Crest Nicholson Regeneration Limited & Ors v Ardmore Construction Limited (in Administration) & Ors

Crest Nicholson Regeneration Limited & Ors v Ardmore Construction Limited (in Administration) & Ors

It is just and equitable to grant both an anticipatory BLO and a BLO in respect of the Adjudicator’s Decision against the BLO Defendants. The Court has jurisdiction to make anticipatory BLOs and to attach BLOs to adjudication decisions. The facts establish that ACL is insolvent, the Ardmore Group is associated and has restructured to ringfence liabilities, and the BLO Defendants have had full opportunity to participate in the proceedings. The statutory purpose of the BSA is met by granting the orders. The objections raised by the BLO Defendants do not outweigh the factors in favour of granting the BLOs.

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
01 April 2026
Procedural Posture
Civil (building Safety Act Application) / Judgment on Application for Building Liability Orders (blos)
Outcome
Application allowed. Anticipatory and Adjudication BLOs granted.
Legal Topics
Building Liability Orders (blos), Defective Premises Act 1972, Building Safety Act 2022, Adjudication Enforcement, Corporate Restructuring and Liability, Remediation of Building Safety Defects
Construction Law Statutory Interpretation Corporate Law Building Liability Orders (blos) Defective Premises Act 1972 Building Safety Act 2022 Adjudication Enforcement Corporate Restructuring and Liability +1 more

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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

Civil (building Safety Act Application) / Judgment on Application for Building Liability Orders (blos)

Legal Issues

  1. 1 Whether it is just and equitable to grant anticipatory and adjudication-based Building Liability Orders (BLOs) under sections 130-131 of the Building Safety Act 2022 against associated companies of Ardmore Construction Limited for fire safety defects at Admiralty Quarter, Portsmouth.
  2. 2 Whether an adjudicator’s decision constitutes a 'relevant liability' for the purposes of a BLO under the BSA.
  3. 3 Whether the Court should make a BLO before the underlying liability is finally determined (anticipatory BLO).

Ratio Decidendi

It is just and equitable to grant both an anticipatory BLO and a BLO in respect of the Adjudicator’s Decision against the BLO Defendants. The Court has jurisdiction to make anticipatory BLOs and to attach BLOs to adjudication decisions. The facts establish that ACL is insolvent, the Ardmore Group is associated and has restructured to ringfence liabilities, and the BLO Defendants have had full opportunity to participate in the proceedings. The statutory purpose of the BSA is met by granting the orders. The objections raised by the BLO Defendants do not outweigh the factors in favour of granting the BLOs.

Court Disposition

Application allowed. Anticipatory and Adjudication BLOs granted.

Orders

  • Any liability that Ardmore Construction Limited may have to the Claimants under section 1 of the Defective Premises Act 1972 or as a result of a building safety risk is also the joint and several liability of each of the Fourth to Tenth Defendants.
  • The Fourth to Tenth Defendants are jointly and severally liable for the sum of £14,928,320.40 awarded against Ardmore Construction Limited in the Adjudicator’s Decision dated 29 August 2025.