BDW Trading Ltd v Ardmore Construction Ltd & Ors [2025] EWHC 434 (TCC) (27 February 2025)

BDW Trading Ltd v Ardmore Construction Ltd & Ors [2025] EWHC 434 (TCC) (27 February 2025)

The statutory condition in section 132(3)(a) of the Building Safety Act 2022 is not satisfied because it does not appear to the court that ACL is subject to a relevant liability; the existence of potential or asserted liability is insufficient. Information orders cannot be made against associates (R2-4) as they are not subject to relevant liability. The application for information orders is therefore refused.

Citation
[2025] EWHC 434 (TCC)
Parties
Applicant: BDW Trading Limited; First Respondent: Ardmore Construction Limited; Second Respondent: Ardmore Construction Group Limited; Third Respondent: Ardmore Group Limited; Fourth Respondent: Ardmore Group Holdings Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Application for Information Order Under Building Safety Act 2022 / Judgment on Application
Outcome
Application dismissed
Legal Topics
Building Liability Orders, Information Orders, Defective Premises Act 1972, Section 132 Building Safety Act 2022, Corporate Associations, Disclosure of Information
Construction Law Company Law Building Safety Building Liability Orders Information Orders Defective Premises Act 1972 Section 132 Building Safety Act 2022 Corporate Associations +1 more

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Parties

BDW Trading Limited

Applicant

Ardmore Construction Limited

First Respondent

Ardmore Construction Group Limited

Second Respondent

Ardmore Group Limited

Third Respondent

Ardmore Group Holdings Limited

Fourth Respondent

Procedural Posture

Application for Information Order Under Building Safety Act 2022 / Judgment on Application

Legal Issues

  1. 1 Whether an information order can be made under section 132 of the Building Safety Act 2022 against the respondents
  2. 2 Whether the condition in section 132(3)(a) (that the body corporate is subject to a relevant liability) is satisfied
  3. 3 Whether information orders can be made against associates or only the original body with relevant liability

Ratio Decidendi

The statutory condition in section 132(3)(a) of the Building Safety Act 2022 is not satisfied because it does not appear to the court that ACL is subject to a relevant liability; the existence of potential or asserted liability is insufficient. Information orders cannot be made against associates (R2-4) as they are not subject to relevant liability. The application for information orders is therefore refused.

Court Disposition

Application dismissed