Anti-seizure has become a central factor in the legal security of art loans and the cross-border mobility of art. The grant of immunity from legal action for travelling art raises fundamental questions about the efficient conduct of international exhibitions, the fair treatment of claimants, the reassurance available to lenders and the maintenance of ethical standards.
Parliament has now enacted sections 134 to 137 of the Tribunals Courts and Enforcement Act 2007 with the aim of conferring such immunity, and the Department of Culture Media and Sport has published its consultation paper on Regulations to be published under the Act. These are matters of crucial importance to all museums in the United Kingdom, to their overseas lenders, to potential claimants and to their advisers and insurers.
The closing date for responses to the DCMS consultation paper is 21st December 2007. See here for details.
The aim of this meeting was to explore and develop attitudes to the proposals and to encourage the exchange of ideas. A group of specialist speakers outlined and commented on the proposals, following which the subject was opened for general debate. The Forum, organised by the Institute of Art and Law in association with the Foundation for International Cultural Diplomacy, enabled those who seek advice about the current position to clarify their views, crystallise their response to the DCMS paper and prepare themselves for the challenges and opportunities that lie ahead.
Speakers included Judge Shoshana Berman (Israel); Charles A. Goldstein, Attorney, Herrick Feinstein, New York; Lord Howarth of Newport; Anna O’Connell (solicitor) and Professor Norman Palmer (barrister).
A copy of the IAL conference flyer can be found here.
IAL contact details:
Institute of Art and Law
Nr Builth Wells
Powys LD2 3BX
Tel +44 (0)1982 560 666
Fax +44 (0)1982 560 604