Rachel Coyle in Arbitration success

June 29, 2023

Rachel Coyle from Exchange Chambers has secured a comprehensive victory for her client at Arbitration.

Rachel’s client, a private individual, was involved in a long running dispute with a large London-based property developer.

The case was primarily a construction matter but also included property and commercial contract interpretation, as well as jurisdiction elements in relation to limitation in construction when dealing with alleged latent defects, and the Defective Premises Act 1972.

At Arbitration, Rachel’s client was successful on every point. The case sets an example of how developer sales agreements which cross-reference NHBC policies and/or incorporate NHBC terms, definitions or timescales, and in particular in relation to latent defects, are to be interpreted, and how they bind developers. It was decided that there was a breach of the Defective Premises Act 1972, and the property was not fit for human habitation. Reference was made to Oxford Architects Partnership v Cheltenham Ladies College [2006] EWHC 3156 (TCC), Harrison v Shepherd Homes Ltd [2011] EWHC 1811 (TCC), Andrews v Schooling [1991] 1 WLR 783 and The Larkfleet Ltd v Allison Homes Eastern Limited [2016] EWHC 195 (TCC), amongst others.

Rachel was instructed by Fleet Solicitors LLP.