Attorney of an executrix who has lost mental capacity can administer an estate in her place. In the recent case of Whittaker v Hancock, the High Court held that where an executrix of a will had lost mental capacity, her attorney under a property and financial affairs lasting power of attorney (‘LPA’) could be appointed…
Art and Cultural Property
While the performance of the international market for art and antiques remains cautious, investment in high quality art continues.
The art market functions at a global level. But while record prices for quality art grab headlines, forgery, deceit, and the plunder and theft of cultural heritage in crisis-torn regions have reached unprecedented levels, creating traps not only for the unwary amateur but also for major international institutions.
Yet wherever art is created, acquired, sold, consigned, auctioned, loaned, insured, exhibited, exported, imported, or misappropriated, it is subject to a maze of international conventions and differing national laws, regulations and practices. These cover a diverse range: contract, property, tort, intellectual property, trade, customs, tax and inheritance law, as well as the rules on conflicts of laws, governing and controlling the activities of artists, publishers, dealers, galleries, auctioneers, financiers, insurers, private and public collectors, and major museums worldwide.
London is at the heart of the international art market: English law and regulations have a bearing on almost every transaction. Art law is dynamic, continuously evolving and increasing in complexity. Important recent developments range from the artist’s resale right (“droit de suite”) to a growing international trend for governments, public institutions and private individuals to trace lost art works, challenge ownership, and seek their return through court proceedings and press campaigns.
We share our clients’ passion for art, bringing our experience and expertise to bear when they undertake transactions or are involved in disputes. We advise private, corporate, professional and institutional clients in the following areas:
- Creation, protection and exploitation of UK and European intellectual property rights including copyright, moral rights and artists’ resale royalty rights
- Sale and acquisition of art works through private treaty or at auction, including gallery and commissioning agreements,
- Provenance, appraisal, attribution, authenticity, ownership and title in art works
- Risk management and pre-acquisition due diligence
- Import, export, customs compliance and cross-border movement of art
- Loan, bequest and exhibition of art works
- All aspects of fraud, fakes, forgeries, theft and money laundering
- Insurance coverage and insurance recovery claims
- Creation, management and dissolution of art collections
- Tracing and recovery of lost or misappropriated art and cultural heritage
- Sponsorship, marketing and merchandising
- Tax and estate planning aspects of owning and disposing of art
We provide effective, discrete advice, preserving and protecting our clients’ reputation and the art works with which they are concerned. Where appropriate, we work with an extensive international network of trusted legal and professional advisers and art experts to serve their needs.
Our lawyers have assisted a German art gallery with the recovery of a major expressionist oil painting misappropriated in Paris, traced to London, and recovered by us on the same day through injunction proceedings in the High Court. Recent instructions included advising an American artist on a large scale installation in Liverpool and a Japanese photographer on an English gallery contract.
We also advise collectors and dealers of other high value collectibles, most notably important motorcars and sportscars.
We are always pleased to discuss your legal issues and requirements on an informal basis before accepting instructions.
The team is highlighted by a barrister as: “high visibility in this field”, adding: “They work diligently and are very responsive and an absolute delight to work for.” – Chambers HNW 2018
“They are all tremendously skilful, knowledgeable and personable,” says a source. – Chambers HNW 2018
A peer recognises Hetty Gleave as: “That’s her expertise. She is very widely respected in her treasure work. She also does private client work with this art and cultural property theme.” – Chambers HNW 2018
Another interviewee commented on Hetty Gleave’s treasure work, saying: “She is very knowledgeable about that, it’s quite specific and she’s good at it. It think she is probably one of the most knowledgeable people in this area and she’s definitely made it her prowess.” – Chambers HNW 2018
Gregor Kleinknecht is a “genuine specialist in this area.” – Chambers HNW 2018
Gregor Kleinknecht is “very well connected and knows his stuff. He is very knowledgeable, thoughtful and efficient, and is keen to give the client the best advice and get the right results. The main thing you need is just to know the business and he certainly does.” – Chambers HNW 2018
Gregor Kleinknecht is recognised for being “very solid, he’s got substance. He will look after the client and you can be positive there will be no issues.” – Chambers HNW 2018
Client’s praise Gregor Kleinknecht’s “excellent communication skills” and “good knowledge of the art market,” explaining: “He gets to the heart of a matter quickly.” – Chambers HNW 2018
Hetty Gleave is highlighted as being “very well known in the market,” adding: “She’s just known generally for being the person to go in art and cultural property.” – Chambers HNW 2018
Gregor Kleinknecht is recognised for his “enormous skill with art law, and his ability to handle different art legal issues with immense pressure and skill.” -Chambers and Partners 2018
Hetty Gleave is “a very good lawyer in that space” and “an efficient personable, experienced litigation lawyer.” – Chambers and Partners 2018
Hetty Gleave “is doing high-quality work and is a real art expert who really knows her stuff.” The Legal 500 2017
Gregor Kleinknecht is “prominent in the area and is known as a tough litigator.” The Legal 500 2017
Alexandra Sarkis is “excellent with clients and is also very knowledgeable and experienced.” The Legal 500 2017
Petra Warrington provides “great support within the team.” The Legal 500 2017
Hetty Gleave is “a very efficient, personable, experienced litigation lawyer.” – Chambers HNW 2017
Gregor Kleinknecht is “very nice, very sociable and a very good communicator” and has an “excellent art practice across the board.” – Chambers HNW 2017
Hetty Gleave “has made a strong practice in the art side and is very keen on dispute resolution. She has a strong way of working and a good reputation in the area.” – Chambers and Partners 2017
Gregor Kleinknecht is “very well versed, with quite a strong international client base on the art side.” – Chambers and Partners 2017
Hetty Gleave “has made a strong practice in the art side and is very keen on dispute resolution.” A source adds: “She has a strong way of working and a good reputation in the area.” Chambers and Partners 2017
Gregor Kleinknecht is a “very well versed, with quite a strong international client base on the art side”. Chambers and Partners 2017
Hetty Gleave is “exceptionally meticulous” and “very knowledgeable, personable and calm”. Chambers and Partners 2016
Gregor Kleinknecht is also ranked Band 3, “is very involved and is one of the few I would think of as being an art market specialist”, according to one commentator. Chambers and Partners 2016
“One of the few firms with a specialist team in this field”. The Legal 500 2016
Hetty Gleave is “very well known in the area; practical, with a good range of knowledge and industry experience”. The Legal 500 2016
“Very thorough, with a good specialist knowledge of heritage legislation”. The Legal 500 2015