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Last Updated: Friday, 16 March 2007, 13:07 GMT
350,000 damages for 'binned' art
Anish Kapoor with Marsyas
Kapoor with his Tate Modern installation Marsyas
A High Court judge has ordered an art storage company to pay 350,000 for accidentally binning an artwork by Turner Prize winner Anish Kapoor.

The judge ruled that the 1984 sculpture, Hole and Vessel II, was put in a skip during building works in 2004 and later destroyed at a waste plant.

Art collector Ofir Scheps, who placed the item with Fine Art Logistics Ltd of London, will receive the award.

Kapoor has expressed his "deep regret" over the loss of his artwork.

"It's an important work in terms of what I was up to then. I only made seven or eight works that year and it's a shame to lose one of them," said the Indian-born artist, who won the Turner Prize in 1991.

Not reasonable

Swiss-based Mr Scheps called an expert witness who claimed the sculpture would fetch 580,000.

But an expert for the defendants valued the artwork at 250,000.

Mr Justice Teare ruled on a figure of 351,375, comprised of the value of the piece when it was destroyed, and a sum to reflect the subsequent rise in value of Kapoor's work.

Mr Schelps sued the company for damages or the return of the piece, which he bought in 2004 for 20,000 and put in storage before Kapoor was due to carry out restoration work.

Fine Art Logistics admitted that it was impossible to return it because it had been placed in a skip for disposal, and offered to pay 587.13.

But the judge ruled that the limit of liability was not reasonable in this case and there was no evidence that it had offered to arrange insurance.

Kapoor has become famous in recent years for his large-scale installations, including Marsyas, a 150-metre sculpture which filled the Tate Modern's Turbine Hall, and a giant mirror sculpture in New York.


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