39th Floor, 8 Bishopsgate, EC2N 4BQ

What was argued and what the tribunal found

The appellant contended that completion notices served on 16 floors specified a completion date of 8 June 2024 that was too early, having regard to real-world logistical constraints on fitting out multiple floors simultaneously within the building. The tribunal held that such constraints were merely preparatory matters to the commencement of works on each individual floor and not incidental to the works themselves, following the test in London Merchant Securities plc v Islington LBC. Therefore, each floor should be treated separately; since fit-out would take 16-20 weeks and the completion date was 11.5 months after practical completion, it was reasonable. The appeals were dismissed.

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, Measurement survey

Cases cited

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

Hearing

21 October 2024

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