[CPProt.net] Artists and galleries sue Momart for art destroyed in fire

[MSN CPPnet]

Artists and galleries sue Momart for art destroyed in fire
By Arifa Akbar
11 June 2005


More than 40 artists, galleries and collectors have begun a legal battle
against the storage company Momart over works destroyed in a warehouse fire
in east London last year.

The list of litigants includes some of the most powerful figures in the
industry: the artists Damien Hirst and Gillian Ayres; the sculptor Barry
Flanagan; five Royal Academy of Arts trustees, including the celebrated
architect Sir Nicholas Grimshaw; and a host of galleries.

The musician Dave Stewart, the author Shirley Conran and two daughters of
the late abstract artist Patrick Heron, are also among the claimants seeking
compensation in the "many millions."

The claims were lodged by Clyde and Co Solicitors with the High Court to
recover damages for the lost artwork, which is believed to have been valued
at a total of £60m.

The High Court confirmed that another firm, Charles Russell, was dealing
with further claimants including the Saatchi and Saatchi Group and Warren
and Victoria Miro (of the Victoria Miro Gallery). A number of other
individual claims have also been lodged. Some of London's most prominent
galleries such as the Waddington in Cork Street and Science Limited, which
deals with Hirst's works, have joined forces, Clyde and Co said.

The fire at the Cromwell industrial estate in Leyton, occurred in the early
hours of 24 May last year, after burglars broke into an adjoining unit
holding DVD players and fax machines.

Clyde and Co's legal team claims the incident was a "disaster waiting to
happen". Jonathan Wood, a partner at the firm, said it would argue that the
premises were "wholly unsuitable" as a storage location for high-value fine
art. "The premises were located among other units where there was a high
risk of fire," he said.

"The building itself was not constructed so as to prevent the rapid spread
of fire; coupled with this was the inadequate security and fire detection
provisions. Momart have consistently denied any responsibility for the loss,
which has necessitated proceedings."

The catalogue of lost art includes eight paintings owned by Ayres, and a
further 12 Ayres works owned by Conran, nine Flanagan sculptures, 50 major
works by Heron and 16 works by Hirst, as well as works he owned by artists
including Angus Fairhurst, Gary Hume, Sarah Lucas and Michael Joo.

The Waddington Galleries lost about 150 works by artists from Heron to
Flanagan, including 20 of major significance.

In a statement, Momart's board of directors said: "This fire was a tragedy
for those of Momart's customers who were affected, and for Momart. However,
it must be borne in mind that it was caused by arson in an adjacent
warehouse.

"Given that High Court proceedings have been commenced, it would not be
appropriate for us to comment on the legal issues, but it should suffice to
say that all claims against Momart will be defended vigorously."

Tracey Emin, who was among the most high- profile artistic victims of the
fire, whose destroyed work included her famous tent, Everyone I Have Ever
Slept With 1963 - 1995, confirmed that she was not suing Momart.