The well-known stained-glass windows in Bewley’s Café by Harry Clarke were the subject of a High Court case back in the beginning of the year.[1] It was an ownership dispute which involved technical arguments about the status of the works; whether they are windows (which would form part of the building), or independent artworks (fixtures). A deep-dive was undertaken into the history of the building and the windows. In fact at one point, the lawyers involved and the Judge all went to Bewley’s to have a look at the work in situ.
There are 6 windows in total worth approximately €1,000,000. The whole dispute sprang from the non-payment of rent due to the landlord (RGRE Grafton Ltd.) from the tenant (Bewley’s Café Grafton Street Ltd. (BCGS)). In lieu of rent, the tenant offered to sell RGRE the Harry Clarke windows. RGRE asserted they already owned the windows. It gets a little complicated thereafter.
RGRE argued that the windows form part of the leased premises. They further argued that the works were commissioned by the original landlord, Ernest Bewley, to perform the function of windows. Therefore, when RGRE bought the premises, they bought it with the Harry Clarke windows included.
BCGS argued that the works do not form part of the premises because they are ornamental. That at all times they have been in the ownership of the tenant and that indeed there is evidence that the original tenant paid for them. Originally Ernest Bewley commissioned the construction of the building, seemingly with the intention of leasing it to Bewley’s Oriental Cafés Ltd., a family company. This company is now known as Bewley’s Café Grafton Street Ltd and under different ownership.
I won’t go into a description of the various entities and their histories (you can read the judgement) but it boils down to what McDonald J says at paragraph 25:
“It will accordingly be necessary to determine whether the works constitute windows which form part of the fabric of the building or whether they should properly be classified as fixtures which are removable from the premises. If they are, in truth, fixtures, it will then be necessary to determine whether they are landlord’s fixtures or tenant’s fixtures.”
There were historians and Harry Clarke experts brought in in order to give evidence about who commissioned the works, what they were intended for and how they were used.
“Over several days, witnesses were cross examined on hinges, brass hopper mechanisms, sashes and the question of whether Harry Clarke would have overseen the joinery work relating to the structures or not”[2]
The Judge separated the windows into two groups. The first he called the Four Orders works, which consisted of four windows still used as windows and in their original location, and the second he called the Swan Yard works. The Swan Yard works had been moved in the 80s to an internal wall and no longer functioned as windows.
When the Four Orders were installed, they were windows and used as such. They were therefore found to be part of the fabric of the building and owned by the Plaintiff (although the tenant has the benefit of them for the duration of its lease). The Swan Yard works however were ‘mock windows’ as they had another layer of glass when originally installed and had been since relocated.[3] These, the judge ruled, belonged to the tenant. A middle-ground maybe but now the ownership is of course split. No one is talking about removing the windows which is something at least, although Patrick Campbell, the operator of Bewley’s, wanted to donate the windows to the state. Presumably while still remaining in situ. According to this article, there was some aspect heard in the Court of Appeal in November in relation to this case, so there may be further developments.
[1] RGRE Grafton Limited – and – Bewley’s Café Grafton Street Limited and Bewley’s Limited [2023] IEHC 25
[2] https://www.theguardian.com/world/2022/mar/21/when-is-a-window-not-a-window-bewleys-cafe-claims-stained-glass-are-moveable-artworks-in-court
[3] https://www.rte.ie/news/courts/2023/0120/1349821-bewleys-cafe/
Art Law in Ireland 