Victoria Square residents High Court case reinstated

Residents evacuated from a Belfast apartment block due to safety concerns have won a legal battle at the High Court to secure a rehearing in their multi-million pound bid for compensation.

Their previous claim was struck out in March 2024 as, under the law at the time, claims had to be made within six years of a building being completed - unlike the 30-year timeframe in England and Wales.

A new law, that brought Northern Ireland into line with England and Wales, came into effect in September.

The companies involved in construction and fitting out of the apartments deny liability.

The Victoria Square residential development on Chichester Street was completed in 2008.

In April 2019, all residents were told to move out following an assessment of a structural column.

A claim was lodged by various owners of the apartments against the construction firms Farrans and Gilbert-Ash and architecture company Building Design Partnership, for structural defects, negligence and loss of value

Lawyers representing Ulster Garden Villages, a charity which owns more than half the apartments, and some of the 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 make an order for the claims to be sent back for further determination.

Commending both sides on the resolution, Lady Chief Justice Dame Siobhan Keegan said: "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 asked if any potential mediation or arbitration process had been explored.

Barrister Anna Rowan, appearing for 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 who represents 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.

"All they have always wanted was a chance for justice."

In a statement following Thursday's hearing, Ulster Gardener's Village said "today's news offers both the residents and the charity renewed optimism".

"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," the statement said.

"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 empty for the last five years as all 91 residents were told 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 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 agreed to dismiss the action after finding the apartment owners had not brought their case within that limit.

Communities Minister Gordon Lyons proposed a new law to increase six year timeframe to 30 years.

In April, the owners of the defective apartments at Victoria Square were given permission to appeal their failed multi-million pound compensation claim.

The newly passed Defective Premises Act (NI) 2024 received Royal Assent and came into effect in September 2024, bringing the limitation period for claims brought in Northern Ireland into line with those in England and Wales.

Jonathan Jackson, Legal Director at Gateley Legal in Belfast, said : "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.

"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."