EWJ August 62 2025 web - Journal - Page 86
bodies should continue to refer to existing
government guidance".
However, Monier Road demonstrates that there is still
a significant amount of uncertainty about how building safety law and regulation should be interpreted.
Until the government clarifies whether it will legislate
to clarify the position, industry is in a difficult position
to determine how the BSA should be applied in practice and will need to stay abreast of developments on
this point.
The appellant appealed against the remediation order
made by the FTT on the basis that it went outside of
its remit by raising additional concerns which were not
specified in the leaseholders' application or the expert
reports. The Upper Tribunal found that the FTT had
exceeded its discretion, as the BSA does not require
the FTT to conduct a building safety audit. The tribunal re-made the remediation order to exclude the
additional items.
Authors
Helen Waddell
Partner, UK
Helen specialises in construction disputes in the infrastructure, energy and built environment sectors
where she has a wide range of UK and international
experience. She works with clients throughout the
project lifecycle to manage risk, avoid disputes and ensure the best commercial outcome.
However, industry will be disappointed that the
Upper Tribunal did not express a view as to whether
a rooftop garden should be considered a storey under
the BSA or the HRB Regulations.
Osborne Clarke comment
As the regulator, government and courts grapple with
the plethora of building safety requirements, processes
and resourcing challenges, industry is hoping that
more clarity in a number of areas will emerge soon.
Sarah Steed
Senior Knowledge Lawyer
Sarah is a Senior Knowledge Lawyer in our Projects,
Construction, Planning and Environment team. She
provides technical support to our client-facing lawyers,
ensuring that they are kept up to date on new legal
and market developments and creating and maintaining precedent documents. She also assists team
members with technical legal issues and provides
training on law and practice.
Indeed, this year brings several building safety
developments, including the Building Safety Levy expected in autumn. Recently, the Supreme Court
handed down its long-awaited landmark judgment in
URS Corporation Ltd v BDW Trading Ltd, which brings
welcome clarity and good news for housing developers who have sought to remedy building defects
proactively.
This Insight was written with the assistance of Jessica
Sawford.
www.osborneclarke.com
Mr Simon Russett
Eur Ing MSc CEng FCIBSE FIET
Lift & Escalator Technical Expert
Simon Russett is a European Engineer and a Chartered Engineer with over 37 years of experience since 1986
in Vertical Transportation (VT). He is a fellow of the Chartered Instituted of Building Services Engineers and the
Institute of Engineering and Technology. He is a member of the Council for Tall Buildings and Urban Habitat, the
British Council for Offices and the Society of Construction Law.
He provides specialist technical expertise in all aspects of lift and escalator design, for all building types, from
concept to completion, enabling clients to achieve coordinated site wide integrated VT strategies. He has
worked on many complex projects, throughout the UK, Europe, Australia, the Middle East and the USA.
Simon has undertaken projects in most sectors including commercial offices, transport, residential, industrial,
education, healthcare, retail, leisure, sports and hotels.
He has been instructed to provide technical expert advice in VT disputes, has prepared advisory reports CPR
35 ready. Is involved with alternative dispute resolution including arbitration, mediation and adjudication.
He has attended court proceedings providing evidence and been cross examined.
Simon has appeared on TV and radio as a Lift & Escalator Technical Expert.
Offices across the UK and beyond
Area of work: Worldwide, including; United Kingdom Europe Middle East and USA
Contact: Hoare Lea LLP
Tel: +44 (0)203 668 7111 - Mobile: +44 (0)7789 171 019
Email: simonrussett@hoarelea.com
Website: https://hoarelea.com/specialism/vertical-transportation/
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AUGUST/SEPT 2025