A Lawyer Writes


A lawyer writes: Can you prove a provenance you put forward?

18 May 2020

Historically verifiable ownership is very different from having an opinion

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A lawyer writes: Beware of ‘moral rights’ even if it is street art

24 February 2020

Vandalism of Banksy work brings up intriguing issue of the artist’s reputation

A lawyer writes: Hals or not, ‘reasonable and rational’ wins out

20 January 2020

The most interesting recent art world case to find its way to trial, with judgment given in December 2019, was Sotheby’s vs Mark Weiss Limited (‘MWL’) and Fairlight Art Ventures Limited (‘Fairlight’).

A lawyer writes: Take care – copyright can cover contents

18 November 2019

Legal action by Duchess of Sussex highlights an issue of concern to the art world

A lawyer writes: Sort out the paperwork to avoid years of stress

30 September 2019

Property case also has lesson for the art trade when it comes to handshake deals

A lawyer writes: Know the law or run risk of trouble in store

12 August 2019

Why having terms and conditions on uncollected goods is a wise move.

A lawyer writes: The concept of ‘relative title’

08 July 2019

Case from way back in 1722 underlines this sometimes baffling aspect of English law.

A lawyer writes: Philatelist’s fight highlights the issue of authorative bodies and their judgments

20 May 2019

In 2006 a well-known philatelist submitted three important penny red stamps on cover to the Royal Philatelic Society (‘RPSL’) for an opinion on authenticity. The response came that they had been ‘faked’. The process was repeated in 2014 and the same reply received.

A lawyer writes: Duty calls for traders on money laundering

29 April 2019

Stupidity is no defence if suspicious transactions are a serious possibility.

Contract

A lawyer writes: Get an agreement right or face a sleepless night

25 February 2019

Initial drafting on a deal is vitally important if later disputes take place.

A lawyer writes: The deals without full disclosure of final price

21 January 2019

Sellers should be wary about Private Treaty Sales where the exact result is hidden

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A lawyer writes: Banksy stunt - when a work is better shred than dead

22 October 2018

Banksy's images have thrown up all kinds of legal puzzles over the years.

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A lawyer writes: Art market intermediaries and the issue of definition

15 October 2018

The case of Russian billionaire businessman Dmitry Rybolovlev versus dealer Yves Bouvier highlights a widespread problem in the art world: the definition of the role of agent.

A lawyer writes: The rights and wrongs of ideas and expression

27 August 2018

Copyright can be a minefield for original works when others claim it was based on their initial creations

A lawyer writes: The frustrations of chasing faceless identity fraudsters

16 July 2018

Taking action against con artists is difficult but a new data protection law can help...

A lawyer writes: When can an auctioneer be held liable legally?

07 May 2018

I was consulted by an art dealer who bought a painting at auction which turned out to belong to someone other than the vendor. The painting went back to the true owner, the consignor to the auction was not worth suing, but did we have a case against the auctioneer?

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A lawyer writes: Why the art trade’s oral agreements still stand

05 March 2018

The recent court case concerning Simon De Pury’s claim against Swiss trustees for a commission of $10m on the sale of a $210m Gauguin (ATG No 2326) has raised a few eyebrows.

A lawyer writes: In Germany, a winning bid may not be a winner

29 January 2018

I was enjoying the annual SLAD Christmas drinks in December, when a dealer started to recount an extraordinary experience he had with a German auction house.

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A lawyer writes: The fine balance in export licensing

30 October 2017

The UK rules around judging export licence applications for art works need to be more straightforward...

Stargazer case looks at fundamental art issues

18 September 2017

Christie’s sale of an ancient marble idol has created an art world battleground between Turkey and the saleroom, testing ownership laws...

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