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Creators + Collectors

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Understanding the people and passions behind the collections.

Too often, luxury assets, passions, toys, philanthropy and sustainability initiatives are seen as either simply expensive possessions or as an entertaining side-project. Through our close client relationships over many years, we know that these endeavours truly represent some of the things in life that matter most to our clients. We work with and understand the people behind the collections and the catalyst that these interests can become - whether aesthetic, commercial, charitable or societal.

Our Creators + Collectors work spans across many different areas enabling our team to respond with this deep understanding from the start.

We draw together specific experts to help our clients build their creative passions and realise their potential from all angles - from strategy to delivery.

Creators

We provide creators with essential support to help them succeed. Our services include corporate governance and regulatory advice, contractual advice, negotiation, and preparation, intellectual property and trade-mark protection dispute resolution and reputation protection to manage any challenges. Additionally, we support brand development to enhance and grow their creative identity.

Collectors

We provide collectors with tailored support to enhance their collections. Our acquisition advice covers contractual work and due diligence, managing collections with expertise in holding structures, movement, security-backed lending, and tax advice. We also guide art philanthropy efforts, enabling collectors to make impactful contributions. Our advisory services help explore creative and commercial spin-offs and projects, succession planning to secure the future of collections and reputation protection and strategy to uphold and enhance collectors' standing.

Watch our Creators session with Alexandra Llewellyn below or read more.

  • Foundations and charities

    We provide bespoke services to those who strive to make a difference. We have experienced legal experts who bring a wealth of knowledge and a deep passion for the sector, including unparalleled experience from the Charity Commission for England and Wales.

    We provide an end-to-end service for foundations, grant-makers, museums, galleries and other cultural and heritage organisations, on their legal and commercial issues, from setting up new organisations, through key strategic decisions, grant-making policies and best-practice, to complex transactions and risk management.

    Key experience
    • Advising the commercial arm of the Royal Botanical Gardens, Kew, on negotiating it's first exclusivity agreement with Greensphere Capital.
    • Strategy, execution, delivery and legal support for an art foundation and not for profit entity.
    • Advising on the loan of significant contemporary artwork to an international foundation.
    • Advising a charity pioneering new standards for creative solutions to reduce the art sector's environmental impact.
    • Advising a performing arts charity on a multi-disciplinary creative project.
    • Advising on the first repatriation of a Benin bronze from the UK.
    • Advising a National Museum on the largest repatriation of Benin artefacts from the UK to date.
    • Advising a major charitable foundation on legal, regulatory and governance issues arising from its museum, including safeguarding incidents and a campaign targeting the charity.
    • Advising a number of charities in the arts and museum field on fundraising contracts and regulation, commercial relationships and governance.
    • Advising a number of charities on the acceptance of innovative gifts and donations including of artwork and other creative work.
    • Advising charities on the charity, regulatory, commercial and intellectual property issues arising out of use of significant literary estates as part of charitable activities. 
    • Advising arts charities and not for profit arts organisations with board and executive matters.
    • Acting for a national institution in a dispute concerning the return of loaned items.
    • Advising a national museum on Data Subject Access and Freedom of Information Requests.
    • Advising arts organisations in relation to regulatory obligations.

  • Security-backed lending and restructuring

    At Mishcon, we pride ourselves in thinking outside the box and creating innovative solutions which suit our clients' individual needs.

    Alternative asset backed lending is a type of financing where loans can be secured against non-traditional assets, for example:

    • Art Portfolios
    • Jewellery
    • Couture Collections
    • Intellectual Property

    Individuals and corporates can access capital by leveraging their assets, which might not have been otherwise considered in a more traditional scenario (for example, real estate). There are certain requirements a Lender will have, and certain obligations which the Borrower will have to meet, but we are here to assist both Lender and Borrower clients through the process.

    Key experience
    • Security backed lending on a significant collection of haute couture and jewellery.
    • Finance and debt restructuring over multiple jurisdictions, where the underlying collateral has been a portfolio of world-class artworks.
    • Acting on the purchase, tax structuring, secured lending, intellectual property in and establishment of vineyards and wineries, including those with stock and hospitality.
    • Advising collector in relation to loan secured against artworks and furniture.
    • Assisting an UHNW individual to obtain a loan of £150 million secured against their portfolio of world-renowned artworks valued at £300 million.
    • Advising on cross-jurisdiction transactions, coordinating (for example) Swiss, US and Isle of Man Counsel, tax consultants to obtain deal specific tax advice, storage facilities to negotiate the attornment agreements and with insurers in respect of art market specificities, whilst maintaining the relationship between client and lender.
    • Preparing an agreement for a client which was extending finance to a dealer/borrower in exchange for title in an artwork, with an option for the borrower to re-purchase the artwork following repayment of the financing.

     

  • Digital assets

    Digital art has a well-established history; artists continue to push the boundaries of the medium by exploring new ways of collaborating with other creative forms such as music, fashion, and the blurred intersection between intangible and tangible artworks. Such exploration requires art law to be adjustable in its approach with regard to intellectual property protections, rights and ownership.

    Key experience
    • Intellectual property advisory work on digital art and protection of the asset.
    • Advising artist on licensing arrangements on sale of digital artworks.
    • Negotiating consignment and sale terms for a digital artwork collaboration between a fashion house and an auction house.

  • Collectibles

    We advise on a diverse range of legal issues affecting collectibles and artefacts, in addition to the businesses and structures around them. Working with our clients our work includes due diligence, acquisition, tax, holding structures, loan and gifting, and assistance on all types of dispute resolution. The artefacts and collectibles can be as diverse as jewellery, gemstones, haute couture, handbags, trainers, watches, and dinosaurs.

    Key experience
    • Guidance and legal support on private and auction sales of dinosaur fossils.
    • Advising in respect of authenticity and associated valuation of wine collections.
    • Providing advice in respect of the establishment, regulatory governance and corporate set up of a fractionalised luxury asset investment platform.
    • Advising on the technological transformation of an antique map collection to expand its audience and open new opportunities for research and engagement with academics, artists, and designers.
    • Advising a designer of luxury and custom board games.
    • Advising on tax and ownership structures for wine collections.
    • Acting for claimant in wine forgery dispute.
    • Advising on the sale and purchase of luxury watches.
    • Assisting auction house in pursuing non-paying purchaser following watch auction.
    • Advising on export deferral process and acquisition of export embargoed rare 18th century watch.
    • Advising on a dispute over the ownership of sporting memorabilia.
    • Advising on a partnership dispute in relation to a boutique liquor brand.

     

  • Equine

    We work across all equestrian disciplines. We advise on ownership and part ownership agreements; import/export and tax obligations; and employment and property matters for equestrian businesses. We work with clients to resolve disputes concerning all aspects of ownership and equine sport, including regulatory and reputational advice. We act for some of the largest owners, trainers and industry bodies and have handled some of the largest stud farm and racing yard acquisitions in the market.

    Key experience
    • Advising clients on the sale and purchase of a notable dressage horse.
    • Advising a client in relation to the purchase of a top-level showjumper, including in relation to illegal profits arising out of agents' fees.
    • Advising clients in relation to equestrian regulatory disputes (e.g. with the relevant sporting regulatory authority).
    • Advising in relation to an Enterprise Investment Scheme for a group involved in showjumping.
    • Advising an owner on the export and import of bloodstock across jurisdictions including a due diligence review.
    • Acting for racing institutions, trainers and breeders on property transactions, including acquisitions of yards as going concerns (e.g. studs with stallions and goodwill included) and the purchase of one of the UK's largest stud deals in the last few decades.
    • Acting for an array of successful trainers, including William Haggas, Nass Thoroughbred, Luca Cumani, Sir Mark Prescott, Nass Racing on property purchases, sales, ongoing property management, partnership advice and estate planning.
    • Acting on the sale of a share of ownership of an Olympic dressage horse.
    • Representing clients in a dispute with a trainer regarding the custodianship and care of three-day event horses, including successful delivery-up of the horses.
    • Advising clients in relation to disciplinary and regulatory issues across the equestrian industry, including UK Sport, the British Equestrian Federation, British Horse Society, British Horseracing Authority and British Dressage.
    • Advising clients in relation to complex sales disputes, regarding issues relating to unlawful commission, agency agreements, misrepresentation and fitness for purpose.
    • Facilitating the international import and export of polo ponies and stud horses.
    • Advising clients on reputational issues arising from doping allegations in the endurance world.
    • Providing structuring and tax advice in respect of a showjumping EIS investment fund.
    • Advising on the succession and transfer of racing colours owned by a prominent UK family.
    • Advising clients on the buying and selling of polo fields.
    • Advising clients on livery arrangements.
    • Advising clients on due diligence, vetting and acquisition processes.

  • Classic cars

    We advise on any kind of transaction or dispute that involves the ownership of classic and collectible cars.  Both on private and public acquisitions we have assisted clients on acquisition, co-ownership, reputation, tax structuring, global movement and disputes arising from condition, display and storage, attribution, race histories, authentication and title. We understand the sensitivities that can arise around a purchase of passion and are often involved from the outset to help collectors navigate risk.  

    Key experience
    • Advising a claimant company on a high value unlawful means conspiracy, including claims for breach of fiduciary duties and breach of contract claim, concerning a museum quality classic car collection.
    • Defending a collector on claims regarding the race history and authenticity of a known classic car.
    • Advising a classic car collector on a dispute with an auction house regarding representations on condition and authenticity.
    • Advising a client on a dispute arising from the renovation of a classic car.
    • Advising a purchaser on title and attribution issues following the acquisition of a classic car at auction, [2015] EWHC 3257 (Comm).

    • Advising on a dispute over the ownership of a supercar, among other luxury assets.

     

  • Intellectual property

    We understand that at the heart of ensuring your business is agile, is an effective IP strategy. The difference between a dynamic, value-led IP strategy and a traditional filings-led one, will not only help to ensure resource is deployed efficiently, but means your business is better prepared to manage risk and take advantage of opportunities to collaborate, attract investment or enable a beneficial exit.

    Key experience
    • Providing commercial, legal and strategic support to art and design businesses including intellectual property advice, anti-money laundering guidance and training, contractual work, employment and reputation.
    • Legal work and strategy advice on collaborations between creative industry businesses such as those between artists and fabricators, artists and fashion houses, artists and institutions; artists with high street and high end retailers.
    • Advising music and sports personalities in relation to brand protection, licensing, infringements and band name disputes.
    • Advising a UK fashion organisation in relation to brand protection and sponsorship matters relating to its events.
    • Brand advisory work for creatives and artists.
    • Designing and negotiating a collaboration agreement between a prominent designer and landed estate, and advising on arrangements to protect the estate's intellectual property.
    • Acting for environmental and heritage property charities, including on acquisitions, leases, chattels, and governance.

     

  • Art and antiquities

    We understand that collecting art and artefacts can be a lifetime passion. But owning, managing and creating art brings obligations and responsibilities, such as reputation and legacy, the protection of cultural heritage and financial planning.

    Key experience
    • Acting on the sale, export and acceptance in lieu of nationally significant and conditionally exempt works of art.
    • Advising a National Museum on the restitution of looted Roman coins to a French Museum.
    • Advising a collector on the due diligence and authentication assessment of coins.
    • Dispute resolution in cases of defective title, provenance, authenticity and attribution.
    • Advising clients in respect of acquisitions, consignments, loans, commissions and donations of art and antiquities.
    • Advising on art related aspects and issues arising from estates, wills and trusts.
    • Advising on the establishment of artist foundations.
    • Advising on criminal and fraud aspects of art, including fakes, forgeries, money laundering and art theft.
    • Advising on cultural heritage property claims, including spoliation and restitution.
    • Acting on the sale, export and acceptance in lieu of nationally significant and conditionally exempt works of art.
    • Creation, management and dissolution of art funds and other art investment structures.
    • Advising on anti-money laundering regulations for art market participants including obligations, risk assessment, policy and implementation.
    • Assisting collectors, museums and galleries in relation to import, export and movement of art and antiquities.
    • Advising in relation to art insurances disputes.
    • Advising on auctions law including third party claims and auctioneers responsibilities.
    • Reputation and crisis management for public and private galleries, and individuals within the art market sector.
    • Acting for borrowers and lenders in connection with loans secured against artworks.
    • Exploitation and protection of copyright and other intellectual property rights including artist's resale rights.

     

  • Properties

    Our Residential Property team specialise in prime UK residential property transactions both in the capital and the countryside. In parallel, our Estates Group looks after some of the largest estates in the country, working from our London, Oxford and Cambridge offices.

    Key experience
    • Acting on the purchase of country houses and landed estate businesses with brands, including luxury furnished holiday lettings, intellectual property and significant online presence with websites and social media issues.
    • Acting on the purchase of prominent sporting estates, particularly high value estates sold off-market.
    • Drafting shoot contracts, both as licences for third parties to operate shoot days and for the provision of individual day or days of shooting to guns directly, addressing catering and insurance issues.
    • Advising on income-producing opportunities from property, such as filming contracts and rural experience days.
    • Acting on the purchase, tax structuring, secured lending, intellectual property in and establishment of vineyards and wineries, including those with stock and hospitality operations.
    • Acting on the purchase of houses and estates with important chattels included in the sale, particularly in art, heritage property items such as architecturally important garden statuary.
    • Advising owners of estates on management matters, including rights, covenants, and negotiations with third parties, trustees, and co-owners.
    • Advising co-owners of property and beneficiaries of trusts on their rights to occupy property, force or prevent a sale, or remove trustees.
    • Acting on the purchase of polo, racing, dressage and other equestrian properties, including those with bloodstock and staff.
    • Advising on the transfer of employees and on contentious employment issues, resolving disputes with core members of staff on estate teams with a focus on confidentiality and protection of the landowning family.
    • Advising on estates with specific security needs and infrastructure (both physical and cyber), including with high-specification plant and machinery with operation and maintenance requirements.

     

  • Yachts

    We advise clients on all aspects of yacht ownership -this could be advising on a build, through to a dispute over ownership- we can assist on litigation, tax, holding structures, employment and art on yachts. We have helped on a diverse range of vessels acquired for different purposes.

    Key experience
    • Advising a client on the most suitable jurisdiction to hold their yacht though factoring in legitimate tax mitigation (in particular Social Security and Value Added Tax) as well as genuine privacy consideration.
    • Advising a client on the most appropriate legal entities to (i) hold and (ii) manage the yacht when the yacht was used by the family for private as well as for commercial purposes. 
    • Advising a client on the most appropriate governance structure for holding the yacht when there were potential asset protection issues (including seizure/arrest of the yacht).
    • Advising on a dispute over the ownership of a yacht and its art collection.
    • Advising a client on a warranty claim under a yacht construction agreement. 

     

     

  • Experiences

    We work with clients who build experiences- immersive, visionary, indulgent to challenging.  Our legal and strategic support includes the breadth of our practice from transactional, structuring, and  tax advice through to IP and brand protection. 

    Key experience
    • Drafting shoot contracts, both as licences for third parties to operate shoot days and for the provision of individual day or days of shooting to guns directly, addressing catering and insurance issues.

     

  • Jewellery

    From creation and sale of pieces through to recovery of stolen jewellery, we work alongside our clients on due diligence (including authentication, examination and certification), acquisition and sale, consignment, tax and holding structures, loan and gifting, legacy planning, IP and brand advisory and enforcement, dispute resolution, and trace and recovery of stolen items.

    Key experience
    • Advising a jewellery collector on a dispute arising from the authentication and conservation treatment of antique pearls.
    • Supporting a client on the recovery of significant pieces of jewellery in transit including civil and criminal recovery mechanisms.
    • Advising a client regarding antique jewellery stolen from a holding facility.
    • Advising a client on strategy and sales platform for a contemporary jewellery collection. 
    • Working with clients on the sale and consignment of jewellery.
    • Security backed lending and non-contentious advisory work on jewellery.
    • Advising in relation to commission and exhibition agreements for jewellery.
    • Advising a luxury jewellery designer on the protection and enforcement of its intellectual property rights in its jewellery designs, against an imitation site.

     

     

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