MEET THE SPECIALISTS
At Lyon & Turnbull we want to make buying at auction as easy and enjoyable as possible. Our specialist team are on hand to assist you, whether you are looking for something in particular for your home or collection, require more detailed information about the history or condition of a lot, or just want to find out more about the auction process.
Nick Curnow Head of Sale nick.curnow@lyonandturnbull.com
Ameilia Hacking Sale Co-ordinator amelia.hacking@lyonandturnbull.com
Philip Smith Senior Specialist philip.smith@lyonandturnbull.com
Charlotte Cockburn Sale Co-ordinator charlotte.cockburn@lyonandturnbull.com
Painted in 1888, Cressida was commissioned by The Graphic as part of the celebrated series Shakespeare’s Heroines, published to mark Queen Victoria’s Golden Jubilee. Bringing together twenty-one of Shakespeare’s most memorable female characters, the project enlisted many of the leading artists of the day, including Frederic Leighton, Frank Dicksee and John William Waterhouse. The commission was particularly suited to Sir Edward Poynter, whose reputation rested upon his ability to combine literary scholarship with refined draughtsmanship and psychological insight.
”How now! what’s the matter? who was here?”
-Troilus and Cressida, Act IV, Scene II
Poynter depicts Cressida, daughter of the Trojan priest Calchas, anxiously looking from a window in anticipation of her lover Troilus. Drawn from Shakespeare’s Troilus and Cressida, one of the playwright’s most complex and morally ambiguous dramas, the heroine is portrayed at a moment of uncertainty and emotional tension. Rather than illustrating a climactic event, Poynter focuses on an intimate psychological moment, capturing the apprehension and vulnerability that lie at the heart of Shakespeare’s characterisation.
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SIR EDWARD JOHN POYNTER BT., P.R.A., R.W.S. (BRITISH 1836-1919)
CRESSIDA
Oil on canvas
71cm x 56cm (28in x 22in)
Provenance: Commissioned in 1887 by William Luson Thomas, founder of the Graphic for inclusion in ‘The Graphic Gallery of Shakespeare’s Heroines’, his sale Christie’s, London, 9 March 1889; Christie’s, New York, 1 March 1990; Sotheby’s, London, 15 December 2016
Exhibited: London, The Graphic Gallery, Bond Street, February 1889
Literature: The Graphic, Christmas Supplement, 1890, illustrated in colours
£30,000-50,000
The work exemplifies the Victorian fascination with Shakespeare as a source of artistic inspiration and demonstrates Poynter’s gift for translating literary narrative into compelling visual form. The carefully observed costume and richly detailed setting evoke the legendary world of ancient Troy, while the heroine’s expressive pose lends the picture a distinctly human immediacy. As with many of Poynter’s finest literary subjects, historical atmosphere is balanced by an acute sensitivity to character and mood.
“How now! what’s the matter? who was here?”
William Shakespeare, Troilus & Cressida, Act IV, Scene II
John William Godward’s Leaning Against a Column belongs to the final flowering of Victorian classicism, a world poised delicately between devotion to beauty and the encroaching rise of modernity. Few painters embodied this late NeoClassical vision more completely than Godward. As art historian Vern Swanson observed, he rivalled Alma-Tadema in his rendering of marble and flowers, while achieving a mastery of drapery comparable to Frederic Leighton. In this painting, those qualities converge to create an atmosphere of stillness, sensuality, and idealised escape.
Set upon a marble terrace overlooking the sea, the composition presents a solitary young woman suspended in a moment of languid reverie. Reclining against a column atop a lion skin, she gazes outward with calm intimacy, as though acknowledging the unseen presence of the viewer. Behind her, oleander blossoms frame an expanse of azure water and distant sky. The scene feels untouched by time or hardship: a dream of eternal summer where beauty, warmth, and silence prevail.
What distinguishes Godward’s work is not merely its technical precision, but the emotional world that he constructs. Marble surfaces gleam with cool perfection beside warm flesh tones and delicate fabrics; feathers, flowers, and stone are rendered with astonishing sensitivity to texture. Yet these details never overwhelm the composition. Instead, they work in harmony to sustain an atmosphere of luxurious tranquillity. Godward transforms material accuracy into sensory experience, inviting the viewer into a world governed entirely by aesthetic pleasure. Godward returned obsessively to the imagined world of ancient Greece and Rome throughout his career. His studios in London were filled with marble fragments, antique textiles, classical sculptures, and carefully collected objects that allowed him to recreate the illusion of antiquity
JOHN WILLIAM GODWARD R.B.A. (BRITISH 1861-1922)
LEANING AGAINST A COLUMN
Signed and dated 1901, oil on canvas 60cm x 72cm (23.5in x 28.5in)
Provenance: Sold by the artist to Thomas McLean, London, 26 September 1901; Private collection, Los Cabos, Mexico; Sotheby’s, London, 15 December 2016 £100,000-150,000
with remarkable conviction. He selected models whose features he considered suitably “classical.” Around 1900, one particular model emerged repeatedly in his paintings, becoming something of a muse. Her striking dark hair and luminous complexion appear in works such as Midday, Idleness, and Dolce far Niente. In Leaning Against a Column, clothed in vivid crimson against pale marble, she embodies the ideal Godward pursued for decades: serene, sensual, and timeless.
Yet beneath the calm perfection of these paintings lay a more troubled reality. Godward’s devotion to classical painting increasingly isolated him from the rapidly changing artistic world around him. As modernism gained prominence, the meticulous realism and idealised beauty he cherished came to be dismissed as outdated. His personal life was equally strained. His family reportedly disapproved of his artistic ambitions and later severed ties with him after he moved to Italy with one of his models. Following his death by suicide in 1922, much of his personal archive was destroyed, leaving only fragments of his life behind.
There is a poignant irony in this contrast between artist and artwork. Godward’s paintings reveal little of the sadness or alienation that shadowed his later years. Instead, they remain steadfastly committed to harmony, refinement, and beauty. In an era increasingly fascinated by fragmentation and experimentation, he continued to paint worlds of calm sunlight, polished marble, and contemplative figures. His art became an act of resistance against modern disillusionment.
Today, the appeal of Godward’s work has returned with renewed force. What once seemed old-fashioned now appears almost radical in its unapologetic pursuit of beauty. Leaning Against a Column endures not because it reflects reality, but because it offers an escape from it, a carefully composed vision of stillness and grace. Fashion may shift and artistic movements may rise and fall, but the quiet power of craftsmanship, balance, and atmosphere remains. In Godward’s world, beauty is not fleeting; it is eternal.
SIR EDWARD JOHN POYNTER BT., P.R.A., R.W.S. (BRITISH 1836-1919)
ZENOBIA CAPTIVE
Signed with monogram and dated ‘EJP/M/D/C/C/C/L/ X/X/V/I/I/I [1878]’, oil on canvas 72cm x 54.5cm (28.5in x 21.5in)
Provenance: Christie’s, London, 20 November 1970; Sotheby’s, London, 8 June 1993; Christie’s, London, 16 December 2015 £100,000-150,000
One of the leading figures of late Victorian art, Sir Edward John Poynter occupied a unique position at the centre of Britain’s artistic establishment. Trained in Paris under Charles Gleyre alongside artists such as James McNeill Whistler and George du Maurier, Poynter became one of the foremost exponents of the classical and historical tradition in British painting. His distinguished career encompassed not only artistic success but also significant institutional influence: he served as Principal of the National Art Training School at South Kensington, Director of the National Gallery (1894–1904), and President of the Royal Academy (1896–1918). Elevated to a baronetcy in 1902, he was widely regarded as the intellectual heir to Frederic Leighton and a principal architect of the Victorian classical revival.
Zenobia Captive belongs to a celebrated group of historical and Orientalist subjects that established Poynter’s reputation during the latter half of the nineteenth century. Following the success of Israel in Egypt (1867, Guildhall Art Gallery, London), Poynter developed a distinctive approach to antiquity, combining meticulous draughtsmanship, archaeological awareness, and a richly decorative sense of colour and costume. While later monumental canvases such as The Queen of Sheba’s Visit to King Solomon (1890, Art Gallery of New South Wales) demonstrate the full scale of his historical imagination, works such as the present picture reveal the artist’s ability to distil the grandeur of the ancient world into a more intimate and psychologically engaging composition.
The subject is Zenobia, the celebrated third-century Queen of Palmyra, whose empire briefly extended across much of the eastern Roman world, from Egypt to Anatolia. After challenging Roman supremacy by proclaiming her son emperor and herself empress, she was defeated by the Emperor Aurelian and taken captive to Rome. According to ancient accounts, Zenobia was paraded through the city during Aurelian’s triumph, adorned with jewels yet bound in chains. Renowned not only for her beauty but also for her intelligence, courage and political acumen, she became a powerful symbol of noble resistance and tragic dignity, themes that resonated strongly with Victorian audiences.
Rather than pursuing strict archaeological reconstruction, Poynter sought to evoke the splendour and romance of the ancient East. Elements of Zenobia’s costume were likely derived from the artist’s collection of studio props, including textiles of Indian origin possibly obtained through his brother-in-law, John Lockwood Kipling, principal of the Mayo School of Arts in Lahore. The elaborate headdress and jewellery similarly reflect the eclectic historicism characteristic of Victorian classical painting, recalling contemporary theatrical productions and the carefully researched accessories employed by artists such as Lawrence Alma-Tadema. Such details demonstrate Poynter’s fascination
with the decorative arts and his commitment to creating historically evocative, if not strictly authentic, visions of antiquity.
The painting was enthusiastically received when exhibited. The Athenaeum praised its sumptuous qualities and expressed the hope that Poynter would continue to produce works of a similar character, while The Art Journal described it as “very grand and very beautiful”, singling out the artist’s exquisite handling of detail. The present work exemplifies the qualities for which Poynter was most admired: technical refinement, intellectual ambition, and a compelling fusion of classical scholarship with Victorian imagination.
"The whiles some one did chaunt this lovely lay; Ah see, whoso fayre thing doest faine to see."
Edmund Spenser
The Faerie Queene, 1590
Painted in 1891, shortly after Herbert James Draper’s return from an extended tour of Northern Italy, Germany, Holland and Belgium, The Spirit of the Fountain is an important early work by one of the last great exponents of British classical painting. Trained at the Royal Academy Schools and in Paris under Jules-Joseph Lefebvre and Gustave Boulanger, Draper established a reputation for richly imaginative mythological subjects that combined academic draughtsmanship with a distinctly Victorian sensibility. By the turn of the century he had become one of Britain’s most successful painters of classical and literary themes, achieving international acclaim with works such as The Lament for Icarus (1898, Tate).
The subject of the present work is drawn from Edmund Spenser’s The Faerie Queene, in which a fountain nymph residing within the Bower of Bliss ensnares travellers through her beauty and enchantment. Executed with a fluid, atmospheric handling, the painting already displays many of the qualities that would define Draper’s mature style. The auburn-haired nymph, crowned with ivy and surrounded by symbols of love and Bacchic revelry, embodies the alluring and dangerous femininity that became a recurring motif
throughout his oeuvre. Comparable in mood and subject to the mythological fantasies of his contemporary John William Waterhouse, the work reveals Draper’s gift for uniting literary inspiration, sensual beauty and decorative richness.
The painting was acquired by John Hall, one of Draper’s most loyal patrons, who would later own several of the artist’s major works, including Lamia (1909) and Halcyone (1915), and commission portraits of himself and his wife from the artist.
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HERBERT JAMES DRAPER (BRITISH 1863-1920)
THE SPIRIT OF THE FOUNTAIN
Indistinctly signed and dated ‘91, oil on canvas 58.4cm x 106.7cm (23in x 42 in)
Provenance: Bought from the artist by John Hall, Charnes Hall and Broughton Court; John Hall; Christie’s, London, 30 November 1934; The Fine Art Society, London, February 1968; Christie’s, London, 14 December 2016 £40,000-60,000
Painted in 1897, Phyllis holds a distinguished place within Sir Edward Poynter’s oeuvre as the first major work exhibited following his election as President of the Royal Academy. The appointment marked the culmination of a remarkable career that had seen Poynter emerge as one of the foremost exponents of classical painting in Victorian Britain. Trained in Paris under Charles Gleyre and celebrated for his intellectually ambitious historical compositions, Poynter succeeded Lord Leighton as President after the deaths of both Leighton and Sir John Everett Millais in rapid succession. As President, Director of the National Gallery, and later a baronet, he became the pre-eminent artistic figure of the Edwardian era.
The painting illustrates a passage from Horace’s Odes (Book IV, Ode XI), in which the poet invites the beautiful Phyllis to join him in celebrating the birthday of his patron Maecenas.
The inscription from the poem, translated loosely as “There is abundant ivy, with which, bound in your hair, you shine resplendent,” refers to the wreath that adorns the young woman’s head. Poynter depicts Phyllis in a secluded pastoral setting, crowning herself with ivy while contemplating her reflection in a hand mirror. The motif allowed the artist to unite classical scholarship with an elegant study of feminine beauty, a combination that had become one of his hallmarks.
SIR EDWARD JOHN POYNTER BT., P.R.A., R.W.S. (BRITISH 1836-1919)
PHYLLIS ‘EST HEDERAE VIS MULTA, QUA CRINES RELIGATA FULGES’
Oil on canvas
62.2cm x 47cm (24.5in x 18.5in)
Provenance: with Agnew’s, London; The 9th Duke of Marlborough; Christie’s, London, 14 May 1904; Sotheby’s, New Delhi, 8 October 1992; Christie’s, London, 16 December 2015
£40,000-60,000
Throughout his career Poynter returned repeatedly to subjects drawn from classical literature, presenting them with a distinctive blend of archaeological suggestion, refined draughtsmanship and decorative richness. In works such as Diadumene (1884), The Visit to Aesculapius (1880), and Helen (1881), he explored themes of ideal beauty through solitary female figures placed within carefully conceived classical settings. Phyllis belongs to this celebrated sequence and exemplifies the artist’s mature style, in which narrative gives way to mood and poetic evocation.
The painting was warmly received when exhibited at the Royal Academy. The Art Journal devoted particular attention to the work, praising Poynter’s “refined and academic powers of expression” and observing that the composition faithfully captured the spirit of Horace’s verse. The critic noted the contrast between the cool shade of the overhanging tree and the luminous flesh tones of the figure, while the distant blue landscape contributed an atmosphere of idyllic tranquillity. Such qualities reveal the artist at the height of his powers, combining classical learning with a sensuous appreciation of colour, light and form.
As one of the earliest works exhibited under Poynter’s presidency, Phyllis may be regarded as a statement of the values he championed throughout his career: technical accomplishment, literary cultivation, and an enduring belief in the relevance of classical art to the modern age.
“There is ivy in abundance, too, to grace your shining hair.”
Horace Odes, Book IV, Ode 11
“O I have suffered With those that I saw suffer! A brave vessel, Who had no doubt some noble creature in her, Dashed all to pieces. O the cry did knock Against my very heart! Poor souls they perished”
Miranda’s Soliloquy
William Shakespeare,The Tempest, Act I Scene II
John William Waterhouse’s Miranda (1875) occupies a significant position within the artist’s early oeuvre, representing both his first known depiction of a Shakespearean heroine and only his second exhibit at the Royal Academy. Long believed lost for nearly 130 years before its rediscovery in a Scottish private collection in 2004, the painting has since been recognised by scholars including Anthony Hobson and Peter Trippi as an important precursor to the themes and pictorial strategies that would later define Waterhouse’s mature work.
Inspired by William Shakespeare’s The Tempest, the painting depicts Miranda seated alone upon a rocky shoreline, gazing toward a distant ship that is soon to be engulfed by the magical storm conjured by her father, Prospero. Rather than illustrating the climactic wreck itself, Waterhouse chose a quieter and more contemplative moment of anticipation, thereby transforming a dramatic literary subject into an introspective meditation on solitude, femininity, and emotional restraint.
The composition departs notably from the more theatrical interpretations of The Tempest popular among Victorian artists. Contemporary depictions often portrayed Miranda in states of overt anguish or alarm as she witnessed the destruction of Ferdinand’s ship. Waterhouse instead presents a restrained and psychologically subtle heroine. As James A. Blaikie observed in his 1886 discussion of the artist, the painting is “in no sense a dramatic illustration of Shakespeare, but rather… a purely academic study of the figure.” Blaikie further praised the “satisfying potency of colour and a finely graduated brilliance of illumination” that lend the figure both force and delicacy. This emphasis upon atmosphere rather than narrative spectacle reveals Waterhouse’s growing interest in emotional ambiguity and poetic interpretation rather than literal storytelling.
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JOHN WILLIAM WATERHOUSE R.A., R.I. (BRITISH 1849-1917)
MIRANDA
Signed, oil on canvas 76cm x 101.5cm (30in x 40in)
Provenance: Private Collection, Scotland; Bonhams, 4 November 2006; Sotheby’s, London 17 December 2015
Exhibited: Royal Academy, 1875, no.76; Groninger Museum; Royal Academy, London; Montreal Museum of Fine Arts, J.W. Waterhouse - The Modern Pre-Raphaelite, 2008-2010, no.3
Literature: J.A. Blaikie, ‘J.W. Waterhouse, A.R.A.’, In Magazine of Art, 1886, p.3; Anthony Hobson, The Art and Life of J W Waterhouse RA, 1980, illustrated p.29, pl.18 (transposed), cat.no.16; Anthony Hobson, J.W. Waterhouse, 1989, p.20; Peter Trippi, J.W. Waterhouse, 2002, pp.32-33
£100,000-150,000
“In a foreground of sea-shore Miranda, lightly draped, is seated on a rock, watching with clasped hands and partly averted face the brave ship tossing in the offing; the blue sea breaks unheeded on the sand, her eyes being wholly absorbed by the vessel, which is yet to suffer through the magic of Prospero.” J.A. Blaikie, ’J.W.Waterhouse, A.R.A.’, In Magazine of Art, 1886
The painting also demonstrates the strong influence of Neo-Classicism upon Waterhouse’s early style. Miranda is dressed not in seventeenth-century costume appropriate to Shakespeare’s heroine, but rather in Grecian drapery resembling a classical chiton or toga. This stylistic decision aligns with the pervading fashion for Neo-Classicism amongst London artists at the time.
At the same time, the work introduces themes that would remain central throughout Waterhouse’s artistic production. Water, femininity, melancholy, and magic converge in Miranda in ways that anticipate later masterpieces such as The Lady of Shalott and his celebrated depictions of Ophelia. The sea functions not merely as a backdrop but as a psychological and symbolic presence. Miranda’s fixed gaze toward the distant vessel suggests both longing and apprehension, while the calm surface of the waves contrasts with the latent violence of Prospero’s approaching storm. This tension between serenity and impending catastrophe imbues the composition with emotional complexity.
The rediscovery of Miranda has therefore altered scholarly understanding of Waterhouse’s artistic development. Prior to its reappearance, the painting was known only through a reversed black-and-white reproduction published in Anthony Hobson’s 1980 monograph. Seeing the work in colour revealed the sophistication of Waterhouse’s early handling of luminous sea tones, atmospheric light, and subtle modelling of form. The painting demonstrates that by the age of twenty-six Waterhouse had already begun to cultivate the poetic sensibility and technical refinement associated with his later Pre-Raphaelite masterpieces. Furthermore, the possibility that the model was the artist’s sister Jessie,
who also appeared in Whispered Words exhibited the same year, adds a personal dimension to the work’s introspective character.
Waterhouse would revisit the subject of Miranda in 1916 and 1917, producing dramatically different interpretations shaped by the emotional climate of the First World War. Those later paintings depict the storm and shipwreck with heightened drama and anguish, contrasting sharply with the calm restraint of the 1875 canvas. Seen in retrospect, the early Miranda emerges not merely as a youthful experiment but as the foundation of one of Waterhouse’s most enduring imaginative themes.
The subject of Psyche derives from the celebrated tale of Cupid and Psyche recounted by Apuleius in The Golden Ass and later popularised in the nineteenth century through William Morris’s The Earthly Paradise. Poynter depicts the heroine at a moment of emotional crisis: standing at a balcony and drawing back a curtain, Psyche gazes across the garden of Cupid’s palace on the morning after she has betrayed her lover’s trust by illuminating his sleeping form. Having revealed Cupid’s identity, she has lost him, and the melancholy introspection that characterises the composition suggests her dawning awareness of separation and regret.
The watercolour belongs to a distinguished series of idealised classical heroines that occupied Poynter during the late 1870s and 1880s. Beginning with Zenobia Captive in 1878 (lot 3 in this collection), the artist developed a sequence of half-length female figures set within richly appointed marble interiors, including Helen (1881) and Psyche in the Temple of Love (1882, Walker Art Gallery, Liverpool). These works exemplify Poynter’s refined classicism, combining
SIR EDWARD JOHN POYNTER BT., P.R.A., R.W.S. (BRITISH 1836-1919)
PSYCHE
Signed with monogram and dated 1884, watercolour 75cm x 55cm (29.5in x 21.5 in)
Provenance: Peter Nahum, London; Private collection; Sotheby’s, London, 7 December 2009; Sotheby’s, London, 15 December 2016
Exhibited: London, Royal Watercolour Society, 1884, no.170
£50,000-80,000
archaeological precision with a poetic sensibility that was widely admired by his contemporaries. As Cosmo Monkhouse observed in his essay on the artist in The Art Journal Easter Annual 1897, Poynter’s small-scale works “charm by their daintiness and refinement, and often also by the delicate opalescence of their colour. Nothing that is not beautiful is allowed to enter into their composition.”
Painted in 1884 and exhibited at the Royal Watercolour Society the same year, Psyche demonstrates Poynter’s mastery of the medium at the height of his career. The subject also held particular resonance within his artistic circle: his brother-in-law Sir Edward Burne-Jones had illustrated Morris’s retelling of the myth and collaborated on decorative schemes inspired by the romance during the 1870s. The present work therefore stands at the intersection of Victorian classicism and the broader revival of interest in the Cupid and Psyche story that captivated artists, writers and designers of the period.
"She was so fair, that strangers from the sea Just landed, in the temples thought that she Was Venus visible to mortal eyes"
The Story of Cupid & Psyche. 1868
William Morris from 'The Earthly Paradise A Poem'
WILFRID DE GLEHN R.A. (BRITISH 1870-1951) KNEELING NUDE IN A LANDSCAPE
signed, oil on canvas
61cm x 45.7cm (24in x 18in)
Provenance: Purchased directly from the artist’s estate; Messum’s, London, British Impressions, 2006, no. 26.; Christie’s, London, 14 December 2016
£10,000-15,000
9 MONTAGUE DAWSON R.S.M.A., F.R.S.A. (BRITISH 1890-1973) THE CLIPPER ‘LIGHTNING’ BUILT BY DONALD MCKAY
Signed, oil on canvas 51cm x 76cm (20in x 30in)
Provenance: Sotheby’s, London, 17 December 2015
£12,000-18,000
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(ii) Corporate clients: Your Certificate of Incorporation or equivalent document (s) showing Your name and registered address together with documentary proof of directors and beneficial owners, and;
(iii) Trusts, partnerships, offshore companies and other business structures please contact us directly in advance to discuss requirements.
(b) We may also ask You to provide a financial reference and/or a deposit to allow You to bid. For help, please contact our Finance Department on +44 (0)131 557 8844.
B2. RETURNING BIDDERS
We may at our discretion ask You for current identification as described in paragraph B.1. (a) above, a finance reference or a deposit as a condition of allowing You to bid. If You have not bought anything from us in the last two years, or if You want to spend more than on previous occasions, please
contact our Finance Department on +44 (0)131 557 8844.
B3. FAILURE TO PROVIDE THE RIGHT DOCUMENTS
If in our opinion You do not satisfy our Bidder identification and registration procedures including, but not limited to, completing any anti-money laundering and/or anti-terrorism financing checks we may require to our satisfaction, we may refuse to register You to bid, and if You make a successful bid, we may cancel the contract between You and the Seller.
B4. BIDDING ON BEHALF OF ANOTHER PERSON
(a) As an authorised Bidder: If You are bidding on behalf of another person, that person will need to complete the registration requirements above before You can bid, and supply a signed letter authorising You to bid for him/ her.
(b) As agent for an undisclosed principal: If You are bidding as an agent for an undisclosed principle (the ultimate Buyer (s)) You accept personal liability to pay the Purchase Price and all other sums due, unless it has been agreed in writing with us before commencement of the auction that the Bidder is acting as an agent on behalf of a named third party acceptable to us and we will seek payment from the named third party.
B5. BIDDING IN PERSON
If You wish to bid in the saleroom You must register for a numbered bidding paddle before You begin bidding. Please ensure You bring photo identification with You to allow us to verify Your registration.
B6. BIDDING SERVICES
The bidding services described below are a free service offered as a convenience to our clients and we are not responsible for any error (human or otherwise), omission or breakdown in providing these services.
(a) Phone bids
Your request for this service must be made no later than 12 hours prior to the auction. We will accept bids by telephone for Lots only if our staff are available to take the bids. If You need to bid in a language other than English You should arrange this Well before the auction. We do not accept liability for failure to do so or for errors and omissions in connections.
(b) Internet Bids
For certain auctions we will accept bids over the internet. For more information please visit our Website. We will use reasonable efforts to carry out online bids and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to execution of online bids/ live bidding.
(c) Written Bids
While prospective Buyers are strongly advised to attend the auction and are always responsible for any decision to bid for a particular Lot and shall be assumed to have carefully inspected
and satisfied themselves as to its condition we shall, if so instructed, clearly and in writing execute bids on their behalf. Neither the Auctioneer nor our employees nor agents shall be responsible for any failure to do so. Where two or more commission bids at the same level are recorded we Reserve the right in our absolute discretion to prefer the first bid so made. Bids must be expressed in the currency of the saleroom. The Auctioneer will take reasonable steps to carry out written bids at the lowest possible price, taking into account the Reserve. If You make a written bid on a Lot which does not have a Reserve and there is no higher bid than Yours, we will bid on Your behalf at around 50% of the lower Estimate or, if lower, the amount of Your bid.
C. DURING THE SALE
C1. ADMISSION TO OUR AUCTIONS
We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person. We may refuse admission at any time before, during or after the auction.
C2. RESERVES
Unless indicated by an insert symbol (∆), all Lots in this Catalogue are offered subject to a Reserve. A Reserve is the confidential Hammer Price established between us and the Seller. The Reserve is generally set at a percentage of the low Estimate and will not exceed the low Estimate for the Lot.
C3. AUCTIONEER’S DISCRETION
The maker of the highest bid accepted by the Auctioneer conducting the sale shall be the Buyer and any dispute shall be settled at the Auctioneer’s absolute discretion. The Auctioneer may move the bidding backwards of forwards in any way he or she may decide or change the order of the Lots.
The Auctioneer may also; refuse any bid, withdraw any Lot, divide any Lot or combine any two or more Lots, reopen or continuing bidding even after the hammer has fallen.
C4. BIDDING
The Auctioneer accepts bids from:
(a) Bidders in the saleroom;
(b) Telephone Bidders, and internet Bidders through Lyon & Turnbull Live or any other online bidding platform we have chosen to list on and;
(c) Written bids (also known as absentee bids or commission bids) left with us by a Bidder before the auction.
C5. BIDDING INCREMENTS
Bidding increments shall be at the Auctioneer’s sole discretion.
C6. CURRENCY CONVERTER
The saleroom video screens and bidding platforms may show bids in some other major currencies as Well as sterling. Any conversion is for guidance only and we cannot be bound be any rate of exchange used. We are not responsible for any error (human or otherwise) omission or breakdown in
providing these services.
C7. SUCCESSFUL BIDS
Unless the Auctioneer decides to use their discretion as set out above, when the Auctioneer’s hammer falls, we have accepted the last bid. This means a contract for sale has been formed between the Seller and the successful Bidder. We will issue an invoice only to the registered Bidder who made the successful bid. While we send out invoices by post/or email after the auction, we do not accept responsibility for telling You whether or not Your bid was successful. If You have bid by written bid, You should contact us by telephone or in person as soon as possible after the auction to get details of the outcome of our bid to avoid having to pay unnecessary storage charges.
C8. RELEVANT LEGISLATION
You agree that when bidding in any of our sales that You will strictly comply with all relevant legislation including local laws and regulations in force at the time of the sale for the relevant saleroom location.
D. THE BUYER’S PREMIUM, TAXES AND ARTIST’S RESALE ROYALTY
D1. THE PURCHASE PRICE
For each Lot purchased a Buyer’s Premium of 27% of the Hammer Price of each Lot up to and including £20,000, plus 26% from £20,001 to £800,000, plus 20% from £800,001 thereafter. VAT at the appropriate rate is charged on the Buyer’s Premium. No VAT is payable on the Hammer Price or premium for printed books or unframed maps bought at auction.
Live online bidding may be subject to an additional premium (level dependent on the live bidding service provider chosen). This additional premium is subject to VAT at the appropriate rate as above.
D2. VALUE ADDED TAX
Value Added Tax is charged at the appropriate rate prevailing by law at the date of sale and is payable by Buyers of relevant Lots.
(a) Lots affixed with (†): Value Added Tax on the Hammer Price is imposed by law on all items affixed with a dagger (†). This imposition of VAT maybe because the Seller is registered for VAT within the European Union and is not operating under a Margin Scheme.
(b) Lots affixed with (*): A reduced rate of Value Added Tax on the Hammer Price of 5% is payable. This indicates that a Lot has been imported from outwit the European Union. This reduced rate is applicable to Antique items.
(c) Lots affixed with [Ω]: Standard rate of Value Added Tax on the Hammer Price and premium is payable. This applies to items that have been imported from outwit the European Union and do not fall within the reduced rate category outlined above.
D3. ARTIST’S RESALE ROYALTY (DROIT DE SUITE)
This symbol § indicates works which may be subject to the Droit de Suite or Artist’s Resale Right, which took effect in the United Kingdom on 14th February 2006. We are required to collect a royalty payment for all qualifying works of art. Under new legislation which came into effect on 1st January 2012 this applies to living artists and artists who have died in the last 70 years. This royalty will be charged to the Buyer on the Hammer Price and in addition to the Buyer’s Premium. It will not apply to works where the Hammer Price is less than £1,000. The charge for works of art sold at and above £1,000 and below £50,000 is 4%. For items selling above £50,000, charges are calculated on a sliding scale. All royalty charges are paid to the Design and Artists Copyright Society (‘DACS’) and no handling costs or additional fees are retained by the Auctioneer. Resale royalties are not subject to VAT. More information on Droit de Suite is available at www.dacs.org.uk.
E. WARRANTIES
E1. SELLER’S WARRANTIES
For each Lot, the Seller gives a warranty that the Seller;
(a) Is the owner of the Lot or a joint owner of the Lot acting with the permission of the other co-owners, or if the Sellers is not the owner of or a joint owner of the Lot, has the permission of the owner to sell the Lot, or the right to do so in law, and;
(b) Had the right to transfer ownership of the Lot to the Buyer without any restrictions or claims by anyone else. If either other above warranties are incorrect, the Seller shall not have to pay more than the Purchase Price (as defined in the glossary) paid by You to us. The Seller will not be responsible to You for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, damages, other damages or expense. The Seller gives no warranty in relation to any Lot other than as set out above and, as far as the Seller is allowed by law, all warranties from the Seller to You, and all obligations upon the Seller which may be added to this agreement by law, are excluded.
E2. AUTHENTICITY GUARANTEE
We guarantee that the authorship, period, or origin (collectively, “Authorship”) of each Lot in this Catalogue is as stated in the BOLD or CAPITALISED type heading in the Catalogue description of the Lot, as amended by oral or written saleroom notes or announcements. We make no warranties whatsoever, whether express or implied, with respect to any material in the Catalogue other than that appearing in the Bold or Capitalised heading and subject to the exclusions below.
In the event we, in our reasonable opinion, deem that the conditions of the authenticity guarantee have been satisfied, it shall refund to the original
purchaser of the Lot the Hammer Price and applicable Buyer’s Premium paid for the Lot by the original purchaser.
This Guarantee does not apply if:
(a) The Catalogue description was in accordance with the opinion (s) of generally accepted scholar (s) and expert (s) at the date of the sale, or the Catalogue description indicated that there was a conflict of such opinions; or (b) the only method of establishing that the Authorship was not as described in the Bold or Capitalised heading at the date of the sale would have been by means or processes not then generally available or accepted; unreasonably expensive or impractical to use; or likely (in our reasonable opinion) to have caused damage to the Lot or likely to have caused loss of value to the Lot; or
(c) There has been no material loss in value of the Lot from its value had it been in accordance with its description in the Bold or Capitalised type heading. This Guarantee is provided for a period of one year from the date of the relevant auction, is solely for the benefit of the original purchaser of the Lot at the auction and may not be transferred to any third party. To be able to claim under this Authenticity Guarantee, the original purchaser of the Lot must:
(a) notify us in writing within one month of receiving any information that causes the original purchaser of record to dispute the accuracy of the Bold or Capitalised type heading, specifying the Lot number, date of the auction at which it was purchased and the reasons for such dispute; and
(b) return the Lot to our registered office in the same condition as at the date of sale to the original purchaser of record and be able to transfer good title to the Lot, free from any third party claims arising after the date of such sale.
We have discretion to waive any of the above requirements. We may require the original purchaser of the Lot to obtain, at the original purchaser of Lot’s cost, the reports of two independent and recognised experts in the field. The reports must be mutually acceptable to us and the original purchaser of the Lot. We shall not be bound by any reports produced by the original purchaser of the Lot, and Reserves the right to seek additional expert advice at its own expense. It is specifically understood and agreed that the rescission of a sale and the refund of the original Purchase Price paid (the successful Hammer Price, plus the Buyer’s Premium) is exclusive and in lieu of any other remedy which might otherwise be available as a matter of law. Lyon & Turnbull and the Seller shall not be liable for any incidental or consequential damages incurred or claimed, including without limitation, loss of profits or interest.
E3. YOUR WARRANTIES
(a) You warrant that the funds used for settlement are not connected with any criminal activities, including tax evasion and You are neither; under investigation, have been charged with or convicted of money laundering, terrorist activities or other crimes.
(b) Where You are bidding on behalf of another person You warrant that:
(i) You have conducted appropriate customer due diligence on the ultimate Buyer (s) of the Lot (s) in accordance with all relevant anti-money laundering legislation, consent to us relying on this due diligence, and You will retain for a period of not less than five years the documentation evidencing the due diligence. You will make such documentation promptly available for immediate inspection by a third party auditor upon our written request to do so;
(ii) The arrangements between You and the ultimate Buyer (s) in relation to the Lot or otherwise do not, in whole or in part, facilitate tax crimes, and;
(iii) You do not know, and have no reason to suspect that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion, or that the ultimate Buyer (s) are under investigation or have been charged with or convicted of money-laundering, terrorist activities, or other crimes.
F. PAYMENT
F1. MAKING PAYMENT
(a) Within 7 days of a Lot being sold You will pay to us the Total Amount Due in cash or by such other method as is agreed by us. We accept cash, bank transfer (details on request), debit cards and Visa or MasterCard credit cards. Please note that we do not accept cash payments over £5,000 per Buyer per year.
(b) Any payments by You to us can be applied by us towards any sums owing by You to us howsoever incurred and without agreement by You or Your agent, whether express or implied.
(c) We will only accept payment from the registered Bidder. Once issued, we cannot change the Buyer’s name on an invoice or re-issue the invoice in a different name.
(d) The ownership of any Lots purchased shall not pass to You until You have made payment in full to us of the Total Amount Due. The risk in and the responsibility for the Lot will transfer to You from whichever is the earlier of the following:
(i) When You collect the Lot; or (ii) At the end of the 30th day following the date of the auction, or, if earlier, the date the Lot is taken into care by a third party unless we have agreed otherwise with You in writing.
(e) You shall at Your own risk and expense take away any Lots that You have purchased and paid for not later than 7 working days following the day of the auction or upon the clearance of any payment whichever is later. Please
note we do not accept cheques. We can provide You with a list of shippers. However, we will not be responsible for the acts or omissions of carriers or packers whether or not recommended by us.
(f) No purchase can be claimed or removed until it has been paid for.
(g) It is the Buyer’s responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for Lots not collected by the appropriate time.
F2. IN THE EVENT OF NON-PAYMENT
If any Lot is not paid for in full and taken away in accordance with these Conditions or if there is any other breach of these Conditions, we, as agent for the Sellers and on their behalf, shall at our absolute discretion and without prejudice to any other rights we may have, be entitled to exercise one or more of the following rights and remedies:
(a) To proceed against You for damages for breach of contract;
(b) To rescind the contract for sale of that Lot and/or any other Lots sold by us to You;
(c) To resell the Lot (s) (by auction or private treaty) in which case You shall be responsible for any resulting deficiency in the Total Amount Due (after crediting any part payment and adding any resale costs).
(d) To remove, store and insure the Lot in the case of storage, either at our premises or elsewhere and to recover from You all costs incurred in respect thereof;
(e) To charge interest at a rate of 5% a year above the Bank of Scotland base rate from time to time on all sums outstanding for more than 7 working days after the sale;
(f) To retain that or any other Lot sold to You until You pay the Total Amount Due;
(g) To reject or ignore bids from You or Your agent at future auctions or to impose conditions before any such bids shall be accepted;
(h) To apply any proceeds of sale of other Lots due or which become due to You towards the settlement of the Total Amount Due by You and to exercise a lien over any of Your property in our possession for any purpose until the debt due is satisfied. You will be deemed to have granted such security to us and we may retain such property as collateral security for Your obligations to us; we may decide to sell Your property in any way we think appropriate. We will use the proceeds of the sale against any amounts You owe us and we will pay any amount left from that sale to You. If there is a shortfall, You must pay us the balance; and
(i) Take any other action we see necessary or appropriate.
G. COLLECTION & STORAGE
(1) It is the Buyer’s responsibility to ascertain collection procedures, particularly if the sale is not being held at our main sale room and the potential storage charges for Lots not collected by the appropriate time. Information on collection is set out in the Catalogue and our Website
(2) Unless agreed otherwise, You must collect purchased Lots within seven days from the auction. Please note the Lots will only be released upon full payment being received. We will assume your authority to release your item(s) to a recognised shipper providing they can provide your invoice details.
(3) If You do not collect any Lot within seven days following the auction we can, at our discretion;
(i) Charge You storage costs at the rates set out on our Website.
(ii) Move the Lot to another location or an affiliate or third party and charge You transport and administration costs for doing so and You will be subject to the third party storage terms and pay for their fees and costs.
(iii) Sell the Lot in any way we think reasonable.
H. TRANSPORT & SHIPPING
H1.
TRANSPORT AND SHIPPING
We will include transport and shipping information with each invoice sent to You as well as displayed on our Website. You must make all transport and shipping arrangements.
H2.
EXPORT OF GOODS
Buyers intending to export goods should ascertain;
(a) Whether an export licence is required; and
(b) Whether there is any specific prohibition on importing goods of that character, e.g. items that may contain prohibited materials such as ivory or rhino horn. It is the Buyer’s sole responsibility to obtain any relevant export or import licence. The denial of any licence or any delay in obtaining licences shall neither justify the recession of any sale not any delay in making full payment for the Lot.
H3.
CITES: ENDANGERED PLANTS AND ANIMALS LEGISLATION
Please be aware that all Lots marked with the symbol Y may be subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http:// www.defra.gov.uk/ahvla-en/importsexports/cites
We accept no liability for any Lots which may be subject to CITES but have not be identified as such.
I. OUR LIABILITY TO YOU
(a) We give no warranty in relation to any statement made, or information give, by us, our representatives or employees about any Lot other than as set out in the authenticity warranty and as far as we are allowed by law, all warranties and other terms which may be added to this agreement by law
are exclude. The Seller’s warranties contained in paragraph E.1 are their own and we do not have a liability in relation to those warranties.
(b) (i) We are not responsible to You for any reason whether for breaking this agreement or any other matter relating to Your purchase of, or bid for, any Lot other than in the event of fraud or fraudulent misrepresentation by us other than as expressly set out in these conditions of sale; or
(ii) We do not give any representation, warranty or guarantee or assume any liability for a kind in respect of any Lot with regard to merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature or historical relevance, except as required by local law, any warranty of any kind is excluded by this paragraph.
(c) in particular, please be aware that our written and telephone bidding services, Lyon & Turnbull Live, Condition Reports, currency converter and saleroom video screens are free services and we are not responsible for any error (human or otherwise) omission or breakdown in these services.
(d) We have no responsibility to any person other than a Buyer in connection with the purchase of any Lot
(e) If in spite of the terms of this paragraph we are found to be liable to You for any reason, we shall not have to pay more than the Purchase Price paid by You to us. We will not be responsible for any reason for loss of profits, business, loss of opportunity or value, expected savings or interest, costs damages or expenses.
J. OTHER TERMS
J1. OUR ABILITY TO CANCEL
In addition to the other rights of cancellation contained in this agreement, we can cancel the sale of a Lot if;
(i) Any of our warranties are not correct, as set out in paragraph E3, (ii) We reasonably believe that completing the transaction is or may be unlawful; or
(iii) We reasonably believe that the sale places us or the Seller under any liability to anyone else or may damage our reputation.
J2. RECORDINGS
We may videotape and record proceedings at any auction. We will keep any personal information confidential, except to the extent disclosure is required by law if You do not wish to be videotaped, You may make arrangements to bit by telephone or a written bid or bid on Lyon & Turnbull Live instead. Unless we agree otherwise in writing, You may not videotape or record proceedings at any auction.
J3. COPYRIGHT
We own the copyright in respect of all images, illustrations and written material produced by or for us relating to a Lot. (Including Catalogue entries unless otherwise noted in the Catalogue) You cannot use them without our prior written permission. We do not offer any guarantee that You will gain any copyright or other reproductions to the Lot.
J4. ENFORCING THIS AGREEMENT
If a court finds that any part of this agreement is not valid or is illegal or impossible to enforce, that part of the agreement will be treated as deleted and the rest of this agreement will remain in force.
J5. TRANSFERRING YOUR RIGHTS AND RESPONSIBILITIES
You may not grant a security over or transfer Your rights of responsibilities under these terms on the contract of sale with the Buyer unless we have given our written permission. This agreement will be binding on Your successors or estate and anyone who takes over Your rights and responsibilities.
J6. REPORTING ON LYONANDTURNBULL.COM
Details of all Lots sold by us, including Catalogue disruptions and prices, may be reported on www.lyonandturnbull. com. Sales totals are Hammer Price plus Buyer’s Premium and do not reflect any additional fees that may have been incurred. We regret we cannot agree to requests to remove these details from our Website.
J7. SALE BY PRIVATE TREATY
(a) The same Conditions of Sale (Buyers) shall apply to sales by private treaty.
(b) Private treaty sales made under these Conditions are deemed to be sales by auction and subject to our agreed charges for Sellers and Buyers.
(c) We undertake to inform the Seller of any offers it receives in relation to an item prior to any Proposed Sale, excluding the normal method of commission bids.
(d) For the purposes of a private treaty sale, if a Lot is sold in any other currency than Sterling, the exchange rate is to be taken on the date of sale.
J8. THIRD PARTY LIABILITY
All members of the public on our premises are there at their own risk and must note the lay-out of the premises, safety and security arrangements. Accordingly, neither the Auctioneer nor our employees or agents shall incur liability for death or personal injury or similarly for the safety of the property of persons visiting prior to, during or after a sale.
J9. DATA PROTECTION
Where we obtain any personal information about You, we shall use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent (s) You may have given at the time Your information was disclosed). A copy of
our Privacy Policy can be found on our Website www.lyonandturnbull.com or requested from Client Services, 33 Broughton Place, Edinburgh, EH1 3RR or by email from data enquiries@ lyonandturnbull.com.
J10. FORCE MAJEURE
We shall be under no liability if they shall be unable to carry out any provision of the Contract of Sale for any reason beyond their control including (without limiting the foregoing) an act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
J11. LAW AND JURISDICTION
(a) Governing Law: These Conditions of Sale and all aspects of all matters, transactions or disputes to which they relate or apply shall be governed by, and interpreted in accordance with, Scots law
(b) Jurisdiction: The Buyer agrees that the Courts of Scotland are to have exclusive jurisdiction to settle all disputes arising in connection with all aspects of all matters or transactions to which these Conditions of Sale relate or apply.
K. DEFINITIONS & GLOSSARY
The following words and phrases used have (unless the context otherwise requires) the meaning to given to them below. The go Glossary is to assist You to understand words and phrases which have a specific legal meaning which You may not be familiar with.
K1.
DEFINITIONS
“Auctioneer” Lyon & Turnbull Ltd (Registered in Scotland No: 191166 | Registered address: 33 Broughton Place, Edinburgh, EH1 3RR) or it’s authorised representative conducting the sale, as appropriate;
“Bidder” a person who has completed a Bidding Form
“Bidding Form” our Bidding Registration Form our Absentee Bidding Form or our Telephone Bidding Form.
“Buyer” the person to whom a Lot is knocked down by the Auctioneer. The Buyer is also referred to by the words
“You” and “Your”
“Buyer’s Premium” the sum calculated on the Hammer Price at the rates stated in Catalogue.
“Catalogue” the Catalogue relating to the relevant Sale, including any representation on our Website
“Condition Report” the report on the physical condition of a Lot provided to a Bidder or potential Bidder by us on behalf of the Seller.
“Estimate” a statement of our opinion of the range within the hammer is likely to fall.
“Hammer Price” the level of bidding reached (at or above any Reserve) when the Auctioneer brings down the
hammer;
“High Cumulative Value of Lot” several Lots with a total lower Estimate value of £30,000 or above;
“High Value Lot” a Lot with a lower Estimate of £30,000 or above;
“Lot” each Item offered for sale by Lyon & Turnbull;
“Purchase Price” is the aggregate of Hammer Price and any applicable Buyer’s Premium, VAT on the Hammer Price (where applicable), VAT on the Buyer’s Premium and any other applicable expenses;
“Reserve” the lowest price below which an item cannot be sold whether at auction or by private treaty;
“Sale” the auction sale at which a Lot is to be offered for sale by us.
“Seller” the person who offers the Lot for Sale. We act as agent for the Seller.
“Total Amount Due” the Hammer Price in respect of the Lot sold together with any premium, Value Added Tax or other taxes chargeable and any additional charges payable by a defaulting Buyer under these Conditions;
“VAT” value added tax at the prevailing rate at the date of the sale in the United Kingdom.
“Website” Lyon & Turnbull’s Website at www.lyonandturnbull.com
K2. GLOSSARY
The following have specific legal meaning which You may not be familiar with. The following glossary is intended to give You an understanding of those expressions but is not intended to restrict their legal meanings:
“Artist’s Resale Right” the right of the creator of a work of art to receive a payment on Sales of that work subsequent to
“Knocked Down” when a Lot is sold to a Bidder, indicated by the fall of the hammer at the Sale.
“Lien” a right for the person who has possession of the Lot to retain possession of it.
“Risk” the possibility that a Lot may be lost, damaged, destroyed, stolen, or deteriorate in condition or value.
“Title” the legal and equitable right to the ownership of a Lot.
