Walker Morris advises Secretary of State on remediation contribution orders test case

The Secretary of State is seeking to recover approximately £50m in respect of funding which had previously been made available from the Building Safety Fund to support post-Grenfell remediation works.

Walker Morris said the claim is expected to clarify how the 2022 Act's enforcement powers are applied in practice.

It also said the case would "help shape the future landscape of building safety compliance across the sector".

The claim centres on an application from the Government for Remediation Contribution Orders under section 124 of the 2022 Act.

The claim represents one of the first occasions the Government has sought to recover Building Safety Fund expenditure directly from developers and associated parties, Walker Morris said.

The First-tier Tribunal is set to hear the claim.

Walker Morris’ team is being led by Martin McKeague, Asia Munir, and David Manda. The team has instructed Kerry Bretherton KC of 39 Essex Chambers and Alexander Burrell of 4 Pump Court to act on behalf of the Secretary of State.

McKeague said: "We're pleased to be supporting the Secretary of State, in a matter that will help clarify how the Building Safety Act's enforcement powers are applied in practice and will contribute to shaping the future landscape of building safety compliance across the sector."

Catherine Gibaud KC of Three Verulam Buildings, is acting for respondents Urban Splash Residential and Urban Splash UK Residential, alongside Robert Bowker of Tanfield Chambers, instructed by Charles Russell Speechlys.

A statement issued by Three Verulam Buildings said the claim is thought to be the "largest case of its kind to date", adding: "The respondents challenge both the factual basis of the alleged safety defects and the compatibility of the Government’s retrospective legislative powers with the European Convention on Human Rights."

Adam Carey