A Lawyer Writes


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

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

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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.

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