Who to sue? Photographer or retoucher?

[devon]

I did a trade for print job nearly a year ago and still haven't received my shots, despite emails and calls. I was prepared to take the photographer to court but received an email from them today
saying that their retoucher 'disappeared' on them late last year and he had the shots.
They're happy to do another set for me once their new store opens, but I don't want to work with them again.

So do I ask them for the retoucher's details and go after my prints with him / take him to small claims court or go after the initial photographer, which seems pointless if he doesn't have my pics.
Any advice?
I just want to get the shots that were promised to me.
I don't care if they're retouched or not.

Thanks in advance.

[cleirach70]

If your initial barter was made with the photographer sue them. Basically whoever promised you the work&you spoke with. Whether or not the retoucher has disappeared on the photographer has little to do with it they promised you a print&owe you. If the photographer was in any way professional he should have copies of his work you don't just blindly send a film&wait for it to return.

[werner72]

You go after the photographer. My opinion is they made up the story of the retoucher OR they would have told you a lot sooner. Come on it takes a YEAR to say oh this guy disappeared?