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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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Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

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Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

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Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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