EWJ August 62 2025 web - Journal - Page 11
That being so, the claimants were entitled to summary
judgment as the defendants had no real prospect of
succeeding on their defence given that (i) they were
debarred from defending, and (ii) there was no other
compelling reasons why the case should be disposed of
at trial.
Andrew
Andr
ew Acquier
Acquier, FRICS
CHAR
ARTE
TERED
ED ARTS
AR S SURVEYO
S VEYOR
R
Analysis
This case is a reminder that disclosure is fundamental
to the proper conduct of civil litigation. Refusal to give
disclosure will undermine the pursuit of the causes of
action.
Andrew Acquier FRICS has been working as an independent
There are now several ways to provide disclosure to
curtail the costs of the exercise. Models A-E under
practice direction 57AD give a range of options for disclosure that can be used to reduce the number of documents involved in the exercise, if both parties agree.
Andrew has many years experience of compiling reports
valuer since 1982, specialising in fine art and antiques.
Instructions for probate, divorce settlement, tax/asset and
insurance valuations as well as expert witness work are
regularly received from solicitors and other professionals.
for litigious cases, several of which have necessitated a
subsequent court appearance as an expert witness to argue
quantum. Divorce valuations are a speciality, usually as Single
Joint Expert. He is an Associate Member of Resolution.
Work is carried out throughout the UK and abroad.
However, it was clear in this case that the judge was
unconvinced by the arguments of impecuniosity from
the defendants. In further context, the second and
third defendants had been prosecuted in Switzerland
and pleaded guilty to bringing artefacts illegally, by
forged documents into the country[1] and selling artefacts with falsified provenance. This surely did not
help their position in this case.
23 York Street
Broadstairs
Kent
CT10 1PB
Tel: 0207 353 6440
Mobile: 07787 518 861
This matter was a deliberate breach of the rules, which
hampered the claimants pursuit of their claims. On
the facts before him, the judge took the draconian step
to strike out the defence and grant summary judgment in favour of the claimants, and took a dim view
of the defendants attempts to avoid their disclosure
obligations.
Email: andrew@andrewacquier.co.uk
Website: www.andrewacquier.co.uk
Reference source
https://news.artnet.com/art-world-archives/genevacourt-finds-ali-aboutaaum-guilty-illegally-importingantiquities-2247910
Ms ALISA SULTMANE
About The Author
Dr. Angelika Hellweger
Legal Director
angelika.hellweger@rahmanravelli.co.uk
+44 (0)203 597 9783
CSMP MSyI M.ISRM
Lead consultant providing expert services in physical security,
emergency preparedness, crisis management, and risk assessment
Ms Alisa Sultmane is a cer tified Exper t Witness, Cer tified Security
Management Professional, and senior consultant.
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9
AUGUST/SEPT 2025
