Cleveland Bridge UK Ltd & Anor v Multiplex Constructions (UK) Ltd
Multiplex remains the overall successful party despite reduced quantum; Cleveland Bridge's conduct in failing to negotiate or make settlement offers justifies maintaining the costs order. Multiplex is awarded 25% of appeal costs; no adjustment to the judge's costs order below.
- Parties
- Appellant/respondent: Cleveland Bridge UK Ltd; Appellant/respondent: Cleveland Bridge Dorman Long Engineering Ltd; Respondent/appellant: Multiplex Constructions (UK) Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 31 March 2010
- Procedural Posture
- Civil Appeal / Post Judgment Costs Determination
- Outcome
- Appeals allowed or dismissed as indicated; costs order determined.
- Legal Topics
- Costs, Quantum of Damages, Settlement Offers, Apportionment of Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Cleveland Bridge UK Ltd
Appellant/respondent
Cleveland Bridge Dorman Long Engineering Ltd
Appellant/respondent
Multiplex Constructions (UK) Ltd
Respondent/appellant
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Legal Issues
- 1 Appropriate costs order following quantum appeals
- 2 Effect of settlement offers and conduct on costs
- 3 Whether costs orders should be revised after appeal outcome
Ratio Decidendi
Multiplex remains the overall successful party despite reduced quantum; Cleveland Bridge's conduct in failing to negotiate or make settlement offers justifies maintaining the costs order. Multiplex is awarded 25% of appeal costs; no adjustment to the judge's costs order below.
Court Disposition
Appeals allowed or dismissed as indicated; costs order determined.
Orders
- Multiplex to have 25% of their costs of the appeal.
- No alteration in the judge's costs order below.
Full Case Text
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