A Lawyer Writes

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A Lawyer Writes: Andy Warhol painting of Prince photograph creates a legal question of fair or foul use

23 January 2023

Final appeal court decision is now imminent in copyright conundrum


A Lawyer Writes: Anti-money laundering regulations – beware of the money behind the deals

05 December 2022

Close investigation is vital to avoid difficulties with sanctioned individuals


A Lawyer Writes: When an adviser can also become a buyer it is vital to make their position crystal clear

26 September 2022

Two cases dealt with recently underline problem of this clash of interests.

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A lawyer writes: Client confidentiality becomes a problem when anti money laundering rules kick in

25 July 2022

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

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A lawyer writes: How judges assess when art and antiques cases need expert witnesses in court

30 May 2022

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

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A lawyer writes: How individual taste could affect ivory quality control

28 March 2022

Decisions on act exemptions inevitably run the risk of subjective assessments

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A lawyer writes: Buyers beware of later ownership disputes

07 February 2022

Arguments surround time limits imposed on subsequent stolen goods claims

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A lawyer writes: Dumb as a rock or the new smart money?

04 October 2021

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

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A lawyer writes: Due diligence – relying on others leaves you at risk

09 August 2021

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

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A lawyer writes: Handy reminder that an auction house is first and foremost the agent of the consignor

07 June 2021

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

A lawyer writes: Wise words of advice when it comes to valued clients and expectations

12 April 2021

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

A lawyer writes: Dealers beware – the High Court could override your attempts to keep buyers unidentified

01 February 2021

Case shows how confidentiality cannot always be completely relied on

A lawyer writes: Be clear upfront and you won’t need to look back with regret

07 December 2020

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

A lawyer writes: A cautionary tale on the ‘source of funds’

28 September 2020

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

A lawyer writes: Are ‘consignments’ properly protected under US law?

29 June 2020

Risk of business insolvencies highlights grey area in Uniform Commercial Code

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

18 May 2020

Historically verifiable ownership is very different from having an opinion


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