LDC v George Downing

The English High Court hands down its second reported judgment following the full trial of a building safety claim after the Grenfell Tower fire heightened concerns regarding high-rise properties in the UK.

In the recent case of LDC (Portfolio One) Limited v (1) George Downing Construction Limited and (2) European Sheeting Limited [2022] EWHC 3356 (TCC), the High Court of England and Wales handed down its second judgment of 2022 concerning defective cladding.  The decision is important for all involved in the procurement and refurbishment of high-rise residential accommodation and cladding disputes.

The Technology and Construction Court (“TCC”) is a specialist court which deals principally with technology and construction disputes.

Last year, we wrote about the TCC decision in Martlet Homes Ltd v Mulalley & Co Ltd (2022) a case that saw the first substantive claim against a building contractor regarding defective cladding to reach the High Court since the Grenfell Tower fire in June 2017.

The recent decision:

  • reinforces the TCC’s approach in Martlet: as with Martlet, the freeholder who alleged breaches of contract based on non-compliances with the Building Regulations was successful in its claim; and
  • will be of interest to any party involved in a cladding case: in common with Martlet, whilst it is not a ‘one size fits all’ judgment, it is demonstrative of a consistent approach being taken by the Courts.

For a detailed analysis of the recent decision, click: Case analysis:  LDC (Portfolio One) Limited v (1) George Downing Construction Limited and (2) European Sheeting Limited [2022] EWHC 3356 (TCC).

For further information, please contact Matthew Cocklin, a Partner in our Construction, Engineering & Procurement team.

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