Oliver Park writes for Estates Gazette on a recent rebuke to the FTT over its management of a remediation order case
In Monier Road Ltd v Blomfield and others [2025] UKUT 157 (LC); [2025] EGCS 95 (frequently referred to as Smoke House after one of the buildings involved), the Upper Tribunal delivered a firm rebuke to the First-tier Tribunal and its management of a remediation order case under the Building Safety Act 2022 ("the 2022 Act").
The decision of the FTT was best known for the significant doubt it had cast on the approach to measuring “higher-risk buildings”, as the tribunal had disagreed with government guidance on this very important part of the 2022 Act.
Oliver Park, Associate in our Real Estate Disputes team, unpicks the case in an article for Estates Gazette. The piece explores:
- Details of the decision: The FTT had effectively raised and decided an issue without giving the parties a propert opportunity to make submissions, which was found to be a "serious procedural irregularity" and "a breach of natural justice".
- Implications: The decision makes clear that 2022 Act cases are not a category of special case. It also underscores the importance of expert evidence.
- Clarity on higher-risk buildings: The FTT made comments about whether the building in the case was an HRB for the purposes of the 2022 Act. The FTT noted it had no jusrisdiction to decide this issue, but decided to venture an opinion anyway. This caused widespread confusion across the industry.
Read the full article in Estates Gazette here (subscription required).
