It was suggested that ACP was allowable under this exclusion as the “laminate” in (i) of the definition was either a reference to the aluminium outer skins, or alternatively, a reference to the entire composite panel. In other words, it could not be referring to the central layer of polyethylene. Woodward J said “laminate” in C1.12(f)(i): “cannot, as a matter of construction, mean the same thing as “bonded laminated materials”— the part (“laminate”) must be something less than the whole (“bonded laminated materials”).” Woodward J then said: “the process of lamination that results in a “bonded laminated material” involves the binding or connecting together (relevantly, by an adhesive) of a succession (that is, two or more) of layers of one or more materials. Having identified the composite product in those terms, followed by the word “where” (in the sense of “in which”), I consider that the immediately following expression “each laminate” can only refer to each of the bonded layers that together comprise the “bonded laminated” Woodward J added:
“In my view, it is untenable to suggest in effect that the provisions would limit individual layers to no more than 1mm and (in the case of adhesives) to a maximum thickness of 2 mm, and ignore entirely a highly combustible layer of polyethylene with a thickness … between 3mm and 5mm” The result of this interpretation, while anticipated and perhaps predictable, is significant. The middle layer of ACP, the highly flammable “frozen petrol” polyethylene layer, had to be non-combustible for the use of ACP to be a DTS solution. Obviously, this was not the case. Therefore, ACP should never have been used as DTS external cladding in a situation such as Lacrosse. The Clause C2.4 exclusion The relevant part of clause C2.4 of Specification C1.1 of the BCA is as follows: 2.4 Attachments not to impair fire-resistance (a) A combustible material may be used as a finish or lining to a wall or roof, or in a sign, sunscreen or blind, awning, or other attachment to a building element which has the required FRL if—