Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd
Citation: Vol. 23 No. 4 p. 299 TCC
Nature of case:
Following the finding that Cleveland Bridge had repudiated their sub-contract on Wembley Stadium and Multiplex’s success on 10 preliminary points of the claim, Cleveland Bridge succeeded in its argument on the 11th point, being the scope and responsibility for temporary works. This is the report on the costs hearing. The court held that, while the normal rule would be that costs would be reserved where an unsuccessful party had made a Part 36 offer or payment in, in an exceptional case an immediate costs order could be made. This was such a case because the 11th point had been a new claim by Multiplex and was without legal basis.