KURTHA V MARKS

[2008] EWHC 336, QBD, Mr Justice Tugendhat, 27 February 2008

Limitation of action – Paintings – Burden of proof for theft – Whether stolen paintings had been purchased in good faith so that the limitation period of six years had commenced

Ownership in two paintings by the artist FN Souza was disputed, the claimant saying that they had been stolen from him and the defendant saying that he had purchased them and denying that they had ever belonged to the claimant. If the claimant could prove that he was the owner of the paintings, and that they were stolen from him, then his claim must succeed unless the defendant could prove that someone purchased the paintings in good faith not less than six years before this action was commenced. Tugendhat J held theft to be the probable explanation, on the balance of probabilities, for how the paintings had come to leave the claimant’s possession. It was not possible to make a finding as to when the defendant had acquired the paintings, and from whom.