First-ever building liability order and information orders awarded under building Safety Act 2022 (381 Southwark Park Road v Click)
Construction analysis: Earlier this month, a transcript of the first (and to date, only) judgment awarding a building liability order under the Building Safety Act 2022 (BSA 2022) became available. That judgment was given ex tempore by Jefford J at a consequential hearing BLO Judgmen’) following trial in 381 Southwark Park Road RTM Company Ltd v Click St Andrews Ltd (Trial Judgment). At the consequential hearing, Mr Justice Jefford also awarded the claimants the first (and to date, only) Information Orders under BSA 2022, s 132. The Information Orders were made against multiple parties, including the defendants at trial and a third party subsidiary suspected of receiving assets at an undervalue from within the same corporate group. A far-reaching order was granted including full details of the consideration given in respect of share ownership in the subsidiary, the personal benefits received by the holding company’s shareholders and full details of the subsidiary’s current financial position. (The Information Orders judgment was transcribed separately and expected to be published imminently.) Written by Michael Levenstein, barrister at Gatehouse Chambers and member of Lexis+ Construction’s Consulting Editorial Board, who acted for the successful claimants.
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