The PLA Midlands held a timely and practical seminar at St Philips Chambers exploring the impact of the Building Safety Act 2022 (“BSA”) on property litigation, with a focus on recent case law and the key developments to watch in 2026.
David Nuttall looked at the current tensions between service charge provisions and Schedule 8, with a practical overview of where we now are. He highlighted the state of the law on the meaning of “relevant defect” and where we might be by the end of the year.
Eloise Marriott considered remediation contribution orders (RCOs), with a particular focus on recent case law. Eloise explored how the provisions of section 124 of the BSA have been clarified and what this tells about how the power to make RCOs is likely to be exercised moving forward.
The BSA fundamentally reshaped limitation periods in construction and building safety litigation. Michelle Caney examined the scope of the new limitation regime, the practical consequences for historic and ongoing disputes, and how the courts are approaching this rapidly evolving area.