The Court of Appeal has today handed down judgment in Adriatic Land 5 Ltd v Long Leaseholders at Hippersley Point [2025] EWCA Civ 856. The case concerned the construction of the Building Safety Act 2022, and whether, properly construed, parts of the legislation are incompatible with Article 1 of Protocol 1 to the ECHR (“A1P1”).
The Secretary of State for Housing, Communities & Local Government intervened in the appeal, to assist the Court on the issues of construction and A1P1 compatibility.
By a majority (Newey LJ dissenting), the Court of Appeal accepted the arguments of the Secretary of State on the issue of construction.
The Court of Appeal unanimously accepted the argument of the Secretary of State that the legislation was compatible with A1P1.
Sir James Eadie KC and Jason Pobjoy KC acted for the Secretary of State.
The judgment is available here.