Victoria Square Belfast: Distressed residents in race against time over paying their own legal costs plus those of builders and architects

Owners of the troubled Victoria Square apartments in Belfast are in a race against time to see changes to compensation law - or potentially face footing enormous legal costs for both for themselves and builders and architects behind the complex.
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Owners of 91 apartments were evacuated in 2019 due to concerns about a key support column.

Last week they lost a bid for compensation from the builders Farrans Construction and Gilbert & Ash and architects Building Design Partnership (BDP) – who all strongly liablity.

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The High Court said they had passed the six-year legal limit for such cases to be heard.

A general view of the defective apartments at Victoria Square in Belfast City Centre, in centre of the photo in red brick. Owners had to leave the building in 2019 due to structural failings and have recently had their bid for compensation struck out of court. Photo by Jonathan Porter/Press EyeA general view of the defective apartments at Victoria Square in Belfast City Centre, in centre of the photo in red brick. Owners had to leave the building in 2019 due to structural failings and have recently had their bid for compensation struck out of court. Photo by Jonathan Porter/Press Eye
A general view of the defective apartments at Victoria Square in Belfast City Centre, in centre of the photo in red brick. Owners had to leave the building in 2019 due to structural failings and have recently had their bid for compensation struck out of court. Photo by Jonathan Porter/Press Eye

In England the deadline for such cases was extended to 30 years after the Grenfell Tower disaster.

Trevor and Gill McCrory, who own one of the apartments, say that residents had already run up almost £500,000 in legal costs before last week's hearing.

They say residents now face paying not only their own legal costs but also those of the builders' and architects' legal teams.

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Trevor speculates this could be much larger than their own costs, as each of the three opposing parties have their own individual legal teams.

Warnings at the defective apartments at Victoria Square in Belfast City Centre. Owners had to leave the building in 2019 due to structural failings and have recently had their bid for compensation struck out of court. Photo by Jonathan Porter/Press Eye.Warnings at the defective apartments at Victoria Square in Belfast City Centre. Owners had to leave the building in 2019 due to structural failings and have recently had their bid for compensation struck out of court. Photo by Jonathan Porter/Press Eye.
Warnings at the defective apartments at Victoria Square in Belfast City Centre. Owners had to leave the building in 2019 due to structural failings and have recently had their bid for compensation struck out of court. Photo by Jonathan Porter/Press Eye.

The only way they can avoid being liable for the total bill right now to date is to lodge an appeal, they say.

"Unless we appeal - and the appeal is going to cost us a fortune anyway - we will immediately be liable for everyone's legal costs," Gillian said.

"And unless Stormont changes the law to extend the six year legal limit for compensation, we will likely lose the appeal anyway," Trevor adds.

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The deadline for the residents to decide whether to appeal the outcome is 3 April.

The case could then be heard some six months later.

However, unless Stormont extends the compensation deadline before it comes to court, they will automatically lose again - and then be liable for a whole new raft of legal costs for both sides on top of the costs incurred to date.

"On a positive note, it appears that our appeals for Stormont to change the law appear to be gaining traction. But the law must be changed before the appeal date expires," Trevor said.

"But if we appeal and the law has not been amended before the appeal case is heard, the judge will have to dismiss the appeal exactly as he did last week. Then we would be completely stuffed financially."

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Even if Stormont amends the law in time, there is still no guarantee that the resident will win.

One other option is for the residents to pay everyone's costs to date and then bring a fresh case when they know for certain that the deadline for claims has been extended, he says.

However, that also brings a risk that they might not be able to recover everyone's costs to date, which they would have already paid.

"Then the judge could actually hear our evidence for the first time, but either way we are taking further significant financial risk."

Farrans Construction, Gilbert & Ash and Building Design Partnership (BDP) were all invited to comment on the residents having to cover everyone’s legal costs.