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ARTS & CULTURAL PROPERTY
Painting by Stephen Tromans QC
ARTS & CULTURAL PROPERTY Page 2
Overview39 Essex Chambers has a wide ranging Art and Cultural Property Group, comprising leading practitioners who are widely regarded as combining a strong academic background with pragmatism and versatility as well as being easy to work with, and as such members are instructed regularly involved in many significant Art and Cultural Heritage cases over the last few years.
Our barristers regularly appear in leading cases in the Supreme Court, Court of Appeal and High Court, as well as undertaking public inquiry, Crown Court and magistrates’ court work. Other appearances include before the European Court of Justice, the Privy Council, the Hong Kong Court of Final Appeal and courts in the Caribbean. Members act as counsel and arbitrators in arbitrations and as mediators.
We can draw together teams of barristers who range from experienced silks to the more recently qualified barristers, to offer a comprehensive and cost-effective service, combining strong analytical, advisory and advocacy skills with pragmatism and approachability.
Related practice areasThe Art and Cultural Property team draws on the strength of Chambers in Commercial, Planning, Property, Public International and Tax law, to provide comprehensive advice in all areas of Art and Cultural Property
Client Service Chambers are at the forefront of client care, and will always strive to offer the best possible service to both yourself and the client. The first point of contact would be a member of the Practice Management team. Once the case has been allocated members can then be contacted directly, with the case being administratively managed by the Practice team. The members are all extremely accessible and responsive to any queries you may have. The Practice Management team are available out of office hours and also accessible by email. Emails are dealt with promptly and efficiently both during the day and out of hours.
Legal 500 2020: ‘five-star’ clerks’ room that is ‘responsive,
practical, proactive, and client friendly’; a ‘second to none’ team that is ‘always willing to go the extra mile’ for clients.
Chambers and Partners 2020:The clerking service is consistent and responsive. You can be confident with
what you’re going to get.
The chambers is very efficient and the clerking is extremely professional.
All the clerks are friendly, approachable and hard-working.” “The clerks are
switched-on and user-friendly.”
Art & Cultural Property Group Management Team
ANDREW POYSERDeputy Senior [email protected]: +44 (0)20 7832 1190Mobile: +44 (0)7921 880 669
ELLIOTT HURRELLPractice [email protected]: +44 (0)20 7634 9023Mobile: +44 (0)7809 086 843
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Art and Cultural PropertyOur members specialise in wide ranging issues concerning works of art and cultural objects (such as archaeological finds and objects of value to ingenious peoples), regularly advising clients such as auction houses and galleries, owners, artists, museums and regulators including Arts Council England and Historic England. Members of the group are also Direct Access qualified, and are able to accept instructions directly. Chambers is a corporate member of the Institute of Art and Law.
Areas of legal practice include:Contractual issues of sale of goods, auctions, bailment, title (including in chattels and real property law, and restitutory/spoliation claims), disputes over attribution, valuation in contract or tort, listed buildings and the removal of works of art, treasure and other laws on finds (including military remains and shipwrecks), export licensing, recovery of unlawfully exported/excavated items, public international law, tax (including inheritance tax, VAT and heritage related provisions, such as conditional exemption and acceptance in lieu).
The team also regularly advises Cultural Institutions concerning the powers and governance of cultural institutions such as museums. These legal issues include: contractual arrangements, powers and duties under statutes (often specific to the institution) and charities law, de-accessioning (so return or sale of items)
Notable Work: • Dill v Secretary of State for Communities and
Local Government [2020] UKSC 20 The only Supreme Court case on art or heritage. Acting for the successful former owner on whether C18 lead urns could be listed buildings.
• City & Country Bramshill Ltd v SSHCLG [2019] EWHC 3819 (Admin) The case concerned a Grade I listed Jacobean mansion in Hampshire, uniquely set in a Grade I Registered Park and Garden, and containing important tapestries.
• Advising the Natural History Museum on the repatriation of indigenous remains in their collection.
• R (Government of the Republic of France) v Kensington and Chelsea Royal London Borough Council [2017] 1 WLR 3206 The scope of certificates of lawfulness of proposed works to listed buildings.
• Advising a corporation on the removal of Sculptures from a well-known listed building in London.
• Acting successfully to secure listed building consent on appeal for the removal and sale of a C18 chandelier at Sir William Turner’s Hospital, Kirkleatham.
• Acting in high profile export licensing cases, such as the City of Adelaide ship.
• Advising on public international law in relation to a Spanish galleon sunk by the British Navy in the Caribbean sea in the 18th century.
• Acting for the British Art Market Federation on the Dealing in Cultural Properties (Offences) Bill 2003, securing important amendments to the legislation.
• Advising the Quinquennial Review of the Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest.
• Advising on the ownership of items left by the family when a house was given to the National Trust.
• Acting in a dispute involving the ownership of fine wines following an insolvency event.
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VICTORIA BUTLER COLE qc (Call 2005, Silk 2019)
Victoria specialises in public, regulatory and disciplinary law. She advised the Natural history museum on the repatriation of indigenous
remains in their collection.
PAUL STINCHCOMBE qc (Call 1985, Silk 2011)
Paul has considerable experience in advising and appearing in cases raising heritage and cultural issues, both at Inquiry and in the Court.
These include Vallis v The Secretary of State for Local Government [2012] EWHC 578 (Admin), a successful challenge against a decision which would have required the demolition of an historic barn, followed by further success at the resultant reheard Inquiry; and two judicial reviews attempting to protect the listed house in which Sir Arthur Conan Doyle wrote the Hound of the Baskervilles (R (Gibson) v Waverley Borough Council [2012] EWHC 1472 (Admin) and R (Gibson) v Waverley Borough Council [2015] EWHC 3784 (Admin). The first Conan Doyle case was described by English Heritage as “the principal case law on the question of optimal viable use” in respect of heritage assets and saw Paul named ‘Lawyer of the Week’ in the Times.
RICHARD HARWOOD obe qc (Call 1993, Silk 2013)
Richard has specialised in art law for over 20 years, advising art owners, auction houses and public authorities, including Historic England. He
appeared successfully in the Supreme Court for the former owner of two lead urns who was challenging whether they could be listed buildings: Dill v Secretary of State (2020). The case establishes what can be a listed building and provides important guidance on the status of art works. Richard has advised owners and auction houses on numerous occasions whether statues, paintings and furnishings are part of buildings or land for ownership or listed building purposes. He helped secure listed building consent on appeal for the removal and sale of a C18 chandelier at Sir William Turner’s Hospital, Kirkleatham. Richard has acted in several of the most high profile export licensing cases of recent years, including the City of Adelaide ship. He has also advised on treasure, military remains and the ownership of archaeological objects by museums.
He advised the British Art Market Federation on the Dealing in Cultural Properties (Offences) Bill 2003, securing important amendments to the legislation. Richard was also an adviser to the Quinquennial Review of the Reviewing Committee on the Export of Works of Art and Objects of Cultural Interest.
Richard is the author of Historic Environment Law (2012, Supplement 2014) and has written for Christie’s Bulletin for Professionals. He teaches on the Institute of Art and Law’s diploma course, has guest lectured in art law at UCL, King’s College London and Christie’s and is teaching on the Queen Mary LLM in Art, Business and Law in 2020-21. Recommended for Art and Cultural Property law by Chambers Bar Directory and Chambers High Net Worth Directory, Richard is a member of Professional Advisers to the International Art Market. He is also a member of the Bar Library, Belfast.
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NED HELME (Call 2006)
Ned has extensive experience of art and cultural property and other heritage issues in the listed building and planning law contexts.
He has acted in a range of heritage cases in the High Court and Court of Appeal (including: City & Country Bramshill Ltd v SSHCLG [2019] EWHC 3819 (Admin); R (Government of the Republic of France) v Kensington and Chelsea Royal London Borough Council [2017] 1 WLR 3206; and R (Gibson) v Waverley Borough Council [2015] EWHC 3784 (Admin) and [2012] EWHC 1472 (Admin)). He has also acted in a range of heritage-related inquiries, including major inquiries concerning the future of Bramshill (a Grade I listed Jacobean mansion in Hampshire, uniquely set in a Grade I Registered Park and Garden, and containing important tapestries) and St Osyth’s Priory (a major group of Grade I, II* and II listed buildings in Essex).
KELLY STRICKLAND-COUTINHO (Call 2006)
Kelly advises and litigates tax matters relevant to art and cultural property including inheritance tax, VAT and duties relating
to import and export. She has experience of contractual disputes, including those involving valuation. She also has experience in the related area of state aid, and advises on the application of the available exemptions for culture and heritage in relation to prospective grant funding and transactions, including in relation to substantial local heritage sites.
DAVID SAWTELL (Call 2005)
Practising real property, commercial and construction law, David is well placed to advise in respect of private law disputes arising out of
art and heritage installations. He is currently undertaking a PhD part time at the University of Cambridge, researching the incorporation of moveable property into land as part of construction operations. He is currently advising in respect of a multi-million pound claim arising out of the construction of a prominent history and heritage centre. As part of his commercial practice, has been instructed in a dispute involving the ownership of fine wines following an insolvency event, where the sale agreement included a retention of title and proceeds clause. David is also regularly instructed by charities and by ecclesiastical bodies in respect of private law disputes arising out of property.
JOHN PUGH-SMITH (Call 1977)
Both as a practising barrister and as a neutral dispute resolver John’s practice embraces cultural heritage and ecclesiastical matters. He is also one of
the Design Council’s Built Environment Expert and a Fellow of the Society of Antiquaries, the latter arising out of his co-authorship of the seminal work Archaeology in Law (Sweet & Maxwell) and other related articles.
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CATHERINE DOBSON (Call 2009)
Catherine has a broad practice which combines general public law, environmental law and public international law. She has developed a niche
expertise in historic environment matters, and has acted for owners and interest groups on art and antiquities matters, in particular on issues relating to the removal of art from historic buildings. She acted (led by Richard Harwood QC) for the successful for the former owner in Dill v Secretary of State for Communities and Local Government [2020] UKSC 20, where the Supreme Court clarified the test for what can constitute a listed building. She has recently advised on the lawfulness of removal of a high value statue from a listed building. She has lectured on these topics at the Institute of Art and Law and is a Fellow of St Edmund’s College, Cambridge, where she teaches constitution law.
TOM TABORI (Call 2011)
Tom is an experienced public and civil law practitioner, on the C-Panel of both the Attorney General and the Equality and Human Rights Commission. He has
particular expertise in judicial review, but also civil claims in contract and tort. His recent cases include claim in the tort of conversion, where he acted for the successful regulator defendant. He is assistant editor of Shackleton on the Law of Meetings, editing chapters including charity law. Before coming to the Bar, he had a number of jobs in the arts, including as Arts Promotions Officer at The Black-E in Liverpool, during European Capital of Culture 2008, which involved liaising with funding bodies including Arts Council England, and clients including the BBC.
DAVID HOPKINS (Call 2013)
David’s practice spans Chambers’ specialisms in commercial and public law. He deals frequently with contractual and tortious disputes, acting for
individuals through to large companies, as well as regulatory matters, acting for both regulators and regulated persons. David has a particular interest in claims involving bailment and was the contributing editor of the Auction and Bailment volumes of Atkin’s Court Forms (2018 issue). His previous experience also includes advising on matters of public international law in relation to a Spanish galleon sunk by the British Navy in the Caribbean sea in the 18th century.
JONATHAN DARBY (Call 2012)
Jon advises and appears on behalf of clients in relation to art, cultural property and heritage related issues in the listed building, property and planning law contexts.
STEPHANIE DAVID (Call 2016)
Stephanie has a growing practice in matters relating to art and cultural heritage, particularly insofar as they touch upon public international law, civil and
commercial matters, and planning law. Most recently, she advised and represented a local planning authority (“LPA”) as junior counsel to Richard Harwood QC OBE in respect of development proposed in a prominent location on the coast, immediately south of the Royal Military Canal, a Scheduled Monument. A key issue for the LPA was the impact of the development on the Scheduled Monument and its setting.
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