Back to Insights listing

PropertyWednesday 22 October 2025

Permission to appeal to the Court of Appeal has been granted in: Almacantar Centre Point Nominee Ltd v De Valk and Others

Martin Hutchings KC and Harriet Holmes, instructed by Bryan Cave Leighton Paisner LLP, on behalf of their landlord client, Almacantar, have secured permission to appeal from the decision of the Upper Tribunal (Lands Chamber) to the Court of Appeal in case of Almacantar Centre Point Nominee Ltd v De Valk and Others [2025] UKUT 298 (LC).

The appeal raises a number of fundamental issues relating to the Building Safety Act 2022 and the protections given to leaseholders in respect of service charge recovery for ‘cladding remediation’ work, including:

  • Whether cladding remediation under the Act only applies in respect of ‘relevant defects’ or whether the Act’s provisions in fact apply to a much wider class of buildings and much wider types of landlord’s repair work;
  • What the Act means in Part 5 where it refers to the un-defined terms: ‘cladding’ and ‘cladding system’; as well as the term ‘cladding remediation’;
  • What is meant by ‘unsafe’ in this context.

The Court of Appeal’s decision on each of these points will break new ground. There is no binding authority directly addressing these points.

Our previous post in relation to the Upper Tribunal’s decision, with a link to the judgment of the Upper Tribunal (Lands Chamber), may be found here:

Summary of Upper Tribunal decision

People to view:

Share by: Email

Related Insights View all thought leadership

  1. Placeholder

    Recent Cases

    Jonathan Seitler KC and Lemuel Lucan-Wilson successfully resist appeal in falcons nuisance / negligence case

    Property

    Jonathan Seitler KC | Lemuel Lucan-Wilson
    Friday 3 July 2026

    View more
  2. Placeholder

    External Conferences

    JPLA Renters’ Rights Act – Trilogy of Nuts & Bolts Seminars – Part 1

    Thursday 25 June 2026 | 6.15pm - 7.15pm
    Wilberforce Chambers, 77 Chancery Lane

    Speakers:
    Emer Murphy | Harriet Holmes

    View more
  3. Placeholder

    Articles

    Real property, real impact: What is the point of proprietary estoppel?

    Article by Alice Hawker and Benedict Evans, 22nd June 2026 This article was originally published by Estates Gazette here. “One day, all this will be yours.” In varying guises, this story is familiar: a promise of land, acted on by the... Read more

    By Alice Hawker | Benedict Evans
    Monday 22 June 2026

    View more
  4. Placeholder

    News

    Wilberforce nominated in multiple categories at Legal 500 Bar Awards

    Wilberforce Chambers is delighted to share that we have been nominated in multiple categories at Legal 500 Bar Awards including ‘Chancery Set of the Year’ and  ‘Property and Housing Set of the Year’. Congratulations to the following members of Chambers who... Read more

    Friday 12 June 2026

    View more

View all thought leadership