Andrew Singer QC and Sarah Reid successfully challenge Building (Amendment) Regulations 2018.

Andrew Singer QC and Sarah Reid successfully challenge Building (Amendment) Regulations 2018.

Andrew Singer QC and Sarah Reid have successfully challenged amendments to the Building Regulations made in 2018 on behalf of the British Blind and Shutter Association (BBSA). The effect of the amended Regulations was to ban the BBSA’s products (blinds, shutters, and awnings) from high rise buildings. The Claimant challenged the part of the Regulation that applied to its products on the basis that the BBSA had not been consulted in accordance with the requirements of the Building Act and/or in any event properly, and also on the basis that the Regulation in question was irrational and ignored material considerations (including the absence of any evidence as to fire risk in respect of the Claimant’s products).

Following a full hearing in the London Administrative Court on 23rd October, the Judge, Steyn J upheld the BBSA’s Claim, quashed the relevant provisions of the Regulations, and awarded costs to the BBSA. The judgment is dated 21st November. The Government Department has confirmed that it will not seek to Appeal the decision.

Andrew and Sarah were instructed by Chadwick Lawrence on behalf of the Claimant

Read the judgment here.

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