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Victoria Square apartment owners given compensation appeal go ahead | Victoria Square apartment owners given compensation appeal go ahead |
(25 days later) | |
Residents were told to leave the apartments in 2019 due to structural issues | Residents were told to leave the apartments in 2019 due to structural issues |
The owners of defective apartments at Victoria Square in Belfast have been given permission to appeal their failed multi-million pound compensation claim. | The owners of defective apartments at Victoria Square in Belfast have been given permission to appeal their failed multi-million pound compensation claim. |
Residents had to leave the building in 2019 due to safety fears. | Residents had to leave the building in 2019 due to safety fears. |
Their bid for compensation was struck out as, under the law, claims must be made within six years of a building being completed. | Their bid for compensation was struck out as, under the law, claims must be made within six years of a building being completed. |
On Monday, new legislation was proposed by Communities Minister Gordon Lyons to increase this timeframe to 30 years. | On Monday, new legislation was proposed by Communities Minister Gordon Lyons to increase this timeframe to 30 years. |
A solicitor who represents the owners of 68 of the 91 apartments said on Tuesday that a challenge to that ruling is expected to be launched. | A solicitor who represents the owners of 68 of the 91 apartments said on Tuesday that a challenge to that ruling is expected to be launched. |
James Turner, of the O'Reilly Stewart law firm, said his clients had been granted leave by the High Court to appeal the judgment. | James Turner, of the O'Reilly Stewart law firm, said his clients had been granted leave by the High Court to appeal the judgment. |
The companies involved in construction and fitting out of the apartments deny liability. | The companies involved in construction and fitting out of the apartments deny liability. |
A column in Victoria Square with exposed, bent steel rods | A column in Victoria Square with exposed, bent steel rods |
Completed in 2008, the city centre apartments on Chichester Street have been empty for the past five years. | Completed in 2008, the city centre apartments on Chichester Street have been empty for the past five years. |
In April 2019, all residents were told to move out following an assessment of a structural column. | In April 2019, all residents were told to move out following an assessment of a structural column. |
Ulster Garden Villages Ltd, a charity which owns more than half the apartments, and individual owners joined forces to sue the builders and architects involved in the development. | Ulster Garden Villages Ltd, a charity which owns more than half the apartments, and individual owners joined forces to sue the builders and architects involved in the development. |
They claimed for structural defects, negligence and loss of value in a joint lawsuit, estimated to be worth up to £25m. | They claimed for structural defects, negligence and loss of value in a joint lawsuit, estimated to be worth up to £25m. |
Construction firms Farrans and Gilbert-Ash, along with architecture company Building Design Partnership, all denied any liability. | Construction firms Farrans and Gilbert-Ash, along with architecture company Building Design Partnership, all denied any liability. |
The three defendants successfully applied to have the action struck out on the grounds that it was statute barred. | The three defendants successfully applied to have the action struck out on the grounds that it was statute barred. |
Defective property law to end 'unfair disparity' | Defective property law to end 'unfair disparity' |
Victoria Square apartment owners' spirits crushed | Victoria Square apartment owners' spirits crushed |
Terminally ill apartment owner wants day in court | Terminally ill apartment owner wants day in court |
Under laws in Northern Ireland a claim for compensation must be lodged within six years of a building being completed - unlike the 30-year timeframe in England and Wales. | Under laws in Northern Ireland a claim for compensation must be lodged within six years of a building being completed - unlike the 30-year timeframe in England and Wales. |
Mr Justice Huddleston agreed to dismiss the action after finding the apartment owners had not brought their case within that limit. | Mr Justice Huddleston agreed to dismiss the action after finding the apartment owners had not brought their case within that limit. |
Stormont Communities Minister Gordon Lyons announced on Monday that new legislation will be brought forward to bring Northern Ireland into line with the law in England and Wales. | Stormont Communities Minister Gordon Lyons announced on Monday that new legislation will be brought forward to bring Northern Ireland into line with the law in England and Wales. |
With the case set to be listed for a further hearing in the Court of Appeal later in the year, no grounds of challenge have been disclosed at this stage. | With the case set to be listed for a further hearing in the Court of Appeal later in the year, no grounds of challenge have been disclosed at this stage. |
But Mr Turner added: "If this action had been brought elsewhere in the UK it would most likely not have been struck out." | But Mr Turner added: "If this action had been brought elsewhere in the UK it would most likely not have been struck out." |