Judge rules wrongdoing may have been committed against Ant and Dec
The High Court has heard details of allegations that profits earned by the TV presenters were taken
A High Court judge has ruled there is a "good arguable case" that wrongdoing has been committed against TV presenters Ant and Dec, who allege that a consultant made "secret and unauthorised profits" in relation to their art collection.
Anthony McPartlin and Declan Donnelly believe that the consultant, whose identity has not yet been revealed, made "secret commissions" while acting as their agent in the sale, purchase and lending of artworks - including works by Banksy - up to 2021.
At a hearing on Tuesday, lawyers for the pair asked a judge to order a separate art dealer: Andrew Lilley and his company Lilley Fine Art, to disclose information about their dealings with the consultant.
The presenters do not allege that Mr Lilley or his company have done anything wrong, but are instead "mixed up in the wrongdoing", with the court told that it was "likely" that Mr Lilley and Lilley Fine Art "hold information that will help the applicants uncover wrongdoing".
In a ruling on Wednesday, Judge Iain Pester made the order, stating that there was a "good arguable case that a form of legally recognised wrong has been committed".
He also said that he was "not making any finding that (the consultant) has any liability" to the presenters or that they had "done anything wrong".
At the hearing on Tuesday, Harry Martin for Mr McPartlin and Mr Donnelly told the court that Mr Lilley - who did not attend - and his company "do not oppose" the bid for documents but were "not willing to provide what they have without a court order".
In written submissions, Mr Martin said the presenters had "artwork ownership agreements" with the consultant, which provided that they and their company would act as an agent for the pair for buying, selling, loaning, storing and insuring works of art, and receive up to 10% commission on the sale of any works.
The relationship "broke down" and the agreements ended in September 2021.
Mr Martin said Mr McPartlin and Mr Donnelly believe that the consultant and their company received "secret commissions and made secret and unauthorised profits from their dealings" on behalf of the pair.
He continued that there was evidence that Mr Lilley and his company were involved in "at least one purchase" by Mr McPartlin and Mr Donnelly and "at least 22 sales", but that there was a "good arguable case" that "full accounting has not happened".
"Questions remain in respect of these transactions, and there is reason to believe that there is other, as yet undiscovered, wrongdoing in respect of other transactions," the barrister said.
This included the case of a Banksy work titled Kate As Marilyn, which depicts supermodel Kate Moss in the style of Andy Warhol's portrait of Marilyn Monroe.
Mr Martin said that Mr McPartlin and Mr Donnelly paid £550,000 to the consultant for the work, with £300,000 then paid to a third party.
But he continued that the consultant "has not produced a bank statement accounting for the balance of £250,000".
He also said that the information sought from Mr Lilley about his dealings with the consultant would allow Mr McPartlin and Mr Donnelly to understand how much the consultant "actually received on their account and/or applied for their benefit", and pursue the "missing balance".