Art & Cultural Heritage know how

GDPR: Direct Marketing update

An area of some confusion among clients, now bracing themselves for the arrival of the GDPR, is on what basis they can continue to market themselves to customers: is fresh consent required, or what are the alternatives?  With the 25th of May fast approaching, this short article explains that the new restrictive form of consent […]

Brexit and the creative industries

Theresa May, the new Prime Minister, stated “Brexit means Brexit”, but it is not yet known what Brexit means for the UK.  There is much speculation as to whether the UK will adopt a Norwegian, Swiss or Canadian model for trading with EU, or something else entirely.  In reality, it is impossible to know what […]

Collector Car funds: is this the next market?

Those who follow financial markets are familiar with the specialized investment funds that concentrate exclusively in collectible assets, such as art and fine wine. A new development for 2011 is specialized funds that will invest solely or primarily in those assets closest to our hearts—collector cars. This past winter, plans for two such funds were […]

Ownership of ‘Old Flo’: Tower Hamlets LBC v Bromley LBC

In Tower Hamlets LBC v Bromley LBC [2015] EWHC 1954 (Ch) the court was called on to determine the legal owner of a 1957 Henry Moore sculpture known as ‘Draped Seated Woman’ or, more affectionately, ‘Old Flo’. Inspired by Moore’s experience as an official war artist in London during the second world war, Old Flo […]

How to deal with car workshop space invaders

If you are you running out of space in your workshop because you are storing too much of your customers’ unwanted property, read on to find out what you can do to solve the problem! After a successful restoration or rebuild a customer might well ask you to hang on to some of the old […]

Competition law and the cultural industries: is there now a “social” exemption?

Collective agreements between unions and employers setting minimum rates of pay which are intended to improve working conditions of employees generally fall outside the scope of competition law.   So trades unions can agree minimum fees for their members without fear of fines for breaches of the prohibition on cartels. But what about collective agreements entered […]

Caravaggio in Court: Auction Houses, Duty of Care and Breach of Contract

In Thwaytes v Sotheby’s [2015] EWHC 36 (Ch) the High Court found that Sotheby’s had not been negligent in auctioning a painting as a copy, rather than as an original Caravaggio. Sotheby’s was entitled to rely on its own expertise and connoisseurship, and to assess the painting first and foremost on its quality. Background The […]

Intestacy Rules: Change on the Horizon

The Inheritance and Trustees’ Power Bill received Royal Assent on 14 May, to become the Inheritance and Trustees’ Power Act 2014 (“the Act”). In this update, we revisit our article from last August to provide a reminder of the changes that are due to come into force in October 2014. The Act changes several issues […]

Why Your New Year Resolution Should Be Making a Will

It is not surprising that most people find it quite difficult to get around to making a Will. It can be hard to face up to one’s own mortality and often when people are considering making a Will it is after somebody close has died. However, if you do not make a Will then you […]

The Art of Crowdfunding

With the arts’ increased use of pledge/reward crowdfunding to help fund public projects, what pitfalls must artists, dealers and investors avoid if they wish to monetise their investment?