In London Borough of Tower Hamlets v London Borough of Bromley [2015] EWHC 1954 (Ch) the High Court was asked to determine the ownership of a Henry Moore sculpture (‘Draped Seated Woman’) which was purchased by the London County Council in 1962 and placed on the Stifford housing estate, an estate which later passed from the GLC to the London Borough of Tower Hamlets. The sculpture was loaned to the Yorkshire Sculpture Park in 1997 by Tower Hamlets, when the estate was demolished, where it remains. Following a decision of the former Mayor to sell the sculpture, the London Borough of Bromley raised a claim to ownership of the sculpture as successor to the GLC through the London Residuary Body. Tower Hamlets brought Part 8 proceedings to establish the ownership of the sculpture.
The judgment contains detailed consideration of various legislative provisions under which property was transferred between the LCC, the Greater London Council and, subsequently, to the London Boroughs and the London Residuary Body. Norris J concluded that in the light of the history of the purchase of the sculpture, ownership had stayed with the GLC and then transferred to the LRB rather than passing to Tower Hamlets along with the housing estate.
However, he also accepted Tower Hamlets’ case that it had since 1985 repeatedly (and in good faith) believed the sculpture to be its own, and treated it as its own property, including sending it on a long-term loan to Yorkshire, without complaint from the LRB or Bromley. Those were acts of conversion, and by application of section 3(2) of the Limitation Act 1980 Bromley’s title was extinguished. Norris J held that Tower Hamlets now owned the sculpture.
The judgment can be found here.
(The new Mayor of Tower Hamlets, elected since proceedings commenced, has publicly indicated that he does not currently intend to sell the sculpture.)
Nigel Giffin KC and Christopher Knight acted for the London Borough of Tower Hamlets.
