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Isabel Hitching KC successfully acts for main contractor in key post Grenfell judgment



Isabel Hitching KC successfully acts for main contractor in key post Grenfell judgment on liability for defective cladding [2022] EWHC 3356 (TCC).

The High Court recently handed down judgment in LDC (Portfolio One) v (1) George Downing Construction Limited (2) ESL finding that the cladding of tower blocks of student accommodation in Manchester was not compliant with building regulations. Isabel Hitching KC successfully acted for the main contractor, GDCL. In an important test case post Grenfell the court held that it was the specialist sub-contractor, ESL, who should bear the cost of repair and not the main contractor. The judge found that ESL was under an absolute duty to comply with building regulations and not just to exercise reasonable care enabling GDCL to pass on the entirety of what the court held was a reasonable settlement with LDC together with all GDCL’s costs. The court also took the opportunity to review and restate the law on what constitutes a reasonable settlement.

Isabel Hitching KC was instructed by Ben Hardiman of Mills & Reeve.

A copy of the judgment can be found here.

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