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Mulalley & Co. Ltd v Sto Ltd & Sto SE & Co. KGaA

22 June 2026

Citation: [2026] EWHC 1552 (TCC)

In this Judgment, the Court determined the amount the Claimant was entitled to following a default judgment on liability for damages to be assessed. Importantly, that liability was for a building liability order ("BLO") under section 130 of the Building Safety Act 2022 (“BSA”) of Sto Germany for a contribution in respect of its UK subsidiary’s liability for defective cladding products under section 149 of the BSA.

This is the first reported judgment in which:

  1. The Court has made a BLO by default judgment.
  2. The Court has had to assess the respective “just and equitable” contribution for a cladding produce supplier and a design and build contract.

The Court held that the cladding product supplier was 87.5% responsible.

James Frampton acted for the Claimant, instructed by Charles Russell Speechlys LLP. The Second Defendant did not take part in the proceedings.

You can read the full judgment here. 

Counsel