Judgment handed down in Secretary of State for Housing, Communities and Local Government v Urban Splash Ltd & Ors
6th November 2026
Judgment was handed down yesterday in Secretary of State for Housing, Communities and Local Government v Urban Splash Limited & others [2026] UKFTT 01426 (PC). This is one of the most significant cases under the Building Safety Act 2022 to date.
The UK government sought a number of remediation contribution orders against numerous respondents in the largest claim brought under this jurisdiction to date. The case was identified by The Lawyer as one of the ‘Top 20 Cases of 2026’. The case raised a number of novel points of law which were considered by the Tribunal for the first time.
Following a seven-week trial, the First-tier Tribunal’s decision deals with numerous issues, including the test for association, the test for relevant defects, and the extent to which the Tribunal should consider human rights jurisprudence when consider the ‘just and equitable’ stage.
Six members of 39 Essex Chambers were involved.
· Kerry Bretherton KC, Hannah Fry and Samuel Moss, instructed by Walker Morris LLP, appeared for the Applicant (the Secretary of State for Housing, Communities and Local Government).
· David Sawtell KC and Nyasha Weinberg were led by Nicholas Dennys KC of Atkin Chambers and instructed by RPC LLP, appeared for the first to fourth respondents (including the original developer).
· William Charlesworth was instructed under the Bar’s Public Access scheme to appear on behalf of the fifth respondent, and was also instructed by RPC LLP to appear on behalf of the sixth and eleventh respondents.
The judgment is available at https://www.judiciary.uk/judgments/housing-secretary-v-urban-splash-ltd-and-others/
