‘When the latest CEDR report confirms that approximately 86% of mediated disputes are resolved within a day, or shortly afterwards, and that mediation account for £10.5billion worth of commercial claims, why it is that mediation is still considered by some to be a soft option that weakens a litigation strategy’.
The increasing globalisation and eclecticism of the art market, together with the proliferation of online sales platforms, have attracted buyers all over the world, at all levels of the market. In addition to the traditional professional buyers, consumers are increasingly accessing the art market directly through these new sales channels. This widening reach and ease of access, and the sheer volume of transactions increase the likelihood of unwary buyers making costly mistakes and emphasise the need for careful due diligence and thorough investigations of artworks prior to any acquisition.
This topic was the subject of a one day conference at the British Library in London on 26th June 2015 entitled “The Written Heritage of Mankind in Peril”. The conference was organised by the Art Law Commission (ALC) of the UIA together with the Institute of Art & Law and its audience included international dealers, collectors, curators, museum officials, auction houses, lawyers and security experts, many of whom who had personal knowledge or experience of dealing with stolen books, maps and manuscripts.
The start of 2015 sees the publication of Professor Norman Palmer’s book ‘Art, Adventure and Advocacy’. The author looks at art transactions which have ended in dispute, and the litigation to which they have given rise – often with further calamitous results. A chapter worthy of particular mention deals with family fall-outs and the corrosive animosity that stems from disagreements about chattels which once belonged to an ancestor or sibling. While some of these family assets are of great value others have purely symbolic or emotional worth: a single dilapidated piano or an assortment of derelict cars. What makes these disputes so sad is not only that they cause lasting rifts among family members, but also that the cost of going to court over such objects quickly outstrips any financial gain. This in turn leads to adverse rulings on costs, through which even a successful party can be left severely […]
When most people think of treasure they conjure up images of pirate loot or an Aladdin’s cave brimming with gold and precious stones. This may be true in legend, but treasure in England, Wales and Northern Ireland, as defined by the Treasure Act 1996, refers to objects that contain at least 10% gold or silver and are at least 300 years old when found. In the case of coins, the treasure classification includes all coins from the same find provided that they are at least 300 years old when found. (If the coins contain less than 10% gold or silver then they must be at least 10 of them, to be so classified). In 2003 the Treasure Act was extended to include metal prehistoric finds with a low precious metal content, such as bronze axe heads and weapons, and any group of two or more metal objects of any composition […]
Clyde & Co invite you to attend a seminar to be held on Monday 1st December in conjunction with the Institute of Art and Law. The seminar will examine a range of issues relating to the law of treasure and finds, including the scope and merits of the reward regime, developers’ interests in discovered antiquities, the interests of the metal detecting industry, the influence of the export licensing regime, commercial cross-border metal detecting excursions, public and private fund raising and the financial aspects (including Treasury constraints) of museum acquisition. Speakers include ArtResolve members Tony Baumgartner (Clyde & Co), Hetty Gleave (Hunters Solicitors) and Norman Palmer QC CBE FSA (3 Stone Buildings) Please contact our administrator Kim Evans by email [email protected] to reserve a place.
‘A bitter dispute over a painting bought for £140 five decades ago reaches the High Court today – with some of the world’s most prominent Caravaggio experts lining up to take sides.’ Read the full article in the Independent here
Professor Norman Palmer was in Greece last week, together with Doughty Street barristers Amal Clooney and Geoffrey Robertson QC. After the meeting Professor Palmer said: “I am extremely optimistic a conciliatory and amicable resolution can be reached, and if it cannot then other considerations will have to be examined”. For more on this news, see the Institute of Art and Law report here: http://www.ial.uk.com/news/tag/norman-palmer-2/
An Institute of Art and Law seminar is to be held on Monday 1st December, with the generous support of the global law firm Clyde & Co. For further details go to http://www.ial.uk.com/treasure011214.php The full programme will be available soon – please email [email protected] to be kept informed. The seminar will examine a range of issues relating to the law of treasure and finds, including the reward regime, developers’ interests in discovered antiquities, the metal detecting industry, export licensing, intellectual property rights, human rights, commercial cross-border metal detecting excursions, public and private fund raising and the financial aspects (including Treasury constraints) of museum acquisition. ArtResolve members Hetty Gleave and Norman Palmer will be speaking at the event. It is also possible to reserve a place by emailing [email protected]