Out of time and out of pocket: The Victoria Square apartments debacle and the (empty?) promise of the Defective Premises Act (Northern Ireland) 2024

Abstract

The residents of apartments housed within the Victoria Square residential complex in central Belfast were ousted from their homes in February and April 2019 due to concerns over the safety of the building structure. In March 2024, the residents launched a joint claim for compensation under the Defective Premises (NI) Order 1975 which was struck out in the High Court by Mr Justice Huddleston applying the Limitation (NI) Order 1989.  The judgment became the subject of much media attention in Northern Ireland and ignited a swift call to action by MLAs to align the legal regime here to that in England & Wales. In September 2024, a very short statute in the form of the Defective Premises Act (NI) 2024 came into force and claimants were permitted to appeal the High Court’s ruling to the NI Court of Appeal considering the new legislation. Notwithstanding the possible revival of the claimants’ case, this commentary demonstrates how the 2024 Act falls short in many aspects due to its rushed inception and scant provisions; it is not a silver bullet for these types of claims in Northern Ireland.