Qatari’s Sheikh Hamad Bin Abdullah al-Thani has lost his appeal whilst attempting to bring a lawsuit against the Swiss dealers Phoenix Ancient Art for selling him an allegedly fake statue.
Al Thani, who is the chief executive of Qatar Investment and Project Development Holding Company (QIPCO), bought the Head of Alexander the Great as Herakles (dated between 3rd and 1st century BC) for $3m back in 2014. He subsequently approached the New York- and Geneva-based gallery with concerns that the work, and a statuette of the goddess Nike he had bought for $2.2m, were fake.
The subsequent lawsuit, filed in London, hinged on the timing of the claim, which was first filed in 2020 and included a request for a time extension, given that the six-year limitation period was due to pass imminently.
Al Thani, who was represented by Pinsent Mansons, argued that delays in bringing the claim were caused by a twofold effect of the pandemic: the court’s service being closed or operating at reduced capacity due to the pandemic, and "the general upheaval experienced by business at this time, as the first pandemic struck."
After a judge decided not to grant a time extension, High Court judge William Davies J went on to confirm this decision in 2021. He concluded that, despite disruptions to the timeline being apparent, this was a situation in which the pandemic "did not come out of the blue". His ruling was ultimately upheld in the UK’s Court of Appeal last week.
In her judgement last week, Lady Justice Whipple (who was joined on the bench by Lord Justice Coulson and Lord Justice Peter Jackson) stated: "The Court cannot make assumptions about the nature and extent of business disruption, and specifically, the effect that any such disruption had on the conduct of a particular case.”
The authenticity of the items remains undetermined. An early attempt to resolve the dispute saw Phoenix Ancient Art offering to exchange the items (whilst still maintaining the pair were genuine) but this did not come to fruition after the replacement items were seized by UK customs, reportedly over issues with export documents.
Al Thani is a member of the ruling Qatari royal family and one of the most prolific collectors internationally, with a collection spanning centuries and civilisations. He is particularly known for his penchant for fine Indian jewellery.
A spokesperson from Pinsent Masons said the firm was "unable to comment", while representatives from the defendant’s legal team have not yet responded to our request for comment.
