The High Court has refused to order Dromoland Castle to hand back 1.4 million euro in paintings which have been on loan at the County Clare Hotel.
Their owner Lord Inchiquin was also refused an injunction to prevent their reproductions by the five star hotel, pending a full hearing.
The disputed painting at the centre of these court proceedings have hung in Dromoland Castle for decades after the 18th Baron Inchiquin – Conor O’Brien entered a consultancy agreement with the Castle in 1993 to allow the use of his paintings.
It provided he be paid £5,000 per year and either side could give notice to terminate the agreement "if either side was guilty of conduct prejudicial to the parties".
However earlier this year Lord Inchiquin sought an immediate return of the paintings amid allegations they were being improperly cared for and had been damaged and now wants to sell the paintings to a family member.
He said the agreement was terminated by his solicitor in May this year and that in July he arranged for experts to remove the paintings but the hotel manager would not allow it.
Denying the claims made by Lord Inchiquin The General Manager of Dromoland Castle said it was a hotel, not an art gallery ,the owner had seen the paintings several times and had never voiced any allegations in the past.
He added that the immediate removal en masse in the high season would lead to irreparable damage to the reputation of the hotel- however would replace the painting with reproductions.
After a two day hearing at the High Court, Mr Justice O’Keefe refused Lord Inchiquin’s application for a mandatory injunction forcing the immediate return of the paintings and an injunction prohibiting reproduction.
However he said the hotel may risk a claim for damages if it were to reproduce the paintings before a full hearing of the action, which he said should take place soon and recommended the “status quo” should continue for now
