A Banksy mural that appeared on the back of an amusement arcade triggered a groundbreaking legal dispute, write Tim Maxwell, Becky Shaw and Andrew Bruce.
In a judgment handed down on 11 September in The Creative Foundation v Dreamland Leisure Limited [2015] EWHC 2556 (Ch), the High Court held that a tenant was not entitled to remove a Banksy mural from the wall of its leasehold property and must deliver it up to the claimant. Continue reading
Gerhard Richter has raised an interesting conundrum for collectors and lawyers alike. The well-respected artist has a reputation for a rigorous control of his oeuvre, and has one of the most thorough and comprehensive catalogue raisonné of any artist, living or dead. (Much of this information, which includes a photograph of each work, alongside details of its provenance, exhibition and literature history is available to view online, although the website issues a disclaimer that it is not to be treated as a catalogue raisonné, and therefore ‘may not be relied upon as constituting a representation or warranty that such work is or is not an authentic work of Gerhard Richter’). Continue reading
With the summer auctions nearly upon us, we have put together an art lawyer’s guide to buying art at auction
Our first and fundamental tip is research! In an auction, a binding contract is made when the gavel falls, so you need to have done all of your research before then. What this entails will depend on the value of the item. Continue reading
Gustav Klimt’s portrait Bildnis Gertrud Loew (1902) will be offered for sale at Sotheby’s London on 24th June in the Impressionist & Modern Art Evening Sale. The painting, which has an estimate of £12-18 million, has been consigned for sale following a settlement between the Felsöványi family and The Gustav Klimt | Wien 1900-Privatstiftung (Klimt Foundation). Continue reading
2017 may provide an opportunity to see the Gurlitt hoard in its entirety. The artistic director of Documenta 14, one of the world’s most hotly anticipated contemporary art events, has told a German newspaper that he hopes to exhibit all of the works of art in the collection of the late Cornelius Gurlitt in the next edition of the fair. Continue reading
At the end of last month the British Museum and the UK Government formally declined UNESCO’s request to enter into mediation on the subject of transferring the Parthenon marbles back to Greece. Removed by Lord Elgin from the Parthenon temple in Athens in the 1800s, the marbles were sold to the British Museum in 1816 and have remained there ever since. The sculptures date from 447-432 BC, and are divided between London and a purpose built museum in Athens. Continue reading
Further to our previous article on whether there should be an expiration date on restitution claims, a Los Angeles federal judge has denied California’s Norton Simon Museum’s motion to dismiss a lawsuit brought by a woman seeking the return of two paintings in their collection on the grounds that the claimant is too late. Continue reading
From the 10 February for three months, one of the Dulwich Picture Gallery’s world renowned collection of Old Master paintings will be deliberately replaced by a fake. Working with the gallery’s curators, the conceptual artist Doug Fisher has commissioned an artists’ workshop in China to create an exact copy of one painting within the collection, which will hang in the frame that belongs to the original. Continue reading
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