Bewley’s – a landmark decision in landlord and tenant law

Eversheds Sutherland, led by Partner Neil O’Mahony and Senior Associate Philip Reynor, acted for the landlord, RGRE Grafton Limited (part of Ronan Group Real Estate), in a landmark multi-level dispute culminating in a decision of the Irish Supreme Court concerning the ownership of the iconic Harry Clarke stained glass windows at Bewley’s Café, Grafton Street, Dublin.

The proceedings raised complex and novel issues at the intersection of property law, landlord and tenant law, and the law of fixtures, namely whether valuable artistic works affixed within a leased premises constituted tenant chattels or formed part of the landlord’s reversionary interest in the building. The dispute traversed the High Court, Court of Appeal and ultimately the Supreme Court, reflecting both its factual complexity and its broader legal significance.

Eversheds Sutherland successfully advanced the landlord’s position that the windows were, as a matter of law, part and parcel of the building itself. While the High Court had drawn a distinction between the different typology of Harry Clarke windows at the Café, and the Court of Appeal subsequently held that all six windows formed part of the premises, the Supreme Court (with a unanimous decision) ultimately affirmed that conclusion, holding that the windows belonged to the landlord and rejecting the tenant’s characterisation of the works as removable artworks.

The Supreme Court’s judgment is of particular importance to the law of landlord and tenant in Ireland. It provides authoritative clarification on the legal test for determining whether items affixed to a property, particularly items of artistic or decorative significance, constitute fixtures forming part of the realty, as opposed to tenant-owned chattels. In doing so, the Court emphasised functional integration with the building and the evidential burden regarding ownership and original installation, offering much-needed guidance in an area previously marked by some uncertainty.

The decision has significant practical implications for landlords, tenants, developers, and practitioners. It underscores the importance of careful lease drafting and evidential clarity in relation to fixtures and fit-out works, particularly in high-value commercial settings where artistic or bespoke elements may be integrated into the fabric of a building. The case is now regarded as a leading authority on fixtures in Irish law and will have wider application beyond traditional landlord and tenant disputes, including in areas such as security, taxation, and insolvency.

This matter demonstrates Eversheds Sutherland’s ability to manage and deliver complex, high-value commercial litigation through all appellate levels, combining technical legal expertise with strategic case management to secure a definitive and commercially significant outcome for its client.