ACM CLADDING RECORDS

Wilson & Others v HB (SWA) Ltd

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categoriescladding, fire-safety, court-of-appeal, DPA1972, adjudication, contractor

Wilson & Others v HB (SWA) Ltd

[2025] EWCA Civ 1360 — Court of Appeal, 29 October 2025 (Coulson, Popplewell and Phillips LJJ), on appeal from HHJ Keyser KC, [2025] EWHC 1315 (TCC)

Judgment: [2025] EWCA Civ 1360 (National Archives)

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Issue

Fire safety and other defects discovered at a high-rise residential complex in Cardiff, built by Redrow between 2004 and 2007. 41 leaseholders sued HB (Redrow’s successor entity) for breach of contract and under s.1 of the Defective Premises Act 1972.

Outcome

  • Before trial, HB agreed with the management company to carry out a comprehensive programme of remedial works — so no claims for remedial costs proceeded.
  • The Wilsons submitted a Schedule of Loss with nine heads of loss not matching those pleaded in their particulars of claim; the TCC struck out seven of these as too remote, unclear, or unpleaded.
  • TCC confirmed adjudication is available for resolving historic defect claims under the DPA, given the Building Safety Act 2022’s extended limitation periods.

Notes

  • Underscores the broad scope of adjudication clauses and the courts’ willingness to enforce adjudicators’ decisions even in complex historic disputes.
  • Gives developers/successor entities a powerful, faster enforcement tool for historic safety claims via adjudication rather than full litigation.
  • Alters risk profiles for contractors, who should ensure strong project governance to deal with historic cladding claims that may surface decades later.

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