The Court of Appeal hand down Judgement of Triathlon Homes LLP v SVDP & Othrs [2025] EWCA Civ 846 and Adriatic v Long Leaseholders of Hippersley Point [2025] EWCA Civ 856
The Court of Appeal today handed down its decisions in the Building Safety Act cases Triathlon Homes LLP v SVDP & Othrs [2025] EWCA Civ 846 and Adriatic v Long Leaseholders of Hippersley Point [2025] EWCA Civ 856.
Triathlon relates to remediation contribution orders under section 124 of the Building Safety Act 2022. The Court of Appeal dismissed the appeal on all grounds, giving guidance on the “just and equitable” test and holding that remediation contribution orders can be made in respect of service charges paid before 28 June 2022. A link to the judgment is here. Jonathan Selby KC and Cecily Crampin appeared for the Appellants, instructed by Mishcon de Reya, and Alexander Nissen KC and Paul Letman appeared for Triathlon Homes LLP, instructed by Gowling WLG (UK) LLP. Camilla Chorfi and Richard Miller were led by Michael Walsh KC and appeared for the Secretary of State, instructed by the Government Legal Department.
Adriatic relates to Schedule 8 to the Building Safety Act 2022. The Court of Appeal dismissed the appeal and agreed with the Secretary of State’s interpretation of Schedule 8 that the leaseholder protections applied to prevent landlords from recovering service charges incurred but not paid before 28 June 2022. A link to the judgment is here. Camilla Chorfi and Richard Miller appeared for the Secretary of State, instructed by the Government Legal Department, alongside Sir James Eadie, Michael Walsh KC, Jason Pobjoy KC, and Will Perry.
Case notes will follow.
Back to news listing
