Eversheds Sutherland secures historic Irish Supreme Court victory over ownership of world-famous artist’s stained-glass windows

In a unanimous decision, a five‑judge Irish Supreme Court panel dismissed Bewley’s appeal and upheld the majority ruling of the Court of Appeal, confirming that all six Harry Clarke windows form part of the fabric of the building and belong to RGRE, the landlord.

The dispute arose after Bewley’s claimed to have sold the windows to its parent company as part of an internal financing arrangement, arguing that the stained‑glass panels were artworks and therefore tenant’s fixtures. RGRE maintained that the windows were integral to the building and could not be sold by the tenant.

The case involved extensive historical and expert evidence, including correspondence from the 1920s showing that Harry Clarke was commissioned to design “windows” for the café, and conservation evidence undermining claims of a historic “double fenestration system” said to strip the panels of their weathering function.

While the High Court accepted Bewley’s argument in respect of two of the six windows, Eversheds Sutherland successfully appealed that finding. The Court of Appeal overturned the High Court’s conclusions, describing aspects of its reasoning as “speculative leaps unsupported by credible evidence”.

The Irish Supreme Court has now upheld that decision in full.

The Eversheds Sutherland team was led by Partner Neil O’Mahony and Senior Associate Philip Reynor, supported by Associates Rachael Smith, Claire Reihill and Helen Smith, with Bernard Dunleavy SC and Ross Aylward BL instructed as counsel.

Neil O’Mahony, Partner, Eversheds Sutherland, said:

“The Court’s unanimous decision is a resounding endorsement of the evidence and legal analysis advanced on behalf of our client. It also provides important clarity on the treatment of fixtures of historic and artistic significance within leased premises. We’re delighted to have achieved this result for RGRE.”

Philip Reynor, Senior Associate, Eversheds Sutherland, said:

“This was an extraordinary case to be involved in – legally, historically and culturally. I think I can safely speak on behalf of the entire team, including our outstanding counsel, when I say it was an absolute privilege and an honour to play a part in securing this outcome. The Supreme Court’s decision brings long‑needed clarity and affirms the fundamental principle that you cannot sell what you do not own.”

Rory Williams, Chief Executive of RGRE, said:

“We’re pleased with the Supreme Court’s decision. These remarkable windows are an integral part of the building’s history and character, and we’re grateful to Eversheds Sutherland and to counsel for their dedication, expertise and persistence throughout this long and complex litigation.”