Members of Trinity Chambers' Business and Property team, Silk Simon Goldberg K.C. and barrister Seth Kitson, have successfully secured a mandatory injunction for the total demolition of a six story block of flats in the centre of Kettering, following a three day trial in the Technology and Construction Court sitting at Birmingham before Her Honour Judge Sarah Watson.
In North Northamptonshire Council v Michigan Construction Ltd & MAX Funding, the High Court took the unusual step of injuncting the developer of the block of flats to totally demolish the building after the Court heard expert evidence indicating that the building’s foundations were too small to support its weight.
Instructed by North Northamptonshire Council, the Trinity team sought an injunction under Section 36(6) of the Building Act 1984. The case appears to be the first High Court case to consider the application of that provision.
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