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Supreme Court grants permission to appeal in Abbey Healthcare case

On 21 December 2022, the Supreme Court granted permission to appeal the decision of the Court of Appeal in Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP [2022] EWCA Civ 823. The majority of the Court of Appeal (Stuart-Smith LJ dissenting) held that a collateral warranty was a construction contract within the meaning of section 104 of the Housing Grants, Construction and Regeneration Act 1996, giving a right to refer disputes under the collateral warranty to adjudication.

The appeal is an opportunity for the Supreme Court to clarify the meaning of section 104 and provide guidance on the proper interpretation of wording typically found in collateral warranties on construction projects.

Michael Curtis KC and Michele De Gregorio, instructed by VWV, act for the appellant, Simply Construct.

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