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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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