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