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The Court of Appeal is hearing two Building Safety Act appeals over five days this week: Adriatic Land 5 Ltd v The Long Leasehold Leaseholders at Hippersley Point and (1) SVDP & (2) Get Living Plc v Triathlon Homes LLP.
The Secretary of State for Housing, Communities and Local Government is intervening in both appeals.
Simon Allison and Mattie Green act for the appellant in the Hippersley Point appeal, with Malcolm Birdling.
Adriatic Land 5 Ltd v The Long Leasehold Leaseholders at Hippersley Point
This appeal concerns whether the leaseholder protections in Schedule 8 of the Building Safety Act 2022 operate retrospectively or whether they only apply to costs incurred after 28 June 2022.
The particular issue in the appeal concerns paragraph 9 of Schedule 8, which relates to legal or professional costs of any person relating to the liability (or potential liability) of any person incurred as a result of a relevant defect. However, the answer as to the operation of paragraph 9 will apply in the context of most other protections in Schedule 8.
The appeal raises also issues arising under Article 1 of the First Protocol of the European Convention on Human Rights.
Simon’s article considering the Upper Tribunal’s decision is available here.
(1) Stratford Village Development Partnership (2) Get Living Plc v (1) Triathlon Homes LLP (2) East Village Management Limited
The Triathlon appeal concerns whether a remediation contribution order can be made in respect of costs incurred before section 124 of the BSA came into force on 28 June 2022 and if they can, whether an RCO should have been made in the circumstances of the case. The appellant argues that an RCO cannot be made in respect of costs incurred before 28 June 2022 and that, in any event, an RCO should not have been made.
The Hippersley Point appeal is being heard on Monday and Tuesday, with the Triathlon appeal to follow from Wednesday.
The appeals will be live streamed here.
