CPLC Seminar series: 'The Legal Position of Authentication Experts in the Art Market: Towards a Self-Regulatory Approach'

Speaker: Mr Aaron Taylor (Fountain Court Chambers and visiting fellow at Magdalene College)

Experts play a significant role in the art market. In many cases, a single expert or body of experts – whether an art historian, a catalogue raisonné editor, or an artist’s foundation – has a determinative say as to whether the market regards a work as authentic, and so what its value is. The law that governs such experts has two aims, which may be in competition. The first is to protect good faith independent scholarship, enabling experts to express their informed opinions, however unpopular, without the fear of suit. The second is to ensure that this power is exercised responsibly, by providing a means of recourse for those who are harmed by an expert’s negligence or bad faith.

This paper considers the position of authentication experts in English private law, and asks how effectively the law balances these dual aims. It then proposes the adoption of a self-regulatory model, which can be more closely tailored to the idiosyncrasies of the art market. The last section of the paper contains a draft Code of Practice for experts, which it is hoped will be the subject of discussion.

Open to Faculty members, visitors, invitees and LLM/MCL/PhD students only.

Sandwiches served in G11 from 12.30pm; seminar to commence at 1pm.

The Cambridge Private Law Centre acknowledges with gratitude the generous financial support of Freshfields Bruckhaus Deringer LLP and of South Square.