Retired solicitor in court battle over homes with defective cladding

Martin Shipton

A retired solicitor who is one of the main campaigners against a developer who built apartment blocks with structural problems is facing a court hearing to strike out his legal claim.

Gareth Wilson, who until recently owned two flats in the Celestia complex in Cardiff Bay, will oppose Barratt Redrow in a High Court case held remotely on May 8.

Tests carried out in 2019 found faults at the complex, including “very poor or non-existent” fire barriers between flats and cladding, and insulation that did not meet standards.

Since then residents have been fighting the housebuilder to carry out the repairs amid a dispute over who would pay.

Compensation

Mr Wilson, however, has gone a step further, arguing that the value of his flats has depreciated because of the structural faults, and that he deserves to be compensated accordingly.

He told Nation.Cymru: “Like many other owners, the value of my flats has gone down considerably because of the building’s problems. Some have gone bankrupt, having been trapped in properties they cannot sell at any price.

“We have now handed over ownership of both flats to our daughters, both of whom live in London.

“I am representing myself and believe I have a good chance of winning the case. If I don’t, the costs awarded against me will amount to tens of thousands of pounds.

“It’s an important case and could set a precedent for other residents in a similar position.”

Key figure

Mark Thomas, who leads the campaign group Welsh Cladiators, said: “This is the second time Barratt Redrow have sought to strike out a claim against Celestia leaseholders. They previously failed in May 2022.

“Gareth Wilson has since 2019 been the key figure in the campaign to get Redrow – now Barratt Redrow – to remediate our serious fire and build defects at developments at Celestia, which has 457 leaseholders. The dispute extends as far back as 2010 and was supercharged by the discovery of serious fire defects and subsequent building defects post the Grenfell tragedy.

“It is believed that Mr Wilson’s case may have very wide implications for many other leaseholders who have had to sell up their homes at huge losses ahead of any fire remediation or building defects taking place.

“Interestingly, Barratt Redrow has not made a similar strike out claim against some 40 other Celestia leaseholders who are making another claim for the costs and compensation associated with the long running defects. It is also believed that another 100 leaseholders are also waiting to join the claim.

“The case has strong parallels with the Post Office submasters, as it involves small groups of innocent citizens challenging large and powerful corporations. Mr Wilson commands huge respect among Celestia leaseholders for his selfless commercial and legal leadership over many years. He is widely regarded by many victims as a Welsh Mr Bates, in that he has dared to challenge the power of the developers over many years. The fact Barratt Redrow are targeting the key figure in the long running Celestia proceedings has angered many victims.

“Thousands of Welsh leaseholders and major developers will be watching the outcome very closely.”

Contract

Meanwhile Mr Wilson and Mr Thomas have, on behalf of other residents who are members of the Celestia Management Company, signed a contract with Barratt Redrow that will finally ensure remediation takes place.

The agreement details the work to be undertaken:

Full replacement of the timber cladding on all buildings on the Celestia development (Blocks A-F) which will include:

a. New flashings and sills.

b. Removal of existing timber cladding insulation and framework.

c. Inspect window and opening interfaces for integrity repair where necessary.

d. Replace membranes.

e. Make good any damage to the sheathing board.

f. Install vapour check to the face of the sheathing board.

g. Install metal helping hands and cladding framework

h. Install – non-combustible insulation such as rockwool insulation to be installed

i. Install – Cavity barriers (minimum 30 mins fire resistance) including around openings

(windows and doors) and edges of cavities.

j. Install – Cavity barriers (minimum 30 mins fire resistance) at service penetrations.

k. Install – Vertical full fill cavity barriers (minimum 30 mins fire resistance) on the line of compartment walls.

l. Install – Horizontal open state cavity barriers (minimum 30 mins fire resistance) to be installed on compartment floors.

* Full Replacement of the render system on all buildings on the Celestia development (Blocks A-F) which will include:

a. Full removal of all render and all existing insulation: ‘StoTherm Mineral’ or acceptable equivalent.

b. Replacement waterproof membranes around windows and openings

c. Use of coloured proprietary insulated render system.

d. Inclusion of mastic junction of all openings (window, door, louvres etc) frame to reveal (all sides) including under cills and junction of cill upstand to render return.

Replacement Roof Anchors.

Replacement of the parapet capping.

A spokesperson for Barratt Redrow said: “We’re pleased to have signed the contract with Celestia Management Company and look forward to getting underway with works for the benefit of residents.

“We are unable to comment on a matter of ongoing litigation.”