In Edgewater (Stevenage) Limited and Others v Grey GR Limited Partnership [2026] UKUT 18 (LC), the Upper Tribunal has provided a significant decision on remediation contribution orders (“RCOs”) and dismissed the appeal brought by Edgewater (Stevenage) Limited (“Edgewater”) on all grounds.
What happened?
Edgewater raised four grounds of appeal before the Upper Tribunal in response to the First Tier Tribunal’s decision to order a RCO against Edgewater and over 70 related entitles.
What did the UPPER TRIBUNAL decide?
- The First Tier Tribunal does have the power to order a RCO against multiple associated companies to be paid jointly and severally where it is “just and equitable” to do so – meaning any one company can be required to pay the full amount.
- It can be “just and equitable” to order a RCO against associated entitles that have not undertaken any works in connection with the development or profited from it.
- The threshold for what amounts to a “building safety risk” for the purposes of a RCO has been construed widely, providing applicants with greater access to these important protections under the Building Safety Act 2022.
What can we learn from this?
This decision highlights how multiple parties can be jointly and severally liable for RCOs and sheds further light on the application of the “just and equitable” test. The case also clarifies the threshold for what amounts to a “building safety risk” and important questions regarding what might amount to a reasonable remediation scheme.
Need more clarity on building safety matters? Don’t hesitate to get in touch. Our team is on hand to offer clear and commercial legal support.
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This article contains information of general interest about current legal issues, but does not provide legal advice. It is prepared for the general information of our clients and other interested parties. This article should not be relied upon in any specific situation without appropriate legal advice. If you require legal advice on any of the issues raised in this article, please contact one of our specialist construction lawyers.
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