I. Introduction

This blog report outlines the legal proceedings and final judgment in the case of Qatar Investment and Projects Development Holding Company & Anor v. Phoenix Ancient Art SA & Ors, culminating in a decision by the England and Wales High Court (King's Bench Division) in April 2025. The case centers on allegations of fraud and misrepresentation concerning the sale of antiquities to Sheikh Hamad Bin Abdullah Al-Thani by Phoenix Ancient Art, based in New York and Geneva.

II. Background

Between 2013 and 2014 Sheikh Hamad Bin Abdullah Al-Thani, through Qatar Investment and Projects Development Holding Company (QIPCO), acquired several antiquities from Phoenix Ancient Art, including:

• A chalcedony statuette of Nike, purchased for $2.2 million.

• A marble head of Alexander the Great as Herakles, purchased for $3 million.

al Thani raised concerns in early 2018 about the authenticity of the Nike statue after receiving a report claiming that microscopic inspection detected modern machine tool markings and machine polishing inconsistent with ancient craftsmanship.

III. Legal Proceedings

• Initial Claims and Limitations: In his initial complaint filed on 22 October 2020 with the high court of London, Sheikh Hamad Bin Abdulla al Thani, represented by the lawyers Pinsent Masons, accused Phoenix Ancient Art of breach of contract and/or negligent misrepresentation on the part of the gallery as the vendor of the $2.2 million Byzantine statuette of Nike whose authenticity is disputed.  Roland Ansermet was also named in the 22 October 2020 UK lawsuit.  In their response, the defendants contested the claims, arguing also that they were time-barred under the Limitation Act 1980. The High Court initially sided with the defendants 27 July 2021 ruling that despite issues related to the Covid 19 pandemic,  the complainant had failed to serve his complaint on Phoenix Ancient Art within the reasonable time limit.  In April 2022 the UK Court of Appeal upheld this decision, emphasising procedural adherence over pandemic-related delays.

• New Action and Allegations: On 8 September 2023, Sheikh Hamad Bin Abdulla al Thani and QIPCO file a new claim, asserting fraud, fraudulent misrepresentation, and unlawful means conspiracy. The court permitted these claims to proceed, determining they were not clearly time-barred and did not constitute an abuse of process.

• Summary Judgment: On 4 June 2024, the High Court granted summary judgment in favour of QIPCO, citing Phoenix Ancient Art's failure to disclose critical documents and evidence supporting allegations of fraud and misrepresentation.

IV. Final Judgment and Remedies

On 11 April 2025, the High Court ruled in favour of Sheikh Hamad Bin Abdullah Al-Thani, issuing a summary judgment pursuant to CPR 24.3 against Phoenix Ancient Art, Ali and Hicham Aboutaam, and the retired Swiss antiques dealer, Roland Ansermet concluding that Phoenix Ancient Art had engaged in fraud, dishonesty and fraudulent misrepresentation in relation to al Thani's claim. The court imposed a worldwide asset freeze of $10 million against Phoenix Ancient Art to secure potential damages and costs.

V. Implications

This case underscores the importance of due diligence and transparency in the art and antiquities market.  It highlights the legal responsibilities of dealers to provide accurate provenance information and the potential consequences of misrepresentation. The judgment serves as a precedent for future disputes involving the authenticity of cultural property.

References

• Qatar Investment and Projects Development Holding Co & Anor v. Phoenix Ancient Art SA & Ors [2024] EWHC 1331 (KB)

• Qatar Investment and Project Development Holding Company & Anor v. Phoenix Ancient Art SA [2022] EWCA Civ 422

• "Qatari royal wins court ruling over provenance of £4m antiquities," The Times, April 2025.