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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. 

This case also appeared in several news outlets and publications, including:

Counsel