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05 September 2025 / Michael L Nash
Issue: 8129 / Categories: Features , Profession , International
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Request, recovery & return: an update (Pt 1)

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From the wreck of the Titanic to looted treasure, Michael L Nash considers the complexities that separate possession from ownership
  • The article explores the evolving issues distinguishing possession from ownership, especially in cases involving artefacts of cultural and historical value—often complicated by national boundaries, wartime looting and shifting political contexts.
  • From the Titanic to the bust of Nefertiti, there is a tangled web of claims, counterclaims and diplomatic tensions surrounding the rightful ownership and repatriation of artefacts.

I first wrote about this topic in 2004 (‘Request, recovery & return’, 154 NLJ 7117, p15). Although some basic principles in this very complex issue remain the same, much has developed in the past 20 years.

The basic principle which remains constant is the difference between possession and ownership. Possession is a much older concept than ownership, the recognition of which is a mark of more developed and—to the mind of the West, at least—more settled societies, which develop cultural norms.

These twin concepts, never

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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