Insights
7th March 2024
Recovery of Litigation Costs via Service Charge and the Scope of Expenditure Clauses
In the recent case of 89 Holland Park (Management) Limited v Dell & Dell, the Court of Appeal refused to allow a management company to recover its litigation…
Insights
26th February 2024
Mistry and Ors v Wallace Estates Limited – remediation orders and a question of relevant defects
Case law is now starting to trickle through and currently, in the spotlight, are the First-tier Tribunal (FTT) cases concerning Remediation Orders (RO) and Remediation Contribution Orders (RCOs).…
Insights
21st February 2024
The FTT’s first decision on the identity of Accountable Persons – can a Tribunal appointed manager be an ‘Accountable Person’ under the Building Safety Act?
The Building Safety Act 2022 (BSA) is ripe for litigation in the context of both its meaning and effect. Canary Riverside (a bit like the BSA is expected…
Insights
9th February 2024
Leasehold Updates
Sales and purchases of leasehold properties are increasingly more time consuming. Below are some recent updates which could be useful for anybody looking to sell a leasehold property…
Insights
5th February 2024
Triathlon Homes LLP v Stratford Village Development Partnership & others
In a significant case applying the Building Safety Act 2022 (“BSA”) the First Tier Tribunal (“FTT”) has made an £18 million contribution order against a developer, which includes…
Insights
30th November 2023
Government amends the Lease Extension problem within the Building Safety Act 2022
The leaseholder protection provisions of the Building Safety Act 2022 (“the BSA”) have attracted a vast amount of criticism. In particular, the concept of “qualifying leases”. This provision…
Insights
10th November 2022
New Homes Ombudsman Service
The New Homes Ombudsman Service (‘NHOS’) has been introduced as part of changes brought in by the Building Safety Act 2022 (‘the Act’). Under the Act there is…
Insights
21st September 2022
Cladding claims and fire safety after Grenfell: first reported High Court judgment published
The first substantive claim concerning cladding defects on high rise buildings since Grenfell was handed down by the Technology and Construction Court on 14 July 2022 in the…
Insights
12th July 2022
When does the beneficiary of a collateral warranty have the right to refer a dispute to adjudication?
A recent decision heard in the Court of Appeal, in the case of Abbey Healthcare (Mill Hill) Limited v Simply Construct (UK) LLP [2022] EWCA Civ 823, has overturned…
Insights
5th July 2022
Building Safety Act 2022 changes to the Defective Premises Act 1972 and the Building Act 1984
There have been many changes brought about by the Building Safety Act 2022 (“BSA”) to the way in which multi-occupancy buildings are occupied and constructed. One of the…