Russell-Cooke advises leaseholders in an appeal concerning the Building Safety Act 2022
Russell-Cooke has acted for a group of leaseholders in a significant Court of Appeal case concerning who should pay for cladding remediation works under the Building Safety Act 2022 (“BSA”).
The appeal, heard on 15-16 October 2026, follows the earlier decision of the Upper Tribunal in Almacantar Centre Point Nominee No. 1 Ltd & Anor v De Valk & Ors [2025] UKUT 298 (LC), which found that service charges relating to cladding remediation costs are not payable by qualifying leaseholders.
The Court of Appeal was asked to consider the interpretation of paragraph 8 of Schedule 8 to the BSA. The outcome is expected to provide important guidance on the extent of protections available to qualifying leaseholders.
Partner Pauline Lam and associate Jodie Michael of Russell-Cooke LLP, instructing Justin Bates KC and Mattie Green of Landmark Chambers, acted for some leaseholders in the appeal.
A recording of the hearing, together with the parties' skeleton arguments and the Upper Tribunal's decision, is available via the Judiciary website here.
About Pauline and Jodie
Pauline Lam specialises in property dispute resolution and provides effective solutions for clients who encounter issues with a property element. She advises developers, institutions, businesses, charities and high net worth individuals on property disputes and avoidance.
Jodie Michael advises on service charge and ground rent disputes, breach of lease and covenant claims, applications for the appointment of a manager, enfranchisement and right to manage matters, as well as complex building safety matters.
Get in touch
If you would like to speak with a member of the team you can contact our property litigation solicitors by telephone on +44 (0)20 3826 7525 or complete our enquiry form.
