Kam Babaee, CEO of K10 Developments Ltd, has lodged an Appeal in the High Court of Justice against celebrity nail technician Leighton Denny, regarding exactly who was responsible for a defect which caused dampness in Mr Denny’s newly built home at Wellesley Road in Chiswick.
Kam Babaee has also applied to set aside statutory demand on the judgment obtained by Mr Denny pending the Appeal. The Appeal is to be undertaken for Kam Babaee by his barrister Clive Wolman, of Thomas More Chambers in London.
After hearing details of case, the courts have agreed that Kam Babaee and K10 Developments Ltd may have a valid case to set aside the demand and the case will now be progressed through the High Court over the coming months.
The Appeal against Leighton Denny follows the April 2023 ruling by Judge Richard Pearce in the High Court that Kam Babaee and K10 Group should pay Mr Denny c. £740,000 – including £180,000 in legal costs, for defects at Leighton Denny’s home at Wellesley Road in Chiswick which Mr Denny in his claim, alleged was the responsibility of Kam Babaee, Connor Construction and K10 Developments Ltd.
In fact, the house at Wellesley Road was never built personally by Kam Babaee or by K10 Developments Ltd. The house was built by Eamon O’Connor of Connor Construction in 2013-2014 and then Leighton Denny purchased the house from Kam Babaee in January 2015 once it was completed.
The house subsequently developed damp problems due to an alleged defect in the Delta damp proof membrane system of the property. During the next five years, and in particular in 2016 and 2017, Leighton Denny carried out various remedial works at the house using different contractors.
During this time Mr Denny also failed to pursue in a timely manner claims against a 10-year warranty for the Delta membrane system of which he had the benefit. It was not until July 2019 – a full four and a half years after completion of Mr Denny’s purchase of the house at Wellesley Road, before Mr Denny took any substantive steps to commence legal proceedings against any party.
Mr Denny eventually served claims against Kam Babaee, K10 Developments Limited and Connor Construction between November 2020 and March 2021. During the legal process Connor Construction filed a Defence and Denny dropped his case against them.
It is Mr Babaee’s contention that the person responsible for the alleged defects is Connor Construction not K10 Developments Ltd , his luxury development company, which never designed or built the house. Mr Babaee is now planning to issue a contribution claim in the High Court against Connor Construction to pay for the alleged defects in the damp membrane system.
The house was designed and built by Eamon O’Connor of Connor Construction who has so far escaped responsibility for the actions of his business and Mr Denny has dropped his case against them. Connor Construction continues to trade and build homes for customers.
Kam Babaee, CEO of K10 Developments Ltd said, “K10 has decided to progress with this appeal since the K10 brand has been very wrongly implicated in the case over the construction and defects at Wellesley Road in Chiswick when in actual fact K10 never built the house and CEO Kam Babaee was not involved in the design and construction of the property in any way.
“The house was built by Connor Construction with independent architects and project management signing off once it was completed. The appeal seeks to clear the good name and reputation of K10, which is a leading specialist in the development and delivery of ultra-prime residences in London’s best addresses and has never been associated with purchaser complaints or issues of this kind.”