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Legal Cases
Relationship not cataloguing cost Christie’s case: Judge raps client services department over duty of care in urns purchase
26 May 2004LAST week’s High Court judgement on the dispute over the gilded urns sold by Christie’s to Taylor Lynne Thomson should not prompt any dramatic changes to traditional cataloguing practice.
Court’s compassion in cancer case
26 May 2004APPEAL Court judges have lifted the punishment given to a London dealer convicted of handling £1.5m worth of stolen silver after hearing how he had committed the crimes in order to pay for his wife’s cancer treatment.
No date set for compensation payments
19 May 2004FURTHER delays look likely before those promised redress following the Sotheby’s and Christie’s price fixing settlement receive compensation.
Judge set to rule on auction sale terms by May: Gilded urns case could alter every catalogue’s conditions
15 April 2004A HIGH Court judge has retired to consider his ruling in a case that could revolutionise the terms under which auctioneers do business.
Paris auction boss guilty of fraud
06 April 2004PARIS auctioneer Jean-Claude Binoche has been given an eight-month suspended jail sentence, and fined €100,000, after a Paris court found him guilty of fraud.
High Court dispute over urns expected to last three weeks
16 March 2004INITIAL arguments in the £1.75m High Court dispute between Christie’s and Taylor Lynne Thomson over a pair of porphyry urns indicate that both parties intend to fight their corner vigorously.
Binoche is charged over ‘illegal’ 1995 sales
02 February 2004Paris auctioneer Jean-Claude Binoche has been charged with fraud in connection with the sale of three pictures in 1995. Binoche, 61, is accused of buying two works himself at an auction he staged on 18 October 1995, which is illegal under French law, and of selling another work after the sale (a Prud’hon drawing, to the Beaux-Arts museum in Dijon). After-sales were illegal in France at the time, although they have been permitted since 2001.
Briefing on new Act
09 December 2003ARTS Minister Estelle Morris will hold a seminar for the trade on the new UK measures to restrict the illicit trade in cultural objects. Slated for January 15 in the BP Lecture Theatre, at the Clore Education Centre of the British Museum, the session will see Miss Morris give a presentation on the UK implementation of the 1970 UNESCO Convention, the Dealing in Cultural Objects (Offences) Act 2003 and the new Money Laundering Regulations.
Legal challenge on the question of attribution: Auction conditions of sale to be tested in High Court
02 December 2003AUCTIONEERS may be forced to change the way they catalogue objects if a High Court ruling goes against them next year.
Class action specialists return
03 November 2003THE Chicago Clearing Corporation, the US traders in class action certificates, are to visit London again to buy and sell the vouchers issued following the Christie’s/Sotheby’s collusion case settlement.
Class action trading company to visit UK
08 September 2003Representatives of a US company trading in class action certificates are coming to London to meet UK recipients of vouchers relating to the Sotheby’s/Christie’s price-fixing settlement in the USA.
Apology issued over compensation error
01 September 2003THE company appointed to administer the Sotheby’s/Christie’s price fixing settlement in Europe have apologised for the error on the compensation claim forms which has delayed the process. The Garden City Group, who sent out the forms last month, transcribed the compensation amounts in dollars rather than pounds sterling. The amounts were listed in the section of the form titled Pre-Printed Transactions Supplied by Christie’s and Sotheby’s.
Currency error delays collusion compensation
26 August 2003A BASIC clerical error seems certain to delay compensation payments linked to the Sotheby’s/Christie’s price fixing settlement, it has emerged. At least in some cases, the figures quoted in forms sent out notifying claimants of their entitlements have been transcribed in dollars rather than in sterling.
eBay to adapt technology design after losing $29m in patent case
18 August 2003A federal judge has ordered dotcom giant eBay Inc. to pay $29m (£18.3m) to a Virginia inventor who accused the company of stealing his ideas for holding and searching online auctions. Ruling in Virginia on August 6, US District Court Judge Jerome Friedman said there was “no dispute” that the online auction site eBay had infringed patents which covered ways for people to make online bids backed by credit cards and purchase items over the Internet for a fixed price.
Museum sues as $23,000 vase makes $1.55m
28 July 2003A Massachusetts auction house is being sued for breach of contract and malpractice after a Chinese vase it sold for $23,000 returned to auction six months later at Christie’s Hong Kong where it brought $1.55m.
Silver dealer pleads guilty in tax evasion case
21 July 2003S.J. Shrubsole, the well-known silver dealership of New York, have pleaded guilty to failing to collect around $75,000 in city and state sales taxes on over $900,000 worth of goods. The gallery also pleaded guilty to falsifying tax returns filed with the New York State Department of Taxation and Finance. They have now paid $150,000 in fines relating to the plea.
LAPADA issues guidelines over US settlement cheques
09 June 2003LAPADA has issued some valuable guidelines to the recipients of cheques relating to the Sotheby’s and Christie’s price-fixing settlement in the USA. As the cheques began to arrive by post last week many were surprised to see that the US Federal Government had deducted a withholding tax from the awards.
Appeal Court ruling protects auctioneer in good faith claim
02 June 2003A man who had a 17th century Dutch panel painting stolen from his home more than 20 years ago has failed in an Appeal Court to win compensation from Christie’s, who offered the picture for sale in 1997. Key to the test case was Christie’s ability to show they had acted in good faith, adding further legal weight to the importance of due diligence.
Antiquities Bill wins Government backing
06 May 2003Potential impact on legal trade still not clear: Culture Secretary Tessa Jowell has set out a five-point plan for the future protection of cultural objects in the light of the looting in Iraq. Central to the plan is the adoption of MP Richard Allan’s Private Member’s Bill, which failed to proceed in parliament earlier this year.
Claim form queries
29 April 2003A NUMBER of dealers and collectors have contacted the Antiques Trade Gazette about notifications they have received concerning the settlement of claims relating to the Sotheby’s and Christie’s collusion case.
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