While the tragedy at Grenfell Tower and the subsequent inquiry have focused attention on issues related to defective and unsafe buildings, in particular problems with cladding, such cases are by no means unknown. Indeed, they have been the subject of court decisions for many years. There is now a renewed focus, however, and recently a number of cases have come before the courts that have been prompted or influenced by the Grenfell tragedy. Such cases will no doubt be a feature of court business for years to come. It is instructive to review some of the more recent ones to note what issues commonly arise and how the courts have been dealing with them.

The nature of such cases, relating as they often do to defects discovered many years after the building was constructed and sometimes after the original owners or developers have departed, often cause difficulties for claimants. Such difficulties often focus upon issues in relation to limitation if the claims are started close to or beyond the expiry of the relevant limitation period.   

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