Whose Work Of Art?

The Creative Foundation v Dreamland Leisure Limited and others [2015] EWHC 2556 (Ch) is an interesting case, relating to the ownership of a Banksy art work spray painted on a building. Although the circumstances of the case are unique, it provides helpful guidance on the matters to consider if there are any valuable chattels at a building.

What happened?

In September 2014 a work of street art was spray painted on the side of a building in Folkestone.  The work known as "Art Buff" was attributed to Banksy and became popular locally as well as attracting attention from the press. One valuation suggested the art work was worth £300,000; subsequently a higher valuation of up to £470,000 was also suggested.  The art work was created without the consent of the landlord or the tenant of the building.