High Court Reinstates Case for Victoria Square Residents

Residents who were evacuated from a Belfast apartment complex due to safety concerns have achieved a legal victory at the High Court, securing a rehearing for their multi-million pound compensation claim. Their initial claim was dismissed in March 2024 because, under the law at that time, claims had to be initiated within six years of a building’s completion, a period significantly shorter than the 30-year timeframe in England and Wales. A new law, which aligned Northern Ireland’s regulations with those of England and Wales, came into effect in September. The companies involved in the construction and fitting out of the apartments deny liability. The Victoria Square residential development, located on Chichester Street, was completed in 2008. In April 2019, all residents were instructed to vacate the premises following an assessment of a structural column. A claim was lodged by various apartment owners against the construction firms Farrans and Gilbert-Ash, and the architecture company Building Design Partnership, citing structural defects, negligence, and loss of value. Lawyers representing Ulster Garden Villages, a charity that owns over half of the apartments, along with some other owners, argued that the claims should be reconsidered due to the change in the legislative landscape. In court on Thursday, appeal judges agreed to issue an order for the claims to be returned for further determination. Commending both sides on the resolution, Lady Chief Justice Dame Siobhan Keegan stated: “This has been a long-running case, we hope that the first instance proceedings can be taken up again as swiftly as possible.” She also inquired whether any potential mediation or arbitration process had been explored. Barrister Anna Rowan, representing some of the apartment owners, replied: “The comments are noted and provide some thoughts for the parties going forward.” Speaking after the hearing, a solicitor representing 68 of the apartment owners described them as “completely blameless victims”. James Turner of O’Reilly Stewart law firm said: “They are confident that now that the time limit issue has been overcome they will prevail in their claims.” He added: “All they have always wanted was a chance for justice.” In a statement following Thursday’s hearing, Ulster Gardener’s Village indicated that “today’s news offers both the residents and the charity renewed optimism”. The statement further conveyed: “The charity would like to take this opportunity to thank again Minister Lyons and those in the Northern Ireland Assembly for the rapid processing of the Defective Premises Bill earlier this year as well as the engaged and positive cross-party support in achieving this.” It concluded: “The charity is hopeful that the case is heard in a timely manner and that a legal remedy will be identified soon.” The apartments were completed in 2008 but have remained vacant for the last five years, as all 91 residents were instructed to vacate the premises. A claim was lodged by various owners of the apartments against the construction firms and the architecture company, for structural defects, negligence, and loss of value. Their bid for compensation was initially struck out in March 2024, but a proposed change to laws allowed them to appeal their failed multi-million pound compensation claim. Mr Justice Huddleston had agreed to dismiss the action after determining that the apartment owners had not brought their case within the stipulated limit. Communities Minister Gordon Lyons proposed a new law to extend the six-year timeframe to 30 years. In April, the owners of the defective apartments at Victoria Square were granted permission to appeal their unsuccessful multi-million pound compensation claim. The newly passed Defective Premises Act (NI) 2024 received Royal Assent and became effective in September 2024, thereby aligning the limitation period for claims brought in Northern Ireland with those in England and Wales. Jonathan Jackson, Legal Director at Gateley Legal in Belfast, commented: “I am delighted that we have achieved, through an agreed Order with the defendants in these cases, a reinstatement of our client’s High Court cases.” He added: “My clients have been through a very stressful period, with much uncertainty as to the road ahead. I am very pleased that they will now have an opportunity to bring their cases forward to be considered on their substantive merits.”