Lot 5 (Contemporary & Post-War Art, 16th April 2020)
Signed and dated, acrylic on paper
46cm x 58cm (18in x 22.75in)
Biography: A key figure in Post-War British art, William Gear was one of the few British artists in this period to make a strong impression overseas, through his commitment to developments in abstraction and involvement with avant-garde groups in Europe. Throughout his life and career he remained a dedicated artist and passionate champion of art and other artists.
Gear headed for Paris in 1947, maintaining a long-established tradition of Scottish artists working and studying in the French capital. It was during this time that he established his more progressive credentials, when he became involved with CoBrA, a European avant-garde art movement made up of artists united in their pursuit of complete freedom of form, as they searched for new modes of expression to fit with their expectations of life post-war.
In 1950, Gear decided to return to England but seemed to fall out of critical favour at this time, and was exhibiting less regularly. Yet he continued to paint and support the arts in other ways; acting as Curator of the Towner Art Gallery, where he influenced the purchasing committee to establish a collection of post-war British Art, and working as Head of the Faculty of Fine Art at the College of Art in Birmingham, while continuing to support local artists through acquisitions made by the Friends of Birmingham Museums and Art Galleries. In later years his collecting has been celebrated, but his vision was ahead of the curve in Britain, where at the time it was ridiculed and criticised.
Towards the end of his life, Gear's critical reputation was reinvigorated when an exhibition of CoBrA work revived interest in the movement, offering a variety of exhibition opportunities for Gear, one of only two British artists' featured in the retrospective. Gear was also recognised institutionally, with an election to the Royal Academy in 1995.
A controversial figure in his lifetime, Gear's importance as both an artist and passionate champion of the arts has been increasingly recognised in recent years. An artistic visionary, Gear stayed true to his principles and perspectives despite unpopularity and criticism and it is only now that the true extent of his vision and its contemporary relevance are finally becoming clear.
Sold for £938
(Inclusive of Buyer's Premium)
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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 (euros). The charge for works of art sold at and above €1,000 (euros) and below €50,000 (euros) is 4%. For items selling above €50,000 (euros), 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. Please note that the royalty payment is calculated on the rate of exchange at the European Central Bank on the date of the sale. More information on Droit de Suite is available at www.dacs.org.uk.
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(1) 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;
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(f) to retain that or any other lot sold to you until you pay the total amount due;
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(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.
12. DESCRIPTIONS AND CONDITION
(1) Whilst we seek to describe lots accurately, it may be impractical for us to carry out exhaustive due diligence on each lot. Prospective Buyers are given ample opportunities to view and inspect before any sale and they (and any independent experts on their behalf) must satisfy themselves as to the accuracy of any description applied to a lot. Prospective Buyers also bid on the understanding that, inevitably, representations or statements by us as to authorship, genuineness, origin, date, age, provenance, condition or estimated selling price involve matters of opinion. We undertake that any such opinion shall be honestly and reasonably held and only accept liability for opinions given negligently or fraudulently. Subject to the foregoing neither we the auctioneer or our employees or agents accept liability for the correctness of such opinions and no warranties, whether relating to description, condition or quality of lots, express, implied or statutory, are given. Please note that photographs/images provided may not be fully representative of the condition of the lot and should not be relied upon as indicative of the overall condition of the lot.
(2) Condition reports: Condition reports are provided on our website or upon request. The absence of a report does not imply that a lot is without imperfections. Large numbers of such requests are received shortly before each sale and department specialists and administration will endeavor to respond to all requests although we offer no guarantee. Any statement in relation to the lot is merely an expression of opinion of the Seller or Lyon & Turnbull and should not be relied upon as an inducement to bid on the lot. Lots are available for inspection prior to the sale and you are strongly advised to examine any lot in which you are interested prior to the sale. Our condition reports are not prepared by professional conservators, restorers or engineers. Our condition report does not form any contract between Lyon & Turnbull and the Buyer. The Condition Reports do not affect the Seller’s obligations in any way.
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(4) Catalogue Alterations: Lot descriptions and estimates are prepared in advance of the sale and may be subject to change. Any alterations will be announced on the catalogue alteration sheet, made available prior to the sale. It is the responsibility of the Buyer to make themselves aware to any alterations which may have occurred.
(5) Electrical Goods: are sold as “works of art” only and if bought for use must be checked over for compliance with safety regulations by a qualified electrician first. Use of such goods is entirely at the risk of the Buyer and no warranties as to safety of the goods are given.
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(8) Special terms may be used in catalogue descriptions of particular classes of items (Books, Jewellery, Paintings, Guns, Firearms etc.) in which case the descriptions must be interpreted in accordance with any glossary appearing in the catalogue. These notices and terms will also form part of our terms and conditions of sales.
13. BOOKS, CLOCKS & WATCHES
(1) Books-Collation: If on collation any NAMED item in the sale catalogue proves defective, in text or illustration the Buyer may reject the lot provided he returns it within 21 days of the sale stating the defect in writing. This, however, shall not apply in the case of unnamed items, periodicals, autographed letters, music M.M.S., maps, drawings NOR in respect of damage to bindings, stains, foxing, marginal worm holes or other defects not affecting the completeness of the text NOR in respect of Defects mentioned in the catalogue, or at the time of sale, NOR in respect of lots sold for less than £300.
(2) Clocks & Watches: All lots are sold “as seen”, and the absence of any reference to the condition of a clock or watch does not imply the lot is in good condition and without defects, repairs or restorations. Most clocks and watches will have been repaired during their normal lifetime and may now incorporate additional/newer parts. Furthermore, Lyon & Turnbull makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Buyers should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Buyers should also be aware that Lyon & Turnbull cannot guarantee a watch will remain waterproof if the back is removed. Buyers should be aware that the importing watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches cannot be shipped to the USA and only imported personally.
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/imports-exports/cites
Lyon & Turnbull accepts no liability for any lots which may be subject to CITES but have not be identified as such.
15. 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) Lyon & Turnbull undertakes 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.
16. 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 accommodation, 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.
(a) We shall have the right at our discretion, to refuse admission to our premises or attendance at our auctions by any person.
(b) Any notice to any Buyer, Seller, bidder or viewer may be given by email if not available then first class mail in which case it shall be deemed to have been received by the addressee 48 hours after posting.
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(d) Should any provision of these Conditions of Sale be held unenforceable for any reason, the remaining provisions shall remain in full force and effect.
(e) These Conditions of Sale are not assignable by either party without the other's prior written consent. No act, omission or delay by Lyon & Turnbull shall be deemed a waiver or release of any of its rights.
(f) The contract between the parties may be varied by the parties by agreement and in writing.
18. AUTHENTICITY GUARANTEE
Lyon & Turnbull guarantees 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 salesroom notes or announcements. Lyon & Turnbull makes 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 Lyon & Turnbull in its reasonable opinion deems 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:
(i) 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
(ii) 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 Lyon &Turnbull's reasonable opinion) to have caused damage to the lot or likely to have caused loss of value to the lot; or
(iii) 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:
(i) notify Lyon & Turnbull 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
(ii) return the Lot to Lyon & Turnbull's 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.
Lyon & Turnbull has discretion to waive any of the above requirements. Lyon & Turnbull 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 Lyon & Turnbull and the original purchaser of the lot. Lyon & Turnbull 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.
19. DATA PROTECTION
In connection with the management and operation of our business and the marketing and supply of Lyon & Turnbull's services, or as required by law, we may ask the Buyer to provide personal information about themselves or obtain information about the Buyer from third parties (e.g. credit information). Lyon & Turnbull will not give out personal information except as may be required by law.
If you would like further information on Lyon & Turnbull policies on personal data, or to make corrections to your information, please contact us on 0131 297 1229.
20. FORCE MAJEURE
Lyon & Turnbull 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.
21. 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.
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