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The appeal was dismissed by the Court of Appeal which found no basis on which to interfere with the choice of the High Court. The contract of sale contained an 'authenticity guarantee', enabling for rescission of the contract and return of the painting should really Sotheby's ascertain it to be a 'counterfeit . On request by Nevada, Sotheby's promptly returned the acquire cost and the painting was handed back to the auction home. The painting was co-owned by Weiss and Fairlight Art Ventures LLP, an investment automobile ('Fairlight'). Sotheby's by Mark Weiss Ltd, a fine art dealership ('Weiss', of which Mark Weiss, also a celebration to the action in the High Court, was a director and the sole shareholder). Sotheby's duly sold the work by private treaty for US $10,750,000 (plus buyer's premium) to EPC Nevada LLC ('Nevada', a enterprise owned by Richard Hedreen). Sotheby's then looked to Weiss and Fairlight for reimbursement and commenced legal proceedings against them in February 2017 when this was not forthcoming. When a major forgery scandal began to emerge in 2016 focused on the particular person from whom Weiss and Fairlight had bought the painting, Giuliano Ruffini, (1) Sotheby's suggested the painting be re-examined. The ensuing investigations, which uncovered synthetic pigments not in use in the seventeenth century, prompted Sotheby's to identify that the painting was a counterfeit. Weiss eventually settled shortly just before the High Court hearing in April 2019 (in the sum of US $4,200,000).

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