Art and cultural property

With over 100 years' experience of advising clients in the art market we provide commercial advice with real authority.
  • Profile
  • Experience
  • Key contacts

Our art law team has a deep understanding of the art market. Our lawyers combine extensive experience of advising clients operating in the art market with a passionate interest in art and cultural history. Many in the team have first-hand experience of working within the art industry.

Our team comprises lawyers from all of the firm’s main practice areas and advises on both contentious and non-contentious matters. As well as advising on art and cultural property law issues, we can provide clients with general commercial, tax, employment, real estate and corporate advice. As an international firm, we can also provide clients with a range of local advice.

We act for a diverse range of clients including:

  • artists
  • art advisers and valuers
  • auctioneers
  • collectors
  • dealers
  • financial institutions
  • Government bodies
  • national galleries and museums
  • private galleries
  • trade associations.

We advise on an equally diverse range of matters:
 

  • acquisitions and disposals of art
  • agency and commission agreements
  • attribution and authenticity disputes
  • borrowing and lending against art
  • CITES regulations
  • criminal law
  • competition law 
  • corporate strategy and investment
  • export licensing
  • insurance claims
  • intellectual property
  • internet trading and distance selling
  • professional negligence disputes
  • regulatory and compliance
  • risk management
  • stolen and looted art
  • standard terms of business
  • tax and VAT
  • title disputes.
Stephenson Harwood fields a "very well-respected and market-leading team that provides great customer service, very good representation and high levels of advice with a great ability to adapt quickly as needed."
The Legal 500 UK 2021
  • Art disputes
  • Commercial advice
  • Regulatory and compliance
  • Intellectual property

Challenge to conditions of sale

Successfully defending a claim challenging the enforceability of an auction house’s conditions of sale.

Alleged breach of a title warranty

Advising dealers in a hotly disputed claim alleging breach of a title warranty.

Bidding dispute

Advising an art collector on a bidding dispute with a major auction house.

Enforcement of an authenticity warranty

Acting in the defence of proceedings seeking to enforce an authenticity warranty in conditions of sale.

Professional negligence dispute

Representing an art dealer in a professional negligence claim in the High Court against its former advisers.

Enforcement of sale contract

Acting in proceedings to enforce a contract for the sale of a sculpture to our client.

Title dispute

Successfully resolving a dispute over ownership of a historically significant object.

Attribution and description dispute

Acting for the sellers of artworks sold through a dealer in a dispute with the buyer regarding the attribution and description of the objects.

Due diligence in art acquisitions

Advising a government institution on best practice due diligence in art transactions.

Purchase agreement

Advising a government institution on a contract for the acquisition of a sculpture.

Digital artworks

Advising collectors on the sale and loan of digital artworks.

Commission agreement

Advising a government institution on the commission of a large piece of public art.

Consumer rights legislation

Advising on issues relating to the EU Consumer Rights Directive 2011/83/EU.

Standard consignment terms and conditions

Advising a number of dealer organisations on standard consignment terms and conditions.

The Association of Art and Antique Dealers (LAPADA)

Acted for LAPADA in developing the standard terms of sale for use by it's over 600 members.

Export licence application

Advising an overseas art collector in relation to an application to export an artwork which was found by the Reviewing Committee on the Export of Works of Art to meet the Waverley Criteria.

CITES

Advising in relation to a police investigation and subsequent proceedings relating to the sale of an item containing ivory.

Alleged bribery

Advising dealers in a dispute concerning an alleged secret commission payable on a transaction involving a net return price.

Compliance with court orders

Advising an auction house on compliance with a court order permitting the seizure of consigned goods in its possession.

Copyright infringement

Advising an auction house in relation to disputes relating to a consigned artwork which was alleged to infringe a third party’s copyright.

Art commissions - ownership of copyright

Advising on issues relating to the ownership of copyright in the context of the commission of an artwork.

Artist’s Resale Right

Advising an auction house in relation to whether a particular category of works for sale was subject to the Artist's Resale Right Regulations.

Trademark infringement

Advising an auction house in relation to potential liability for use of a third-party trademark in a catalogue.

Lawyer

Nicolas Demigneux Paris office managing partner

T:  +33 1 44 15 80 00
M:  +33 6 70 08 35 79 Email Nicolas | Vcard Office:  Paris

Lawyer

Roland Foord Partner

T:  +44 20 7809 2315
M:  Email Roland | Vcard Office:  London

Lawyer

Guy Harper Partner

T:  +44 20 7809 2398
M:  Email Guy | Vcard Office:  London

Lawyer

Katie Hewson Partner

T:  +44 20 7809 2374
M:  Email Katie | Vcard Office:  London

Lawyer

Jamie Stranger Partner

T:  +852 2533 2780
M:  +852 9354 4481 Email Jamie | Vcard Office:  Hong Kong

Latest news & insights

05 Jul 2023

From Insights

Art law - recent developments July 2023

Welcome to the latest issue of our "Art law - recent developments" newsletter in which we discuss legal issues currently affecting the global art community.

More

25 May 2023

From News

Four lawyers featured in Spear's Magazine's 2023 rankings

Stephenson Harwood senior partner Roland Foord, partners Kiersten Lucas and Ezio Dal Maso, and consultant Neil Noble have been included in Spear's Magazine's 2023 'Emp..

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27 Feb 2023

From Insights

Art law - recent developments February 2023

Welcome to the latest issue of our "Art law - recent developments" newsletter in which we discuss legal issues currently affecting the global art community.

More

10 Aug 2022

From Insights

Art law - recent developments August 2022

Welcome to the latest issue of our "Art law - recent developments" newsletter in which we discuss legal issues currently affecting the global art community.

More

27 Jul 2022

From News

Roland Foord named a 'best art lawyer'

Stephenson Harwood senior partner Roland Foord has been named in Spear's Magazine's 2022 list of best art lawyers for high-net-worth individuals in the UK.

More

25 Jan 2022

From Insights

Art law - recent developments January 2022

Welcome to the latest issue of our "Art law - recent developments" newsletter in which we discuss legal issues currently affecting the global art community.

More

14 Jul 2021

From Insights

Art law - recent developments July 2021

Welcome to the latest issue of our "Art law - recent developments" newsletter in which we discuss legal issues currently affecting the global art community.

More

05 Jul 2021

From Insights

NFTS: Practicalities, problems and pitfalls

Stephenson Harwood’s art and cultural property team recently hosted a virtual webinar on Non-Fungible Tokens (NFTs) in the art market.

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19 May 2021

From Insights

A wealth of advice: A spotlight on art - buyers beware

Buying and selling art has recently come under the spotlight, following the UK's implementation of the EU's 5th anti-money laundering directive which contains specific..

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07 Jan 2021

From Insights

Art law - recent developments January 2021

Welcome to the latest issue of our "Art law - recent developments" newsletter in which we discuss legal issues currently affecting the global art community.

More

07 Jan 2021

From Insights

Digital Collections: Reflections on copyright

Over recent years, there has been a huge growth in digital collections of artwork held by galleries and museums, much of which has been made available online.

More

07 Jan 2021

From Insights

What are the Generally Accepted Views of Scholars

“Buyer Beware” is the order of the day when it comes to buying art, especially at auction. As regular attendees at auctions will be aware, the auction houses’ conditio..

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07 Jan 2021

From Insights

Data protection and 5MLD

The Fifth Money Laundering Directive (5MLD) came into force on 10 January 2020 and imposes on art market participants a new obligation to carry out a range of due dili..

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20 Feb 2020

From Insights

AML and the Art Market: BAMF Guidance addresses key issues

In this update we consider what the Guidance says about the effect of ML Regulations in the course of day to day business. In particular we consider three questions: (..

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10 Jan 2020

From Insights

In force today: Fifth Money Laundering Directive applies to the art market

Today the Fifth EU Money Laundering Directive (“5MLD”) takes effect in the United Kingdom.

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23 Oct 2019

From Insights

Art law - recent developments October 2019

Welcome to the latest issue of our "Art law - recent developments" newsletter in which we discuss legal issues currently affecting the global art community.

More

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© Stephenson Harwood LLP 2016. Any reference to Stephenson Harwood in this document means Stephenson Harwood LLP and/or its affiliated undertakings. Any reference to a partner is used to refer to a member of Stephenson Harwood LLP.