The investment
Smith & Partner Limited (company number 09808427) was a London-based firm that sold artworks to retail buyers as an investment, presenting itself as an art investment specialist.
What investors were told
Buyers were told that works were properly sourced and fairly valued, that they would appreciate, and in some cases that resale or buy-back arrangements would be available.
What went wrong
The company entered liquidation, with the appointment of joint liquidators notified in The Gazette on 1 August 2023. The liquidators subsequently issued High Court proceedings against connected individuals and companies, alleging that the business had operated fraudulently.
Investor impact
The claims brought by the liquidators concerned sums reported at approximately $11m. Individual investor positions fall to be dealt with as creditor claims in the liquidation.
Regulatory, insolvency and court action
Judgment was handed down in Piacquadio and O'Hara (Joint Liquidators of Smith & Partner Ltd) v Sparkes and Zeno Fine Art Ltd [2024] EWHC 2518 (Ch) on 4 October 2024, before the Chancellor of the High Court.
Current documented position
Recovery litigation for the benefit of creditors was continuing as at the October 2024 judgment.
Key Lesson
Liquidators' civil recovery proceedings can begin years after a firm stops trading. Investors who register as creditors and monitor Gazette and court filings preserve their position; those who do nothing often miss distributions.
Source & Further Information
Piacquadio & Anor v Sparkes & Anor [2024] EWHC 2518 (Ch)
High Court of Justice, Chancery Division (BAILII) — published 4 October 2024
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