the standards of the time was exceptional and required urgent mitigation during and extensive redress after the War. Mr Macgregor adds: “When the Trustees acquired the drawings in 1946 and 1949 they did so on the mistaken assumptions that title was in each case in order, and given all the facts it is clear that, had they discovered that the drawings had been stolen by the Nazis, they would have expected to return them to their rightful owner in accordance with the declared policy intentions of His Majesty’s Government, which they had helped to shape. In the circumstances prevailing at the time and in view of the professional integrity of the people concerned, I think it likely that the assumptions about title were reasonably and honourably made.” 14. In 1998 there was a conference in Washington on Holocaust Era Assets. The conference endorsed eleven non-binding principles designed to assist in resolving issues relating to Nazi-confiscated art. Articles 8 and 11 provide: “8. If the pre-war owners of art that is found to have been confiscated by the Nazis and not subsequently restituted, or their heirs, can be identified, steps should be taken expeditiously to achieve a just and fair solution, recognising this may vary according to the facts and circumstances surrounding a specific case.” ..... “11. Nations are encouraged to develop national processes to implement these principles, particularly as they relate to alternative dispute resolution mechanisms for resolving ownership issues.” 15. On 17th February 2000 the Department for Culture, Media and Sport set up the Spoliation Advisory Panel, to which I have already referred, under the chairmanship of the Rt Hon Sir David Hirst. Its purpose is to assist claimants, museums and galleries in the consideration of claims and to recommend appropriate action to resolve particular claims. On 8th June 2000 the Trustees submitted evidence to the House of Commons Select Committee Inquiry into “Cultural Property: Return and Illicit Trade”. It explained that if it were established that the Museum was holding objects looted by the Nazis during the holocaust the Museum would wish to find a way to achieve a return of those objects to the victim’s family. 16. Thus if the jurisdiction to authorise the disposition of objects forming part of the collections of the Museum based on the decision in Re:Snowden is made out there are good reasons to think that the moral obligation needed to justify its exercise will be established too. But that will be a matter for the Attorney-General on which he has reserved his position. Re: Snowden [1970] Ch.700 17. Before considering the submissions of counsel it is convenient to describe the circumstances and decision in Re Snowden in more detail. There were two summonses before Cross J, one relating to the will of Norman Snowden, the other concerning the will of Florence Henderson. In the case of the will of Norman Snowden, due to sales made in his lifetime, bequests of his shareholdings in specific

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