Romal Capital has succeeded in its High Court dispute with Peel L&P concerning a major waterfront development within the Liverpool Waters regeneration scheme.

The judgment, handed down on 18 November by Mr Justice Fancourt, found in Romal’s favour on key contractual issues and confirmed that the developer is entitled to significant damages, with the final amount to be determined at a further hearing before Christmas.

Damages are expected to be in the region of £10 million, though the precise figure is yet to be confirmed.

The case centred on a 2018 Agreement for Lease under which Romal was to prepare land and construct a waterfront residential scheme of at least 600 homes, subject to planning approval. Romal argued that Peel’s actions affected its ability to secure planning permission for a larger, more profitable scheme, resulting in it progressing with a smaller 330-home development instead.

Peel denied any breach and maintained that it had met its obligations, contending that planning permission for larger proposals would have been unlikely due to heritage and planning considerations.

In its judgment, the Court concluded that Romal’s planning applications for larger schemes were made in accordance with the Agreement for Lease, and that Peel had breached its contractual duties to cooperate and support Romal in the planning process.

The Court held that Peel’s actions – such as withholding information on changes to its wider masterplan and submitting applications that conflicted with Romal’s – reduced Romal’s chances of obtaining planning permission for a larger scheme. The judge assessed that Romal had lost a “real and substantial” opportunity, evaluated at 60%, to secure approval for a 646-home development or, alternatively, a 538-home scheme. As a result, damages will take into account potential profit differences, lost ground rent income prior to June 2022 legislative changes, and interest.

Greg Malouf, CEO of Romal Capital, says: “Today’s judgment enables our dedicated team to move forward with renewed energy and focus, working alongside professional partners that share our vision for excellence and our belief that great cities are built through collaboration.

“Our team of engineers, designers, and construction specialists remains committed to placemaking – creating spaces that are as inclusive and inspiring as the city they serve and love.

“We will continue building homes, improving infrastructure, and delivering projects that celebrate this great city’s heritage while shaping its future.”

A spokesperson from Peel Waters said: “We acknowledge today’s judgment and are disappointed with the outcome. We remain committed to the successful delivery of Liverpool Waters and will now take time to review the judgment in detail before considering our next steps. Our priority continues to be working collaboratively with partners to bring forward new homes, jobs and investment for the city.”

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