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20 April 2007 / Philip Davis , Graham Ludlam
Issue: 7269 / Categories: Features , Commercial
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Wynn or lose?

When should contracts be discharged? Philip Davis and Graham Ludlam investigate

For the past decade Le Rêve (The Dream) by Pablo Picasso has been hanging on the wall of the offices of Las Vegas casino magnate Steve Wynn. He bought the painting, which depicts Picasso’s mistress, for $48.4m in 1997. Wynn recently entered into a contract to sell the painting to hedge fund mogul and avid art collector Steven Cohen for $139m. However, before the contract could be performed, Wynn, who has little to no peripheral vision due to an eye condition, tore a coin-sized hole in the 75-year-old painting with his elbow while gesturing when explaining the painting’s history to friends.
 
The sale agreement was entered into the day before the accident, which Wynn says wiped $54m off the value of Le Rêve. The painting was professionally repaired, but Wynn claims the damage is still visible. The decrease in value has been the subject of an insurance claim which has generated its own litigation in the New York courts. Following the

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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