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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Is it possible to get an injunction issued on items being sold

Customer Question

Is it possible to get an injunction issued on items being sold at auction? An auction of my late great uncle's medals is going under the hammer next week and are estimated to be sold for between £200-250k. I am not completely satisfied that the consignors have the right to sell these medals as I am unclear as to how they came into their possession. The auction house, quite understandably, have stated that all due diligence has been adhered to and that the consignors have asserted their right to absolute privacy. The consignors also maintain that the medals were bequeathed to them by my late Great Uncle. I have also raised this with the Antiques division of the Metropolitan Police who have been very helpful but after making their own enquiries, have now concluded that this is a family matter. My suspicions are that some distant cousin somehow got his/her hands on the medal and is the one stating that these were legitimately bequeathed to him/her. Unfortunately, I do not have a copy of the will and I gather that this will take 21 days or so to procure, by which time the auction will be long finished. Is there any way that the auction can be held up, pending further enquiries as to the legitimacy of the consignor's right to sell?

Many thanks and best wishes,

Michael
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When did your Uncle die?
What makes you think that he did not leave the Medals to some one?
Do you know the person who is selling the Medals?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


Thank you for your swift response.


 


My great uncle died in 1967 and it is quite possible that he bequeathed these medals to his children but it is unlikely that they would have been bequeathed to distant cousins. Whilst the consignors have understandably asserted their right to anonymity, I have received strong indications that it is these distant cousins who are now selling the medals and I am unclear as to how they have come into their possession. I am attaching 2 pieces of correspondence which should give you more of a background about this proposed sale on 2nd July. One is a letter from me to the Auction House which I had asked to be forwarded to the relevant individuals. The other is their response to me.


 


With best wishes,


 


Michael

Attachment: 2014-06-24_141218_john_duncan_grant_medals_-_provenance_request.docx

Attachment: 2014-06-24_141249_michael_turkheim_18_june_2014.pdf

Expert:  Clare replied 3 years ago.
Hi
Do you know who "Jack Grant"might be?
Clare
Customer: replied 3 years ago.

Hi Clare - yes 'Jack' Grant was John Duncan Grant, the man whose medals they were.


 


Michael

Expert:  Clare replied 3 years ago.
Hi
Without being rude - could you afford to spend £20,000 on this if need be?
Clare
Customer: replied 3 years ago.

Hi Clare


 


Sadly not. Not even close, I'm afraid......what did you have in mind?


 


Michael

Expert:  Clare replied 3 years ago.
Hi
I am afraid that the simple fact is that you have insufficient evidence to justify making the application.
Even if you had then you would have to be willing to put up a considerable sum of money before the order would be made to cover all the potential costs (and losses) of the Other side in the event that your application was ungrounded
I am sorry - I know that it is bad news - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare


 


Thanks for your honest appraisal of the situation. Just one question. If I get hold of a copy of the will after the auction has finished and it transpires that these medals were not bequeathed to the consignors as they have stated, would I still have any case to pursue?


 


Many thanks and best wishes,


 


Michael

Expert:  Clare replied 3 years ago.
Hi
If they had no right to then medals then the people who do can sue for the monies received
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Clare


Thanks for your help.


Sorry if I don't appear more enthusiastic about the whole feedback process. There is something so very reductive about tick boxes and smiley faces, especially when applied to matters of a fairly serious nature.


With best wishes,


Michael

Expert:  Clare replied 3 years ago.
Hi
Do not worry - I understand how you feel
Clare