CA-2025-001477 - [2025] EWCA Civ 1360

The underlying dispute concerns the discovery of fire safety and other defects at the Celestia Development in Cardiff (“the building”). The building was constructed between 2004 and 2007. Redrow Homes (South Wales) Limited were the developer and Laing O’Rourke were the design and build contractors. Redrow’s rights and liabilities now vest in the defendant (the respondent to the appeal). I shall call them “the defendant”.

The Wilsons are just two of the 41 individual lease holders at the development suing the defendant for damages. The claims are for breach of contract (in this case, breach of what are said to be implied terms in the leases), and/or for breach of the duty owed pursuant to Section 1 of the Defective Premises Act 1972 (“the DPA”).

The 42^nd claimant (“CMCL”) is the management company in respect of the development. As the judge recorded at [2] of his judgment, the defendant and CMCL have agreed a works license which will permit the defendant to carry out a comprehensive programme of remedial works. A contract in respect of those works has now been concluded. That is of some significance, because it explains why there is now no claim in these proceedings for the cost of the remedial works that will be carried out at the building.