Residents evacuated from a Belfast apartment block due to safety concerns have won a legal battle to secure a rehearing in their multi-million pound bid for compensation.
Lawsuits brought over alleged flaws in the Victoria Square complex were originally dismissed by a judge for being out of time.
But it was conceded in the Court of Appeal on Thursday that the claims based on defective premises legislation were never finally determined.
Barrister Anna Rowan, appearing for some of the apartment owners, confirmed: “That aspect is returning to the judge for a full trial on the merits.”
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The outcome is being seen as a victory in attempts to pursue the case using new laws which widens the scope for litigation in Northern Ireland.
Completed back in 2008, the Victoria Square residential development on Chichester Street has been empty for the past five years.
In April 2019 residents in all 91 apartments were told to move out following assessments of a structural column.
Ulster Garden Villages Ltd, a charity which owns more than half the flats, and individual owners joined forces to sue the builders and architects involved in the city centre development.
They claimed for structural defects, negligence and loss of value in joint lawsuits estimated to be worth up to £25m.
Construction firms Farrans and Gilbert-Ash, along with architecture company Building Design Partnership, vehemently denied any liability.
In March, the three defendants successfully applied to have the actions struck out at the High Court on the grounds that it was statute barred.
Under laws in Northern Ireland compensation claims for defective premises must be lodged within six years of a building being completed - unlike the 30 year timeframe in England and Wales.
Mr Justice Huddleston dismissed the actions after finding that the apartment owners were caught by that limit.
A challenge to that ruling was mounted at the Court of Appeal.
Meanwhile, amid widespread public sympathy for those who have lost their homes, Communities Minister Gordon Lyons moved to introduce new laws to bring Northern Ireland into line with the rest of the UK.
The Defective Premises Act (NI) 2024 has now received royal assent and come into effect.
Lawyers representing Ulster Garden Villages and some of the other owners argued that the claims should be reconsidered due to the change in the legislative landscape.
In court today 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.
Ms Rowan 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.” ends
