Judgment handed down in one of ‘The Lawyer’s Top 20 Cases of 2026’: Secretary of State for Housing, Communities and Local Government v Urban Splash Limited & Ors

A highly anticipated judgment has just been handed down by the First-Tier Tribunal, in Secretary of State for Housing, Communities and Local Government v Urban Splash Limited & Ors, one of ‘The Lawyer’s Top 20 Cases of 2026’.

The Government secures Remediation Contribution Orders against five respondents, in a total sum of £46,500,650.
The judgment deals with various important issues arising under the RCO regime, including (i) the test for relevant defect (affirming the obiter judgment in Edgewater), (ii) the extent to which it is possible to challenge the reasonableness (and cost) of the remedial works carried out , (iii) the novel issue of association under section 121(10) of the Building Safety Act 2022, and (iv) provides further importance guidance on the ‘just and equitable’ test.

Alexander Burrell and a counsel team represented the Secretary of State for Housing, Communities and Local Government, instructed by Walker Morris LLP, led by Kerry Bretherton KC of 39 Essex Chambers.