Judge to visit Bewley's to see removal and reinsertion of Harry Clarke windows

ireland
Judge To Visit Bewley's To See Removal And Reinsertion Of Harry Clarke Windows Judge To Visit Bewley's To See Removal And Reinsertion Of Harry Clarke Windows
The inspection at Bewley’s on Grafton Street will form part of the information submitted in an action over whether the windows form part of the property or are removable artworks
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High Court reporters

A High Court judge is to visit Dublin’s famous Bewley’s Cafe as part of an action about the Harry Clarke stained-glass windows.

A part of the café will be cordoned off as Mr Justice Henry McDonald visits the Grafton Street café for a demonstration of the removal and reinsertion of its Harry Clarke stained-glass windows. The date of the visit has yet to be decided.

The inspection will form part of the information submitted in an action brought by a company connected with developer Johnny Ronan, Ronan Group Real Estate (RGRE) Grafton Ltd, against Bewley’s Café Grafton Street Ltd over whether the windows form part of the property or are removable artworks.

Donation

RGRE, landlord of the premises, has claimed the operator of Bewley’s wants to donate the windows to the Irish people, a move that could attract a tax credit of 80 per cent its value. It also says it rejected a proposal by Bewley’s to offset the value of the windows in lieu of rent owed by selling them to RGRE.

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The landlord has argued the café “can’t try to sell us what we already own”. The six windows, located on the ground floor, are estimated to be worth more than €1 million, according to RGRE.

However, Bewley’s contends that the windows were never part of the property and have from time to time, subject to statutory requirements, been moved freely within the premises.

Bernard Dunleavy SC, for RGRE, told the court on Friday that there is “significant” disagreement between the parties as to whether the items form part of the building or, as Bewley’s asserts, are “decorative screens” hung in front of windows.

He said the ease at which they can be removed from their position and reinstalled without causing them damage will feature in the case. One expert witness contends only a screwdriver is required to remove them, counsel said.

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Kelley Smith SC for Bewley's, said her side agreed the visit would be useful and suggested a section of the café would be cordoned off to facilitate the inspection.

Mr Justice Denis McDonald said he hadn’t visited Bewley’s for some 40 years, and it would be helpful to see the items in situ. A date and time for the visit is to be agreed at a later stage.

 

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