The Creative Foundation v Dreamland Leisure Ltd & Ors [2015] EWHC 2556 (Ch) (11 September 2015)

The Creative Foundation v Dreamland Leisure Ltd & Ors [2015] EWHC 2556 (Ch) (11 September 2015)

The lease did not entitle the tenant to remove and claim ownership of a valuable part of the building (the mural); upon removal, the mural became a chattel owned by the landlord, not the tenant. The tenant's removal and attempted sale constituted trespass and conversion. The Foundation, as assignee, was entitled to...

Source-derived case information.

Citation
[2015] EWHC 2556 (Ch)
Parties
Claimant: The Creative Foundation; First Defendant: Dreamland Leisure Limited; Second Defendant: Jeremy Michael Godden; Third Defendant: Jordan Harry Godden
Jurisdiction
England and Wales
Judgment Date
11 September 2015
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for the claimant.
Legal Topics
Fixtures and Chattels, Lease Covenants, Implied Terms in Leases, Trespass, Conversion, Summary Judgment
Property Law Landlord and Tenant Law Tort Law Fixtures and Chattels Lease Covenants Implied Terms in Leases Trespass Conversion +1 more

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Parties

The Creative Foundation

Claimant

Dreamland Leisure Limited

First Defendant

Jeremy Michael Godden

Second Defendant

Jordan Harry Godden

Third Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the tenant was entitled or obliged to remove a section of wall bearing a Banksy mural under the lease's repairing obligations
  2. 2 Whether ownership of the removed mural vested in the landlord or tenant upon removal
  3. 3 Whether the tenant committed trespass and conversion by removing and selling the mural

Ratio Decidendi

The lease did not entitle the tenant to remove and claim ownership of a valuable part of the building (the mural); upon removal, the mural became a chattel owned by the landlord, not the tenant. The tenant's removal and attempted sale constituted trespass and conversion. The Foundation, as assignee, was entitled to summary judgment for delivery up of the mural.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Delivery up of the mural to the claimant (The Creative Foundation).