Tag Archives: court of appeal

Important UK Copyright Case on ‘Originality’ Standard

Posted on: January 23, 2024 by Emily Gould

A recent decision by the Court of Appeal in London, handed down in November 2023, has triggered a stream of comment and debate among scholars and art historians. The case of THJ v Sheridan does not, at first glance, appear to have much at all to do with the arts sector, involving, as it did, […]

Court orders Crimean Treasures returned to Ukrainian State

Posted on: October 28, 2021 by Emilie Huisman-van Essen

The Amsterdam Court of Appeal delivered its final decision this week in the much-debated case about the golden treasures that have been in the possession of the Allard Pierson Museum (left) in the Netherlands since 2014. Both the lending Crimean Museums and the Ukrainian State have been demanding the return of the objects following the […]

Art and Dishonesty: The New Test

Posted on: August 12, 2020 by Geoffrey Bennett

When the worlds of Art and Crime collide consideration of the issue of ‘dishonesty’ is not likely to be far behind. Not only is it a crucial ingredient in theft it also permeates other offences such as fraud under the Fraud Act 2006, or Conspiracy to Defraud at common law, and the specific offence of […]

A final judgment? Court of Appeal rules in favour of the Ivory Act 2018

Posted on: June 5, 2020 by Charlotte Dunn

We have been following the debate over the UK’s position on ivory on the IAL blog over the past few years. The latest development has seen the Court of Appeal uphold the decision of the High Court, finding the Ivory Act 2018 to be lawful. What does this mean for the future of the ivory […]

Appeal for Restitution of Nazi-Plundered Pissarro Centers on Application of Spanish versus U.S. Law

Posted on: December 24, 2019 by Stephanie Drawdy

A buyer who purchases stolen property does not receive good title – depending on the jurisdiction. The Cassirer family has learned this lesson all too well after nearly two decades attempting to reclaim a Nazi-looted painting by Impressionist Master Camille Pissarro. Earlier this year, a U.S. federal court in California awarded the Pissarro to a […]

Court of Appeal confirms $10m commission on Gauguin sale

Posted on: May 17, 2019 by Michael Bowmer

On 14 May 2019 the Court of Appeal of England and Wales (Lewison LJ, Lindblom LJ, Rose LJ) unanimously dismissed the appeal by Ruedi Staechelin and his fellow trustees against the decision of Morgan J dated 16 January 2018. By his judgment Morgan J had held that a commission of US$10 million was payable to […]

A Listed Building – or is it? The recent Court of Appeal judgement in Dill

Posted on: January 16, 2019 by Rebecca Hawkes-Reynolds

While owning and living in a listed building may be a quaint dream for some of us, they do come with a fair amount of constraints, restrictions and headaches when it comes to undertaking repairs, renovations or even selling items held within them. Many an owner of a large stately home has found himself on […]

The Spies-Ernst case: Art experts in France can breathe a sigh of relief

Posted on: January 27, 2016 by Judith Bouchardeau and Mathilde Roellinger

The discovery of the art forgery scandal perpetrated by Wolfang Beltracchi has given rise to a number of legal proceedings. The recent decision of the Court of Appeal of Versailles, involving art expert Werner Spies and a painting attributed to Max Ernst, is among them. The facts are as follows. At the 2004 Paris Biennale […]