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Claimants: Crest Nicholson Regeneration Limited, Crest Nicholson (South) Limited, Crest Nicholson Operations Limited and Crest Nicholson PLC V Defendants: Ardmore Construction Limited (In Administration), David Richmond and Partners Limited, Yuanda (UK) Co. Limited, Ardmore Construction Group Limited, Ardmore Group Limited, Ardmore Group Holdings Limited, Paddington Construction Limited, Ardmore Fitout Limited, Celebration Homes Limited and Byrne Properties Limited.This decision of Constable J in the TCC is the first detailed judgment regarding the application of the “just and equitable” test in the context of making a building liability order (“BLO”) under section 130 of the Building Safety Act 2022 (“BSA”). It is the second recorded case of the High Court making a BLO. The first was made by Jefford J in 381 Southwark Park Road RTM Co Ltd v Click St Andrews Ltd (In Liquidation) [2024] EWHC 3569 (TCC). However, unlike here, in that case the defendants did not appear and were not represented.The BLO sought by the Claimants (“Crest”) comprised two parts: First, Crest sought an ‘anticipatory’ BLO against the Fourth to Tenth Defendants (“the BLO Defendants”) making them jointly and…

The court dismissed a challenge to a planning inspector decision granting outline planning permission for up to 350 dwellings. The inspector had not misunderstood a policy of the development plan; he gave adequate reasons for limiting the weight given to a masterplan and had not breached his duty when considering the impact of the development on protected species of bat.BackgroundThis claim challenged a decision of a Planning Inspector to grant of planning permission to Waddeton Park Ltd (“the Second Defendant”) for the demolition of existing buildings and structures and the phased development of up to 350 dwellings, together with associated infrastructure and open space, on land at St Bridget Nursery in Exeter. The Inspector held a local inquiry into the planning appeal on 11 December 2024. In granting planning permission, the Inspector took into account a number of planning obligations contained in a deed of agreement dated 18 December 2024 made under section 106 of the Town and Country Planning Act 1990 (“the 1990 Act”), the parties to which were the owners of the appeal site, the Second Defendant as developer, the Third Defendant and Devon County Council.The focus of the claim…

In a construction dispute concerning alleged fire safety defects in student accommodation, the court refused to adjourn the entire trial but ordered a split trial between liability and quantum issues. The Building Safety Regulator rejected the remedial scheme proposed by the claimants, meaning that an adjournment was the only fair way of proceeding, and a split trial was the least imperfect solution to balance fairness with efficient use of court resources.BackgroundThe Claimant/Applicant (“Woodland”) applied to adjourn the trial of this matter, which was listed to start on 8 June 2026, to the first convenient date after 1 June 2027 and for consequential directions. The application was opposed by the First Defendant (“RGCM Limited”) and the Fourth and Fifth Defendants, Unite Modular Solutions Limited (“UMS”) and Unite Integrated Solutions PLC (“UIS”), known as ‘Unite’ collectively. The application was neither supported nor opposed by the Second, Third and Sixth Defendants.Woodland was the owner of a building (“the Development”) in Islington providing student accommodation. The works were carried out through the construction management method of procurement, which involved a…