If you are owed money by a gallery, you should check your contract and communications with the gallery to see if there has been a clear breach of your agreement.
In the case of galleries, if there was a contract between you and them there would have been an implied duty of care in it that the gallery would look after the works and safely return them or send you the money made by selling them, less their commission; if there was no contract between them, the law imposes a duty of care on the gallery in any event (i.e. you lend me your gear; I must look after it and safely return it, unless we clearly agree otherwise at the outset).
In the case of a small amount of money (under £5000), you can apply to the County Courts for a small claim, for people with straighforward-ish claims for financial loss under £5000. This is designed for people who cannot afford their own lawyers or to pay for the other side's lawyers if they lose.
To apply, go to the County Courthouse nearest your home and ask for application forms; fill them in (they are easy to complete), attach copies of any relevant documentation, and hand them back together with a small court fee. The court gives a receipt, and serves a summons on the other side, giving 14 days in which to register a written defence (or to admit the claim and / or pay the artist what is claimed). If there is no response within 14 days, you can apply to the court for a 'default judgment', which means that the court formally confirms the artist as successful and orders the other side to pay. If the other side does not pay as ordered, you can then apply for enforcement of the court's order - by the court, which will pursue the debtor until payment in full is made.
If the gallery / other side defends the claim, a hearing will be fixed for both sides to tell the (junior) Judge in their own words what their case is: such hearings are conducted very informally, and such Judges are used to getting to the heart of the matter very quickly. The Judge then decides, and tells the parties accordingly. This is very user friendly process and the County Court staff will be able to help with any queries. The beauty of this procedure is that, win, lose or draw, the court has no power to order anyone to pay any costs - this discourages anyone from using a lawyer.
It is also possible to file an online money claim via the Government's Money Claim website.
Some other sections of the Artquest website might also be of use to you when thinking about money. Try:
Brunswick Court, Brunswick Square, Bristol BS2 8PE —
Google Maps
Tel: 01179 166 750
Fax:
01179 166 751
Email: info@co-opandcommunityfinance.coop
Website: www.icof.co.uk
Co-operative & Community Finance has been providing loan finance for co-operatives, employee owned businesses and social enterprises for 30 years. They raise money primarily by public share issue and lend it for social purpose and collective benefit, also managing loan funds for several other organisations providing co-operative and community finance. Authorised and regulated by the Financial Services Authority (FSA) in the conduct of investment business.
Listing ID: 1224
Website: www.uktradeinvest.gov.uk/ukti/appmanager/ukti/ourservices?_nfls=false&_nfpb=true&_pageLabel=support_to_succeed
Passport to Export is an innovative government initiative, delivered by UK Trade and Investment, providing fast-track support to help small & medium companies open the doors to international trade and become successful exporters.
Listing ID: 1357
Tel: 01425 470360
Website: www.events-insurance.co.uk
Can provide multiple events or One-Off Event policies, including Public Liability up to £5,000,000, Employers Liability up to £5,000,000 and cancellation cover.
Listing ID: 3008
Tel: 0845 010 9000
Email: Enquiries.estn@hmrc.gsi.gov.uk
Website: www.hmrc.gov.uk
Website: www.hmrc.gov.uk/bst
HM Revenue & Customs (HMRC) was formed on the 18 April 2005, following the merger of Inland Revenue and HM Customs and Excise Departments. They offer advice on national insurance, statutory maternity, sick pay and tax matters, VAT, regulations on importing and exporting of art/ design products. It is your responsibility to register if you are self-employed, by telephoning your nearest office or checking the site at www.inlandrevenue.gov.uk/local - your tax office will then send you the relevant forms and on receipt of them will issue you with a tax reference number.
Listing ID: 2921
51 Gresham Street, London EC2V 7HQ —
Google Maps
Tel: 020 7600 3333
Fax:
020 7696 8999
Email: info@abi.org.uk
Website: www.abi.org.uk
Professional association which addresses complaints and inquiries related to insurers.
Listing ID: 3003
106 Fenchurch Street, London EC3M 5JE —
Google Maps
Tel: 020 7265 4600
Email: info@axa-art.co.uk
Website: www.axa-art.co.uk
AXA Art Insurance Limited has been insuring private collectors, dealers, museums and exhibitions in the UK since 1982. Specialities include insurance for Fine Art, Antique Furniture, Ceramics, Silver, Antiquarian Books, Wine, Collectables, Household Contents and Buildings.
Listing ID: 3004
14 Bevis Marks, London EC3A 7NT —
Google Maps
Tel: 0901 814 0015 (Call charges are 25p/min
Email: enquiries@biba.org.uk
Website: www.biba.org.uk
BIBA – the British Insurance Brokers' Association – is the UK’s leading general insurance organisation. They can provide listings for brokers in specialist areas (from their membership).
Listing ID: 3005
Blackwall Green, 133 Houndsditch, London EC3A 7AH —
Google Maps
Tel: 020 7234 4311
Fax:
020 7234 4348
Website: www.heathlambert.com
Blackwall Green (Jewellery and Fine Art) is a division of Heath Lambert Group. Experts of public liability/exhibition, transit, all risks, theft, loss damage, etc.
Listing ID: 3009
1 Great St. Helen's, London EC3A 6HX —
Google Maps
Tel: 020 7448 6000
Fax:
020 7448 6797
Email: enquiry@hiscox.co.uk
Website: www.hiscox.com
Listing ID: 3010
Website: www.digita.com/taxcentral
Online tax advice and calculation
Listing ID: 3042
Tel: 0845 120 3779
Website: www.taxaid.org.uk
TaxAid is a UK charity providing free tax advice to people who cannot afford to pay a professional adviser. The service is independent and confidential. Helpline open from 10am and 12 midday, Mondays to Thursdays.
Listing ID: 3043
1c Conduit Street, Leicester, LE1 0JN —
Google Maps
Tel: 0116 224 7122
Email: arts@proactiveresolutions.com
Website: www.proactiveresolutions.com
They have a section on the website with downloadable financial fact sheets, guides and overviews for creative individuals, co-operatives & charitable organisations.
Listing ID: 3077
Simpson House, 6 Cherry Orchard Road, Croydon, CR9 5BB —
Google Maps
Tel: 020 8686 5050
Email: mail@hencilla.co.uk
Website: www.hencilla.co.uk
Artists insurance for studio and equipment, artwork and exhibition cover, employers' and public liability.
Listing ID: 3202
Barclay Brown (Lancashire) Ltd, Irwell House, 713 Bacup Road, Waterfoot, Lancashire BB4 7EU —
Google Maps
Tel: 0800 037 9395
Website: www.liabilityquotes.co.uk
Information about and online quotes for public liability insurance.
Listing ID: 3242
insuredrisks.co.uk, 1 Friary, Temple Quay, Bristol BS1 6EA —
Google Maps
Website: www.insuredrisks.co.uk
Insured Risks Limited was formed in 2002 to deliver competitive insurance products to small businesses and tradesmen over the internet. The business has rapidly grown and now has over 14,000 customers. Working with major European insurers they provide competitively priced insurance products to the small-business community. Easy to use quote system, do not collect unnecessary data and can allow most customers to go on cover immediately. Includes public liability insurance.
Listing ID: 3243
Cromwell Business Park, Chipping Norton, Oxon —
Google Maps
Tel: 0845 450 5360
Email: contact@insuremyliability.co.uk
Website: www.insuremyliability.co.uk
Insuremyliability.co.uk is brought to you by CETA ltd. and offers online access to all types of general insurance products for the UK market. Currently provide insurance cover for over £3.5 billion worth of domestic property, through a network of 4,000 agents using our own tailor made quotation and administration software. Insurance covers Buildings and Contents, Motor, Commercial, Mortgage protection, Liability, Legal Protection, Travel and Pet insurance.
Listing ID: 3244
Tel: 0191 241 8000
Email: AIR@a-n.co.uk
Website: www.a-n.co.uk
The Artists' Insurance Policy (AIP) arranged by a-n magazine on behalf of AIR members through Hencilla Canworth Ltd, can be purchased by artists with an a-n+AIR subscription. It offers cover for artwork and materials, studio and contents, and employers
Listing ID: 3834