Cube developers crack appeal blocked by law lords

The law lords have blocked an appeal by developers Alan Chatham and Mark Billingham in a damages claim that resulted from the delayed construction of the Cube – the mixed-use extension to Birmingham’s Mailbox. The developers’ company, Birmingham Development Company (BDC), alleged that it had suffered losses of more than £45,000 per week after it had to stop demolition at the site of the 500,000 sq ft Ken Shuttleworth-designed building because of a crack in the wall of a neighbouring property. In February 2007, BDC’s nuisance claim against the owner of the building, local businessman Michael Tyler was rejected by a judge. Dismissing BDC’s appeal against that decision, in July 2008, the Court of Appeal held that although the developer had a “genuine, subjective fear” that the wall was dangerous, the wall had not in fact presented any actual danger so that BDC’s “honest fears were unfounded”. On Thursday, the House of Lords appellate committee refused leave to appeal in the case and ordered BDC to pay Tyler’s legal costs. Work on the Cube development commenced in June 2007.