in attributing the painting to a follower of Caravaggio. Specifically, the Court determined "I am firmly of the view that Sotheby's were entitled to come to the view that the quality of the Painting was not sufficiently high to merit further investigation." Additionally, the court noted that "there is nothing disclosed on visual examination which should have counteracted Sotheby's view that the Painting was of poorer quality than the Kimbell Cardsharps [an undisputed Caravaggio original] and did not therefore have Caravaggio potential."

The court concluded that even if the painting had been sold with a catalog entry detailing the varying views of authenticity, the painting would not have sold for much more than the price obtained in 2006 because the weight of authority was in favor of Sotheby's follower attribution.

Thus, while this case is evidence that reasonable minds can and do differ, the court's ruling supports the position that the Sotheby's specialists were correct in their original cataloging of the work.

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