Artist in multi-million pound fight involving Mayfair gallery over ‘oppressive’ contract

An artist famed for his work with money is locked in a mulit-million pound legal battle involving a gallery in Mayfair over more than 200 of his creations.

Santiago Montoya, 38, wants an “oppressive” contract that he signed as a young artist to be cancelled, and claims agency Halcyon Art International Ltd is holding on to his work without his consent.

The Hong Kong-based agency say they rightfully own all the disputed works, worth millions of pounds, and are counter-suing Mr Montoya for an estiamted £10 million-worth of other artworks that they claim he is holding back from them, as well as at least £5.6 million in alleged loss of earnings.

In his legal claim, Mr Montoya has involved the Halcyon Gallery in New Bond Street in the dispute, arguing that what he calls its parent company Halcyon Fine Art Group Holdings Ltd is a controlling force behind the agency. Lawyers for the agents have insisted this is not true.

Mr Montoya, from Colombia, makes work riffing on the designs of international banknotes and US icons such as Mickey Mouse to attack capitalism.

Halcyon Art International claim they discovered him when he was a “largely unknown artist” living with his parents and struggling to make ends meet.

The Halcyon Gallery has displayed his work, including a solo exhibition, The Great Swindle, while his pieces have sold for up to £150,000.

In High Court papers, the artist’s barrister Adam Tolley QC said an exclusive contract was signed with the agency in October 2011, giving him a monthly retainer and commission on sales in exchange for the agents owning artwork he created over the course of 10 years.

Mr Montoya now claims the contract “is void and unenforceable as an unreasonable restraint of trade”, demanding the return of 202 of his works.

Mr Tolley said the agents had breached the contract by “deliberately withholding” about £77,000 in commission from Mr Montoya since last January.

But Bobby Friedman, for Halcyon Art International, said: “All of Mr Montoya’s artwork belongs to Halcyon Art.”

He said Mr Montoya has earned about £1.5 million from the agency, and accused him of being in breach of contract by cutting off contact last year.

There was a pre-trial hearing last week and a full trial is planned for next year.

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