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

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

Permission to appeal is granted on the issue of construction of the Supplemental Agreement, specifically whether Schedule 1(a) entitles Cleveland Bridge to the agreed valuation of £32.66 million, and on the first part of the issue concerning the effect of the entire agreement clause, excluding estoppel. Applications on the factual issues of oral agreement and repudiatory breach are adjourned due to weak prospects and the need for further submissions.

Parties
Claimant/applicant: Multiplex Constructions (UK) Ltd; Defendant/respondent: Cleveland Bridge UK Ltd & Anr
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Permission to appeal granted in part; adjourned in part
Legal Topics
Repudiatory Breach of Contract, Interpretation of Supplemental Agreement, Finality of Valuation, Entire Agreement Clause
Construction Law Contract Law Repudiatory Breach of Contract Interpretation of Supplemental Agreement Finality of Valuation Entire Agreement Clause

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Parties

Multiplex Constructions (UK) Ltd

Claimant/applicant

Cleveland Bridge UK Ltd & Anr

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the oral agreement on 14 May 2004 fixed the final valuation at £32.66 million
  2. 2 Whether Multiplex was in repudiatory breach of contract
  3. 3 Proper construction of the payment provisions of the Supplemental Agreement, especially Schedule 1(a)

Ratio Decidendi

Permission to appeal is granted on the issue of construction of the Supplemental Agreement, specifically whether Schedule 1(a) entitles Cleveland Bridge to the agreed valuation of £32.66 million, and on the first part of the issue concerning the effect of the entire agreement clause, excluding estoppel. Applications on the factual issues of oral agreement and repudiatory breach are adjourned due to weak prospects and the need for further submissions.

Court Disposition

Permission to appeal granted in part; adjourned in part

Orders

  • Permission to appeal granted on issue 4 (construction of Supplemental Agreement) and part of issue 7 (entire agreement clause, excluding estoppel)
  • Application for permission to appeal on issues 6 and 8 (factual issues) adjourned