Adam Benedict makes legal history by obtaining the first Building Liability Order under s130 of the Building Safety Act 2022

Adam Benedict and Michael Levenstein of Gatehouse Chambers have secured the first Building Liability Order under s130 of the Building Safety Act 2022.

In an ex tempore judgment handed down at a consequential hearing on 19 December 2024, Mrs Justice Jefford DBE, having recently found in favour of the claimants in the matter of 381 Southwark Park Road Rtm Company Ltd & Ors v Click St Andrews Ltd (in liquidation) & Anor [2024] EWHC 3179 (TCC), ordered that a Building Liability Order be made against Click Group Holdings Limited, the ultimate parent company of Click St Andrews Ltd, against whom a finding of a “relevant liability” under s130 of the Building Safety Act 2022 had been made in Her Ladyship’s judgment of 11 December 2024, found here. 

In short, this means that an ultimate parent company has been found liable for a “building safety risk” (that is, a risk concerning the fire and structural safety of a building) caused by a subsidiary company within its corporate group.

This is a significant development for the construction industry, and so we shall provide updates as to the details of the judgment and its wider implications in due course.