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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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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