Crest Nicholson Regeneration Ltd & Ors v Ardmore Construction Ltd & Ors [2026] EWHC 1069 (TCC) (08 May 2026)
Permission to appeal was refused as there was no real prospect of success on any ground and no compelling reason for appeal; the BLO Defendants failed to establish inability to pay or exceptional circumstances for a stay or extended time to pay; Crest is entitled to interest at 5% from 5 September 2025 to date; Crest is awarded 100% of its costs, to be assessed if not agreed.
- Citation
- [2026] EWHC 1069 (TCC)
- Parties
- Claimant: Crest Nicholson Regeneration Limited; Claimant: Crest Nicholson (South) Limited; Claimant: Crest Nicholson Operations Limited; Claimant: Crest Nicholson PLC; Defendant: Ardmore Construction Limited (in administration); Defendant: David Richmond and Partners Limited; Defendant: Yuanda (UK) Co. Limited; Defendant: Ardmore Construction Group Limited; Defendant: Ardmore Group Limited; Defendant: Ardmore Group Holdings Limited; Defendant: Paddington Construction Limited; Defendant: Ardmore Fitout Limited; Defendant: Celebration Homes Limited; Defendant: Byrne Properties Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 08 May 2026
- Procedural Posture
- Application for Consequential Orders Following Judgment on Building Liability Orders (blos) Under the Building Safety Act 2022 / Post Judgment; Determination of Permission to Appeal, Stay of Execution, Time to Pay, Interest, and Costs
- Outcome
- Permission to appeal refused; application for stay of execution refused; application for extended time to pay refused; interest and full costs awarded to Crest.
- Legal Topics
- Building Liability Orders, Building Safety Act 2022, Defective Premises Act 1972, Stay of Execution, Interest on Judgment, Costs, Permission to Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Crest Nicholson Regeneration Limited
Claimant
Crest Nicholson (South) Limited
Claimant
Crest Nicholson Operations Limited
Claimant
Crest Nicholson PLC
Claimant
Ardmore Construction Limited (in administration)
Defendant
David Richmond and Partners Limited
Defendant
Yuanda (UK) Co. Limited
Defendant
Ardmore Construction Group Limited
Defendant
Ardmore Group Limited
Defendant
Ardmore Group Holdings Limited
Defendant
Paddington Construction Limited
Defendant
Ardmore Fitout Limited
Defendant
Celebration Homes Limited
Defendant
Byrne Properties Limited
Defendant
Procedural Posture
Application for Consequential Orders Following Judgment on Building Liability Orders (blos) Under the Building Safety Act 2022 / Post Judgment; Determination of Permission to Appeal, Stay of Execution, Time to Pay, Interest, and Costs
Legal Issues
- 1 Whether permission to appeal should be granted on the making of anticipatory and adjudication BLOs
- 2 Whether a stay of execution or time to pay should be granted to the BLO Defendants
- 3 Whether Crest is entitled to interest on the adjudication sum
Ratio Decidendi
Permission to appeal was refused as there was no real prospect of success on any ground and no compelling reason for appeal; the BLO Defendants failed to establish inability to pay or exceptional circumstances for a stay or extended time to pay; Crest is entitled to interest at 5% from 5 September 2025 to date; Crest is awarded 100% of its costs, to be assessed if not agreed.
Court Disposition
Permission to appeal refused; application for stay of execution refused; application for extended time to pay refused; interest and full costs awarded to Crest.
Orders
- BLO Defendants must pay the adjudication BLO sum within 14 days of judgment
- Interest at 5% from 5 September 2025 to date awarded to Crest
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