Category

Building Safety

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…

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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).…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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