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Following a judgment in June 2026 assessing the amount of Sto Germany's contribution for a BLO in a different project, the Court has today handed down a judgment between Mulalley v Sto dealing with the liability aspects of a default judgment where the claimant is seeking a BLO.

TCC and First-tier Tribunal sit together for the first time under the Building Safety Act 2022Mr Justice Constable and Judge Siobhan McGrath, President of the First-tier Tribunal (Property Chamber), have handed down judgment in Wallace Estates Limited v Durkan Estates Limited [2026] EWHC 2133 (TCC). It marks the first joint hearing of the President of the FTT and a judge of the TCC sitting together.BackgroundThe dispute concerns a remediation agreement dated 1 July 2024 (“RA”) under which Durkan Estates Limited (“Durkan”) agreed to remedy, at its own cost, relevant defects within the meaning of section 120 of the Building Safety Act 2022 (the “BSA”) at Centrillion Point in Croydon. The defects are the subject of a remediation order made by the FTT on 4 January 2024 against the freeholder, Wallace Estates Limited (“Wallace”). On 26 June 2025, two days after the FTT refused its application to extend the time for compliance with that order, Wallace served a notice purporting to terminate the RA and took over the remedial works.Two sets of proceedings followed. In September 2025 Wallace applied to the FTT for a remediation contribution order (“RCO”) under section 124 of the BSA…

The Claimants sought urgent injunctive relief to restrain a $484 million bond call.  The Defendant appeared at short notice to oppose the relief sought.The Claimants are to pay 100% of the Defendant’s costs.Tom Owen KC and Alexandra Bodnar appeared for the Defendant.Link to judgment: [2026] EWHC 2047 (TCC).