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ARTICLE · 01 NOVEMBER 2026

Is Re-litigating A DPA Claim An Abuse Of Process?

Fenwick Elliott LLP
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A Technology and Construction Court case examines whether multiple related companies can pursue separate claims under the Defective Premises Act 1972 for the same construction defects...

United KingdomLitigation, Mediation & Arbitration
Philip Hancock
Philip Hancock
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Taylor Wimpey UK Limited v (1) Taylor Woodrow Construction and (2) Vinci Construction Holding Limited

A recent case is a reminder that contractors and other construction professionals often owe a duty under the Defective Premises Act 1972 (“DPA”) to several people.

The Technology and Construction Court (TCC) recently decided a case relating to the DPA and the Building Safety Act 2022 (the “BSA”), involving claims concerning the same defects that were advanced in different proceedings by different (but connected) claimants.

The key issue was whether the court claim, advanced subsequently and by a different company, was an abuse of process where a claim in arbitration by a connected company had already been dismissed.

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