A decades-long legal battle over the ownership of six stained-glass windows created by Irish artist Harry Clarke for Bewley’s Café in Dublin has concluded with a ruling in favor of the building’s owner, RGRE Grafton Limited, the company of developer Johnny Ronan. The decision by the Supreme Court of Ireland upholds a 2024 ruling by the Court of Appeal, effectively ending Bewley’s Café’s claim to the artworks.
The windows, estimated to be worth €1 million, have been at the center of a dispute centering on whether they were integral fixtures of the building or moveable artworks. RGRE Grafton argued the windows were “part and parcel of the premises,” while Bewley’s contended they were not windows at all, but rather ornamental pieces not structurally tied to the building. The dispute focused on four panels known as ‘The Four Orders’ and two panels called ‘Swan Yard.’
The saga began in 2020 when RGRE sought possession of the premises over unpaid rent, a matter that was ultimately resolved through mediation. However, the question of the windows’ ownership remained. The High Court initially ruled in 2023 that four of the windows – ‘The Four Orders’ – were part of the building’s structure, while the ‘Swan Yard’ panels were considered ornamental and belonged to Bewley’s. This split decision was overturned by the Court of Appeal, which determined that all six were, legally speaking, windows and therefore the property of the landlord.
The Supreme Court’s decision solidifies that ruling. Justice Maurice Collins, delivering the court’s judgment, stated the Clarke pieces were “capable of performing all the functions of windows – including lighting, and ventilation.” He noted the importance of ventilation in the café’s original design, given its heating system and the prevalence of smoking at the time. The judge also emphasized that the windows were specifically commissioned and designed to be an essential part of the building’s fabric, reflecting the vision of Ernest Bewley, who commissioned the works in 1927 for his “Oriental café.”
A key element of the court’s reasoning was the lack of evidence demonstrating that Bewley’s actually paid for the windows at the time of their installation. This lack of proof, the court found, was “fatal to any claim of ownership” by the café.
The legal arguments, as recounted in court filings, occasionally took on a playful tone. Senior Counsel Bernard Dunleavy, representing the Ronan Group, famously quipped during the High Court proceedings, referencing the classic Christmas cracker joke: “When is a window not a window? When it’s ajar.” He then extended the analogy, asking, “When is a window not a window? When it’s an objet d’art.”
Harry Clarke (1889-1931) is celebrated as Ireland’s most significant stained-glass artist. His work adorns churches throughout Ireland and internationally, but the windows at Bewley’s Café are arguably his most frequently viewed pieces. Commissioned by Ernest Bewley for £460 and installed in 1928, they became an iconic feature of the Dublin landmark.
Bewley’s Café expressed disappointment with the Supreme Court’s decision, stating that their hope of transferring the artworks into public ownership through donation to a suitable institution could no longer be realized.
Rory Williams, Chief Executive of the Ronan Group, welcomed the ruling, stating that the court had affirmed the company’s long-held belief that the windows were an integral part of the building. He also expressed relief that the “lengthy and sometimes farcical series of legal efforts” to separate the windows from the building had come to an end. Williams added that he was pleased to move forward with a positive relationship with Bewley’s, ensuring visitors would continue to enjoy the “magnificent works of art” in their original setting “in perpetuity.”
The case highlights the complexities of defining ownership when it comes to artistic fixtures within leased properties. The Supreme Court’s decision establishes a clear precedent regarding the classification of such items, potentially impacting future disputes between landlords and tenants over built-in artistic elements.
