Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor

Amendments to claims 3 and 4 of schedule 4C are refused due to serious prejudice to Cleveland Bridge, lack of clarity, and the late stage of the trial. Amendments to rates and inclusion of a 10% mark-up are allowed as they do not cause undue prejudice. Amendment to include unspecified expenses is refused for lack of particulars.

Parties
Claimant/part 20 Defendant: Multiplex Constructions (UK) Limited; First Defendant/part 20 Claimant: Cleveland Bridge UK Limited; Second Defendant: Cleveland Bridge Dorman Long Engineering Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Civil (construction Dispute) / Interlocutory Application to Amend Pleadings During Trial
Outcome
Application to amend allowed in part, refused in part
Legal Topics
Amendment of Pleadings, Damages, Case Management, Disclosure
Civil Procedure Construction Law Amendment of Pleadings Damages Case Management Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Multiplex Constructions (UK) Limited

Claimant/part 20 Defendant

Cleveland Bridge UK Limited

First Defendant/part 20 Claimant

Cleveland Bridge Dorman Long Engineering Limited

Second Defendant

Procedural Posture

Civil (construction Dispute) / Interlocutory Application to Amend Pleadings During Trial

Legal Issues

  1. 1 Whether to permit amendments to schedule 4C of the Scott Schedule during trial
  2. 2 Whether the proposed amendments cause undue prejudice to the opposing party
  3. 3 Whether late disclosure of rates and expenses should be allowed

Ratio Decidendi

Amendments to claims 3 and 4 of schedule 4C are refused due to serious prejudice to Cleveland Bridge, lack of clarity, and the late stage of the trial. Amendments to rates and inclusion of a 10% mark-up are allowed as they do not cause undue prejudice. Amendment to include unspecified expenses is refused for lack of particulars.

Court Disposition

Application to amend allowed in part, refused in part

Orders

  • Amendments to claims 3 and 4 of schedule 4C refused
  • Amendments to rates and 10% mark-up in schedule 4C allowed