6.
Before the claim was put before the Spoliation Advisory Panel the Trustees sought the
advice of counsel and in implementation of that advice wrote to the Attorney-General
on 29th August 2003. The Trustees expressed the view that:
“..if the Attorney-General were to take a positive view of his
powers to sanction Snowden-type action in relation to objects
now comprised in a national collection and subject to an
acknowledged holocaust restitution claim, he would offer a
straightforward solution to the debate in the present case, in
respect of which equity requires a swift solution.”
7.
The Attorney-General was concerned whether as a matter of statutory construction the
express prohibition contained in s.3(4) British Museum Act 1963 (as amended) on the
disposal of objects comprised in the collections of the British Museum prevents the
objects to which that prohibition applies from being disposed of under the
Re:Snowden principle. To resolve that question he issued the Part 8 claim now before
me. It seeks the determination of the Court as to:
1. Whether, as a matter of law, where the Defendants consider
that they are under a moral obligation to return an object which
forms part of the collections of the British Museum to a
previous owner of the object or his heirs by reason of the
circumstances leading up to their acquisition of the object, it
would be possible for the principle known as the principle in
Re: Snowden [1970] Ch. 700 to be applied so as to permit
such a return:
(a) whether or not the object is one to which s.5(1) or
5(2) British Museum Act 1963 applies?
(b) where the object is one to which s.5(1) or 5(2)
British Museum Act 1963 applies?
(c) at all?
2. Whether, in circumstances where:
(a) The Defendants are sued for the return of an object
comprised in its collections by the object’s former
owner or his successors; and
(b) But for the provisions of the British Museum Act
1963 the principle in Re: Snowden might have been
applied so as to permit such return of the object, the
Defendants might properly on the ground (and only on
the ground) that they regarded themselves as under a
moral obligation to return the object to the person or
persons suing them for its return, omit to plead or to
rely upon a defence based upon the provisions of the
Limitation Act 1980 or some earlier Limitation Act
which would or might be available to them and, if so,
whether they could do so (i) with or (ii) without the
approval of H.M. Attorney General.
Specifically