WALLACE ESTATES LTD v DURKAN ESTATES LTD

[2026] EWHC 2133 (TCC), Technology and Construction Court, Constable J and Judge Siobhan McGrath, President of the First-tier Tribunal (Lands Chamber), 10 August 2026

Case management directions – First-tier Tribunal (Lands Chamber) and Technology and Construction Court joint hearing guidance given on proceedings – Remediation contribution order – Building Safety Act 2022, section 124

The present case is the first joint hearing conducted by the President of the First-tier Tribunal (Lands Chamber) ("FTT") and a judge of the Technology and Construction Court ("TCC"). The disputes concerned a remediation agreement under which the defendant property developer agreed with the claimant building owner that it would remedy, at its own cost, certain defects in the building. The claimant purported to terminate the latter agreement and took over the remediation works. The claimant then commenced proceedings in the FTT for a remediation contribution order under section 124 of the Building Safety Act 2022, while the defendant issued proceedings in the TCC in which it sought a declaration that the claimant’s termination of the Agreement was unlawful and a remedy in damages.