A Lawyer Writes

Two case studies reveal the kind of challenges the art trade has to tackle

Focus on how judges assess when art and antiques cases need special evidence

Decisions on act exemptions inevitably run the risk of subjective assessments

Arguments surround time limits imposed on subsequent stolen goods claims

The market for non-fungible tokens (NFTs) presents some notable legal issues

A lawyer writes: Leaving client checks to others as an art market participant can be tricky

Painting was reoffered without the original vendor being kept in the loop

Longstanding customers can muddle up the different roles of galleries and advisers

Case shows how confidentiality cannot always be completely relied on

Proper disclosure when contracts are drawn up will save a lot of later hassle.

How a bid to buy time led to a transaction being investigated

Risk of business insolvencies highlights grey area in Uniform Commercial Code

Historically verifiable ownership is very different from having an opinion

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

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’).

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

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

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

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

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.