ACM CLADDING RECORDS

381 Southwark Park Road RTM Co Ltd v Click St Andrews Ltd

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categoriescladding, fire-safety, TCC, building-liability-order, BSA2022, SPV

381 Southwark Park Road RTM Co Ltd v Click St Andrews Ltd

[2024] EWHC 3179 (TCC) — TCC, 11 December 2024 (Jefford J) — liability judgment
[2024] EWHC 3569 (TCC) — TCC, 19 December 2024 (Jefford J) — Building Liability Order made

Judgments: [2024] EWHC 3179 (TCC) (National Archives) · [2024] EWHC 3569 (TCC) (National Archives)

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Issue

Building Liability Order (BLO) sought against Click Group Holdings Ltd, the associated company of the original SPV developer (Click St Andrews Ltd), in connection with building safety defects. The original SPV had few assets — a classic asset-stripped special-purpose-vehicle structure.

Outcome

  • [2024] EWHC 3179 (TCC) (11 Dec 2024): Jefford J found “relevant liability” for the purposes of s.130 BSA 2022 against the original SPV, Click St Andrews Ltd.
  • [2024] EWHC 3569 (TCC) (19 Dec 2024): on the follow-on application, Jefford J granted the BLO against the associated company (Click Group Holdings) despite it not being particularly wealthy. The key factor was the original SPV’s lack of assets — reinforcing that the financial state of the “Original Body” (not the associated company) is the central consideration for whether it is just and equitable to make a BLO.

Notes

  • Court referenced Triathlon Homes v Stratford Village Development Partnership (FTT) on the “just and equitable” and “association” tests.
  • Confirms the Building Safety Act 2022’s intent to prevent well-capitalised parents hiding behind under-funded SPVs, extending to cases where the associated company itself isn’t obviously wealthy.

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