Martlet Homes Ltd v Mulalley & Co Ltd
[2022] EWHC 1813 (TCC) — TCC, 15 July 2022 (HHJ Stephen Davies)
Judgment: [2022] EWHC 1813 (TCC) (National Archives)
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Issue
EPS insulation and defective fire barriers in an external wall insulation (render) system on five 1960s residential tower blocks in Gosport. First post-Grenfell civil liability trial on cladding to reach the TCC.
Outcome
Contractor liable in full for the cost of the replacement cladding system and waking watch costs.
Correction
This note previously stated the trial judgment was upheld on appeal at “[2024] EWCA Civ 1071”. That citation does not exist (checked against caselaw.nationalarchives.gov.uk, which returns no such judgment), and no further search turned up any appeal of the July 2022 trial judgment on its merits. The only Court of Appeal decision found in these proceedings is [2022] EWCA Civ 32 (24 January 2022) — a pre-trial ruling by Coulson, Baker and Andrews LJJ allowing Martlet to amend its pleadings out of time to add the defective-specification claim; it is not an appeal against the trial outcome. Treat the trial judgment as unappealed unless a further search turns up otherwise.
Notes
- TCC took a strict view of compliance with the Building Regulations in force at the time of construction.
- Recoverability of waking watch costs confirmed.
- Judge emphasised the decision turned on the facts of this individual wall system, contract, and Building Regulations in force at the time.
- Feeds into the later contribution claim against the render manufacturer — see Mulalley v Sto.