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View of Hampton Court Palace
Compensation for loss of Griffier's View of Hampton Court Palace
The case
The Holocaust Educational Trust, acting on behalf of a Jewish family whose art collection was sold under duress in Belgium in the early 1940's, made a formal claim for View of Hampton Court Palace, a painting by Jan Griffier. The painting had been sold at auction in Cologne in 1955 and Tate had acquired it in good faith from a reputable dealer in 1961.
In January 2001 the case was heard by the Spoliation Advisory Panel. In their report the Panel found that although the claimants had no legal title to the painting, the moral strength to the claimant's argument was overwhelming. The Government therefore made an ex gratia payment of £125,000 in recognition of the loss to the family of their ownership of the picture and the benefit to the public of the picture being held in a UK national collection.
Procedures followed
The Tate followed the procedures established by the National Museum Directors' Conference as set out in its NMDC Statement of principles and actions for responding to claims arising from the looting of works of art during the Nazi, Holocaust and World War II Era. The Gallery conducted its own research into the paintings provenance prior to 1955, working with the requesting party. It sought legal advice on the validity of the claim and the Tate's powers to pay compensation. Compensation was an option open for consideration by the requesting party so that the Tate could keep the painting in its collection. After both sides in the case had completed all the necessary research and gathered appropriate evidence the case was heard by The Spoliation Advisory Panel.
Quote
‘Many works still have incomplete provenances but, on being presented with an enquiry, it was essential that the current state of knowledge was double-checked and new research undertaken. By responding promptly and openly, the gallery was able to work with the family and pave the way to the submission to the Spoliation Advisory Panel the first case that it heard and on which it issued a lucid and helpful report. As part of the resolution, Tate has also complied with the Panel's recommendation that the painting is accompanied by details of the painting's sale under duress, thus making its neglected history publicly evident.' (Matthew Gale, Curator Tate Collections)
Lessons learnt
The combination of a proactive collections research programme and an established procedure for dealing with request for return enabled the Gallery to make an effective, timely and professional response and maintain a positive relationship with the requesting family.
Further Information
Tate, Millbank, London SW1P 4RG
Matthew Gale, Curator
Tel: 020 7887 8862
E: matthew.gale@tate.org.uk
