Clarke windows property of Bewley’s owners, court rules

by Rachel Morgan News Editor

The six stained-glass windows created by Harry Clarke for Bewley’s Café on Grafton Street in Dublin are the property of the building’s owner, according to a ruling by the Supreme Court.

Ownership Dispute Resolved

The windows, estimated to be worth €1 million, were the subject of a legal battle between RGRE Grafton Limited, the building’s owner, and Bewley’s Café. RGRE argued the windows were an integral part of the premises, while Bewley’s maintained they were moveable artworks.

Did You Know? The windows were originally commissioned in 1927 by Ernest Bewley for his “Oriental café” at a cost of £460.

The dispute focused on two sets of panels: ‘The Four Orders’ and ‘Swan Yard’. The Court of Appeal had previously ruled in 2024 that the works were “windows as a matter of law.” Today, the Supreme Court dismissed Bewley’s appeal, upholding that decision.

Bewley’s Café expressed disappointment with the ruling, stating their hope to donate the artworks to a public institution can no longer be realized. RGRE Grafton Limited welcomed the decision, asserting the court affirmed the windows are “an integral part of the fabric of the building.”

A Lengthy Legal Battle

Rory Williams, Chief Executive of the Ronan Group, stated the ruling concludes a “lengthy and sometimes farcical series of legal efforts.” He added that the windows were “self evidently” their property. The company intends to continue its relationship with Bewley’s Café, ensuring the public can continue to enjoy the artwork.

Expert Insight: This case highlights the complexities of defining property rights when artwork is integrated into a building’s structure. The courts ultimately prioritized the original intent and function of the windows within the building’s design, rather than considering them as independently removable artistic pieces.

The Supreme Court found insufficient evidence to prove Bewley’s Café had paid for the windows in 1927 or 1928, further solidifying RGRE’s claim. Mr Justice Maurice Collins noted the windows were capable of providing lighting and ventilation, essential functions for the café at the time.

Frequently Asked Questions

What was the central issue in the dispute?

The central issue was whether the windows were “part and parcel” of the structure of the premises or ornamental fixtures belonging to the tenant.

What did the High Court initially decide regarding the two sets of windows?

The High Court ruled the four “Four Orders” windows belonged to the Ronan Group, but the two “Swan Yard” panels belonged to Bewley’s.

Why did the Supreme Court ultimately rule in favor of RGRE Grafton Limited?

The Supreme Court upheld the Appeal Court’s decision that all six windows were windows and belonged to the landlord, and found there was insufficient evidence to indicate Bewley’s Café had paid for the windows.

As the legal proceedings conclude, it remains to be seen how this ruling will impact the future relationship between RGRE Grafton Limited and Bewley’s Café, and whether any further steps will be taken regarding the windows’ preservation and public access.

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