Building contractor Shepherd Construction is bringing a claim valued at almost £70m against 12 defendants, including building materials company Kingspan in the first dispute to consider the new cause of action against cladding manufacturers introduced in the Building Safety Act 2022.
The dispute concerns four cladding systems used on a mixed-use development in Colindale, London. Shepherd alleges numerous defects including that cladding and insulation products provided were non-compliant with building regulations.
The case is set to be heard in the Technology and Construction Court in an 11-week trial from October. The Court’s decision will shape the development of legal principles on fire safety issues under the new post-Grenfell regime – and will by extension help determine the number and manner of cases brought against cladding manufacturers.
For Shepherd Construction: Sean Brannigan KC and Luke Wygas (4 Pump Court) and Sarah Williams and Thomas Saunders (Keating Chambers) instructed by Mayer Brown
For Kingspan entities: Rachel Ansell KC (4 Pump Court) and Jonathan Lewis (Monckton Chambers) instructed by Fenwick Elliott
For Leach Rhodes Walker Ltd: Katie Powell (Atkin Chambers) instructed by Brabners
For Cladtech Associates: Ben Patten KC (4 New Square) instructed by Emily Monastiriotis and Jeremy Roberts (Simmons & Simmons)
For Drytech Facades Ltd: Lynne McCafferty KC (4 Pump Court) and Daniel Churcher (4 Pump Court) instructed
by CMS
For Bickerdike Allen Partners: Peter Oliver (4 Pump Court) instructed by Keoghs
For Hamilton Underwriting: Paul Cowan (4 New Square) instructed by Weightmans
For Hoare Lea entities: Adrian Williamson KC and Abdul Jinadu (Keating Chambers) instructed by Hill Dickinson
For Axis Specialty Europe SE: David Pliener KC (Gatehouse Chambers) instructed by Beale & Co
For Newline Insurance Company: Reynolds Colman Bradley
For Atrium Underwriters Ltd: Imran Benson (Hailsham Chambers) instructed by Kennedys