Multiplex Construction (UK) Ltd v Cleveland Bridge UK Ltd

Citation: CILL 2863, Court of Appeal

Nature of case:
This was the last hearing in the litigation between Multiplex Construction and Cleveland Bridge arising from the construction of Wembley Stadium.  It concerned two points: first, the costs of quantum appeals between the parties, and second, whether by reason of the failure and success in the quantum appeals, any of the earlier costs orders should be revised.  In his costs judgment, Mr Justice Jackson (as he then was) had determined that Cleveland were liable to pay Multiplex £6,154,246 including interest.

As to the costs of the appeal, the Court held that Multiplex should be awarded 25% of their costs. While Cleveland succeeded on only one ground of appeal, its financial success was greater than the five grounds of appeal upon which Multiplex succeeded.

As to the second point, the Court held that while Cleveland had succeeded to the extent they had on the quantum appeal, there should be no adjustment to Mr Justice Jackson’s costs orders. The reasons for this were that overall, Multiplex remained the successful party, and that the Court remained highly critical of Cleveland’s refusal to make any offer of settlement during the litigation proceedings.

Counsel

Lucy Garrett QC

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