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

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

Multiplex is the successful party as Cleveland Bridge must pay a balance to Multiplex; however, Multiplex's conduct regarding Scott Schedule 4 and failure to accept reasonable offers warrants a reduction. A proportionate costs order is appropriate: Cleveland Bridge must pay 20% of Multiplex's costs of the action, each party bears its own costs for preliminary issue 11.

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
29 September 2008
Procedural Posture
Commercial Litigation / Post Trial Costs Judgment
Outcome
Multiplex is awarded 20% of its costs of the action; each party bears its own costs for preliminary issue 11.
Legal Topics
Costs, Settlement Offers, Proportionate Costs Orders, Issue Based Costs Orders
Civil Procedure Commercial Law Costs Settlement Offers Proportionate Costs Orders Issue Based Costs Orders

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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

Commercial Litigation / Post Trial Costs Judgment

Legal Issues

  1. 1 Which party is the successful party for costs purposes
  2. 2 Appropriate apportionment of costs between parties
  3. 3 Effect of settlement offers and conduct on costs orders

Ratio Decidendi

Multiplex is the successful party as Cleveland Bridge must pay a balance to Multiplex; however, Multiplex's conduct regarding Scott Schedule 4 and failure to accept reasonable offers warrants a reduction. A proportionate costs order is appropriate: Cleveland Bridge must pay 20% of Multiplex's costs of the action, each party bears its own costs for preliminary issue 11.

Court Disposition

Multiplex is awarded 20% of its costs of the action; each party bears its own costs for preliminary issue 11.

Orders

  • Cleveland Bridge to pay Multiplex 20% of Multiplex's costs of the action, assessed on the standard basis.
  • Each party to bear its own costs in relation to preliminary issue 11.