I completed the Diploma in Art Law Course at the Institute of Art & Law in London on 13 December (ial.uk.com). This has been a fascinating three years, and I would like to thank my Tutor Alexander Herman, Director of the Institute of Art & Law and author of, ‘Restitution’ and ‘The Parthenon Marbles Dispute’ (Hart)(2023), and all the teaching staff at IAL’s for their excellent teaching an guidance throughout the journey. I have been commissioned by Trusts & Trustees (Oxford University Press), to contribute an in-depth article during the final quarter of 2024 entitled, ‘Deaccessioning & Repatriation – Duties & Powers of Museum Trustees.’  In the article I will discuss section 331A of the Charities Act 2022 – ‘Limited power for charity trustees to make ex-gratia payments. I will also develop the idea of a ‘trust’/’fiduciary’ custodial solution for restitution requiring a collaborative relationship between national museum trustees in the UK, and national museum trustees in the ‘source‘ i.e. claimant’s country. See the ‘Cultural Property Claims, Museum Deaccessioning & Restitution of Art’ page at www.carlislam.co.uk. In January 2025, i.e. after I have completed writing the 2nd edition of the ‘Contentious Probate Handbook’ for the Law Society in 2024, I am planning to research and write a new book entitled, ‘Islamic Art & Cultural Heritage from Andalucia to Afghanistan – A journey into the past about the present.’ One of the themes of the book, is what we can learn from surviving art and cultural heritage about peaceful co-existence and prosperity, through collaborative engagement in international trade and a constructive exchange of ideas. The roadmap for the book is therefore the ancient trade-routes between East and West in the Golden Age of Islam, which stretched from Granada, Cordoba and Seville, all around the Mediterranean, throughout what is now MENA, and along the Silk Road, passing by the Minaret of Djam in Afghanistan, and beyond into India and China. Meanwhile, may I take this opportunity to wish all readers of my posts this year a very Happy and Peaceful 2024. May your wishes all come true!

My article ‘Downton revisited – Mediating estate disputes involving art and heritage assets’ has been published in Taxation (Tolley) online and will be published in print for worldwide distribution tomorrow. I will put up a link on the ‘Publications’ page of my website when I receive this from the editor. See https://lnkd.in/eeP3-vCY.
My article ‘Commercial Mediation of Music Disputes’ was published in the Law Society Gazette – Google ‘Music Dispute Mediator’ to find (NB today the article appears near the top of page 1 worldwide), or here
is a link: https://lnkd.in/e2BDGGfZ
The article will also feature in a forthcoming Newsletter of the Society of Mediators in London (of which I a member), and be distributed to thousands of members worldwide. There is also a link on the ‘Publications’ page and ‘Commercial Mediation of Music Disputes’ page at www.carlislam.co.uk. Both articles, like all of my publications this year (which you will find on the ‘Publications’ page of my website), are written for legal and mediation practitioners. They are not academic. They are practical. ‘Downton revisited’ also includes the outline of two post-death estate re-structuring strategies which I pioneered whilst writing the article. As far as I am aware, these specific tax-efficient strategies, have not been discussed in any previous literature published by Tolley. They appear at the end of the article in a Table headed ‘General questions for mediators’, where these mediator tools are outlined under the sub-headings:
– ‘Private treaty sale’; and
– ‘Engineering restitution.’
To find the article click in the ‘Taxation’ image below, which contains a link to the home page of Taxation, which is the UK’s leading source of information for tax and tax law practitioners in the UK.
In my free time, I am currently researching and writing the 2nd edition of the ‘Contentious Probate Handbook’ for publication by the Law Society in 2024. The draft book is currently on schedule for publication and contains a brand new chapter about Mediation, Mediation Advocacy, and Mediating Estate Disputes, including digital mediation by Zoom/TEAMS. Over the next 6 weeks I am writing up a Practice Note to appear as an Appendix in the Book about ‘Advocacy in Contentious Probate Hearings and Trials’. I have also been commissioned by Trusts & Trustees (Oxford University Press), to contribute an in-depth article after I have completed the book entitled, ‘Deaccessioning & Repatriation – Duties & Powers of Museum Trustees.’ This follows on from the Diploma in Art Law Course that I have been undertaking at the Institute of Art & Law in London since 2021, and am now in the final stage of completing. Meanwhile, let me take this opportunity to wish all readers of my posts a Joyful Christmas and a Happy and Peaceful New Year! As a CMC Registered Mediator I cannot stress the word ‘Peaceful’ enough, so let’s hope that is how it turns out for you and your clients.
Merry Christmas!
Carl