Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 80
The closure was therefore held to have been caused
by the landlord’s breaches and was recoverable in
damages.
Thirdly, the judgment does not set practical
distinctions between repair and remediation in the
legal analysis of obligations. Where contractual
language is su昀케ciently broad, courts may treat
large‑scale remediation as falling within ordinary
repair or compliance duties. This has immediate
implications for how contractors draft warranties,
limitation clauses, and risk allocation provisions.
Final orders
The court concluded that the landlord was in
breach of both the good condition covenant and the
legal obligations covenant. It granted an order for
speci昀椀c performance requiring removal of the ACM
cladding within six months and replacement within
eighteen months.
Finally, the reasoning on mitigation and
proportionality demonstrates judicial scepticism
toward partial solutions where signi昀椀cant life safety
risks remain. For contractors involved in remediation
packages, this emphasises the importance of holistic
design solutions rather than incremental upgrades.
Further implications
The decision has far‑reaching implications for
construction contractors, developers and building
owners.
Conclusion
First, it con昀椀rms that remediation of 昀椀re safety
defects may fall within existing contractual
frameworks without the need for bespoke statutory
intervention. Contractors involved in historic
projects may therefore face renewed scrutiny of
work carried out in accordance with past standards.
Essendi v LPC is an important decision in the
evolving landscape of building safety litigation.
It demonstrates the courts’ willingness to impose
substantial remediation obligations through
conventional contractual routes and to prioritise life
safety over cost or historic compliance arguments.
Secondly, the case illustrates that courts will assess
building safety obligations through a contemporary
lens. Materials that were compliant at the time of
installation may nonetheless render a building
non‑compliant today, giving rise to substantial
remedial obligations.
The message is clear that legacy design choices
and material speci昀椀cations remain legally and
commercially relevant long after completion and the
boundary between repair and remediation may o昀昀er
little protection where the contractual allocation of
risk is su昀케ciently broad.
Eur Ing Dr Rober t Brown
Mr. Glenn Horton
Char tered Electrical Engineer
Consultant Fire Engineers
BEng (Hons), PhD, CEng, MIET, IntPE (UK), Char tered Electrical Engineer
Chartered Fire Engineers, Chartered Members
of IFE & CABE, Prof M SFPE MEWI
Dr Rober t E Brown is an exper t witness in the fields of electrical,
electronic and control engineering.
A significant portion of my workload is comprised of numerous cases involving the
use of combustible materials in the build-up of external walls, alongside other
alleged fire safety deficiencies. My instructions generally involve compliance with
guidance, regulations and contracts, organising fire tests for systems and materials.
Achieving a first class honours degree (BEng), in Electronic Systems
and Control Engineering, a Doctor of Philosophy degree (PhD) in Electrical
Engineering, and attaining Char tered Electrical Engineer status, Dr Brown has
I specialise in the application of Part B of Building Regulations, the Regulatory
Reform (Fire Safety) Order 2005& the design and installation of fire fighting
systems in England and Wales. Taking instruction in relation to the cause, origin and
spread of fire and have worked on a number of significant matters in this field.
worked extensively within the manufacturing, utility and construction sectors,
as a consultant engineer with many large blue chip organisations and well
as small OME and star t-up companies.
I have extensive experience including the preparation of reports under CPR for
Civil and Criminal cases and an extensive CV of cases and formal instructions, as
well as attendance at court, adjudications and mediations
Rober t, as he likes to called, is an acclaimed exper t in the operation and
design of electrical fault protection systems. He also has extensive experience
in the operation, design, manufacture and testing of electrical and electronic
I have worked throughout the UK (including the Channel Isles & Scotland), Asia,
Europe and Africa. Specialising in working with clients who have fire safety issues,
whether they be civil or criminal matters.
control systems for domestic and industrial environments.
Rober t continues to work as a consultant engineer and researcher
Recent cases include: Provision of expert support arising out of construction
defects, exposing our client to potential prosecution due to alleged non-compliant
external wall build-up; expert reports following post-fire prosecution; application
to have a formal notice withdrawn, contractual disputes between landlords and
tenants.
whilst in the main, under takes to help in litigation and insurance claims
where an understanding of electrical circumstances and phenomena
are sought for settlement.
Contact: Eur Ing Dr Robert E Brown
I have been involved in fire safety since 1981, initially as fire officer, then
subsequently as a fire consultant and engineer.
Tel: +44 (0) 1777 709175
-
Mobile: +44 (0) 7976 250624
Email: rober tbrown@rober tbrown.uk.com
Alternate Email: rober t.brown@frasergeorge.com
Website: www.rober tbrown.uk.com
Alternate Website: www.frasergeorge.com
Address: Suite 5, Newcastle House, 37 Bridgegate,
Contact: HH Legal Support | Telephone: +44 (0)207 193 2990
Mobile: +44 (0)797 091 4416 | Email: glennhorton@HHlegalsupport.com
Website: www.hhlegalsupport.com
EXPERT WITNESS JOURNAL
Retford, Nottinghamshire, DN22 7UX
Area of work: Nationwide and International
78
AUGUST 2026
