3rd Floor, 8 Bishopsgate, EC2N 4BQ

What was argued and what the tribunal found

The appellant sought a completion notice effective date of 19 July 2025 (25 months from practical completion on 19 June 2023), arguing that real-world logistical constraints on simultaneous fitting out of 16 floors should extend the reasonable completion period. The tribunal found that these constraints were preparatory matters falling before commencement of works on each individual floor, not incidental matters, and therefore should not extend the completion period. Applying the London Merchant Securities test, and finding that 16-20 weeks would be sufficient to fit out each floor if works started at practical completion, the tribunal upheld the completion date of 8 June 2024 (11.5 months from practical completion) as reasonable.

Summary generated from the decision text and checked against it. The appellant was MEC London Property 2 (Nominee 1) Limited & MEC London Property 2 (Nominee 2) Limited, represented.

Grounds argued

• Effective date

Evidence

Expert report

Cases cited

Porter v Gladman; Hermes Property Unit Trust v Roberts (VO); London Merchant Securities plc v Islington LBC; JLG Investments Ltd v Sandwell District Council; English Cities Fund v Standard Life; Newham LBC v Rad Phase 1 Type B Property Co No 1 Limited; Graylaw Investments Ltd v Ipswich BC; Delph Property Group Ltd v Alexander (VO)

Hearing

21 October 2024

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