Jurisdiction(s):
United Kingdom

Triathlon Homes v Stratford Village: FTT clarifies BSA 2022 remediation contribution orders - 'just and equitable' test, retrospectivity, costs including preventive measures, explanatory notes and conditional repayment

Published on: 14 February 2024

Published by a LexisNexis Property Disputes expert

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Article summary

Triathlon Homes LLP v Stratford Village Development Partnership and others [2024] UKFTT 26 (PC) (not reported by LexisNexis®UK)

What are the practical implications of this case?

Since the BSA 2022 received Royal Assent on 28 June 2022, advisers have keenly anticipated how its knottier provisions would be read by the courts in practice across disputes and regulatory contexts of real significance for those operating in building safety matters daily. From that perspective, this ruling is something of a goldmine. The FTT—after the judges swiftly reconstituted themselves, having realised that, sitting as the Upper Tribunal as intended, they lacked power to make a Remediation Contribution Order (RCO)—was confronted with a number of what could fairly be called ‘hot topics’. Chief among them, in the extensive closing part of their judgment, was an analysis of what is, and is not, pertinent when applying the ‘just and equitable’ test, the key criterion for granting an RCO under BSA 2022, s 124(1). Judicial scrutiny of that expression, which the Act leaves undefined, has been awaited with particular interest. Yet further questions emerged as well. Beyond the jurisdiction point already mentioned—neatly avoided by Judges Edwin Johnson and Martin Rodger KC by promptly reconstituting themselves as...

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