Nigel Giffin QC and Christopher Knight (instructed by Head of Legal Services, Tower Hamlets London Borough Council ) for the claimant; Timothy Straker QC and Dilpreet Dhanoa (instructed by Trowers & Hamlins LLP ) for the defendant.
On 15 September 1962 the London County Council purchased a cast of a Henry Moore sculpture known as “Draped Seated Woman”. It was placed near three tower blocks on Stifford Estate in Stepney, now within the claimant local authority’s jurisdiction, who wished to sell the sculpture to fund local services. The defendant local authority, as successor to the London Residuary Body, asserted that the claimant could not do so and that the sculpture should be kept for the benefit of the people of London. Therefore, the ownership of the sculpture was at issue. The claimant sought a declaration that it owned the sculpture.
Allowing the claim, that the sculpture remained a chattel and title to it rested with the claimant.