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Building Law Monthly

Building Safety Act: FTT and TCC joint hearings

Wallace Estates Ltd v Durkan Estates Ltd [2026] EWHC 2133 (TCC) is a case of some significance in so far as it is the first joint hearing of the President of the First-tier Tribunal ("FTT") (Lands Chamber) and a judge of the Technology and Construction Court ("TCC") in which Judge Siobhan McGrath and Constable J took the opportunity to provide guidance as to how FTT and TCC proceedings are to be managed. The broad aim of the guidance is to "promote consistency of approach" to issues arising under the Building Safety Act 2022 (the "2022 Act") across the TCC and the FTT, in particular in relation to "consistency of factual findings, the avoidance of duplicated evidence and cost, and a single, or joint, judicial mind across both sets of proceedings".

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