A Lawyer Writes


A lawyer writes: Know the law or run risk of trouble in store

12 August 2019

Why having terms and conditions on uncollected goods is a wise move.

A lawyer writes: The concept of ‘relative title’

08 July 2019

Case from way back in 1722 underlines this sometimes baffling aspect of English law.

A lawyer writes: Philatelist’s fight highlights the issue of authorative bodies and their judgments

20 May 2019

In 2006 a well-known philatelist submitted three important penny red stamps on cover to the Royal Philatelic Society (‘RPSL’) for an opinion on authenticity. The response came that they had been ‘faked’. The process was repeated in 2014 and the same reply received.

A lawyer writes: Duty calls for traders on money laundering

29 April 2019

Stupidity is no defence if suspicious transactions are a serious possibility.

Contract

A lawyer writes: Get an agreement right or face a sleepless night

25 February 2019

Initial drafting on a deal is vitally important if later disputes take place.

A lawyer writes: The deals without full disclosure of final price

21 January 2019

Sellers should be wary about Private Treaty Sales where the exact result is hidden

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A lawyer writes: Banksy stunt - when a work is better shred than dead

22 October 2018

Banksy's images have thrown up all kinds of legal puzzles over the years.

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A lawyer writes: Art market intermediaries and the issue of definition

15 October 2018

The case of Russian billionaire businessman Dmitry Rybolovlev versus dealer Yves Bouvier highlights a widespread problem in the art world: the definition of the role of agent.

A lawyer writes: The rights and wrongs of ideas and expression

27 August 2018

Copyright can be a minefield for original works when others claim it was based on their initial creations

A lawyer writes: The frustrations of chasing faceless identity fraudsters

16 July 2018

Taking action against con artists is difficult but a new data protection law can help...

A lawyer writes: When can an auctioneer be held liable legally?

07 May 2018

I was consulted by an art dealer who bought a painting at auction which turned out to belong to someone other than the vendor. The painting went back to the true owner, the consignor to the auction was not worth suing, but did we have a case against the auctioneer?

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A lawyer writes: Why the art trade’s oral agreements still stand

05 March 2018

The recent court case concerning Simon De Pury’s claim against Swiss trustees for a commission of $10m on the sale of a $210m Gauguin (ATG No 2326) has raised a few eyebrows.

A lawyer writes: In Germany, a winning bid may not be a winner

29 January 2018

I was enjoying the annual SLAD Christmas drinks in December, when a dealer started to recount an extraordinary experience he had with a German auction house.

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A lawyer writes: The fine balance in export licensing

30 October 2017

The UK rules around judging export licence applications for art works need to be more straightforward...

Stargazer case looks at fundamental art issues

18 September 2017

Christie’s sale of an ancient marble idol has created an art world battleground between Turkey and the saleroom, testing ownership laws...

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A LAWYER WRITES: When does sold really mean sold?

21 August 2017

A lawsuit filed against Christie’s highlights the legal questions over when the legal title of a work transfers, writes Milton Silverman.

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What you need to know about the ‘moral rights’ of an artist in law

19 June 2017

An artist has moral rights in his or her work that cannot be ignored, as a recent case in France proved...

Best make it a flamboyant bid

08 May 2017

When the hammer comes down on your bid, that means the lot is yours. Most of the time this is true, but not always. The auction process and the auctioneer are always fallible.

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A lawyer writes: auctioneers need to mind the wording of their artist attributions or run risk of selling fakes

10 April 2017

Three articles recently published in ATG focused on the sale of a painting and in each case the key issue was authenticity. Here, lawyer Milton Silverman provides advice, including legal precedent, on how auctioneers can avoid disputes relating to authenticity as a result of misattribution.

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