Multiplex Construction Ltd v Cleveland Bridge Ltd & Anor

The court has power, either explicitly or by necessary implication, to order interest on a repaid interim payment of costs under the Civil Procedure Rules. Multiplex was the successful party on appeal and is entitled to 50% of the costs of the appeal.

Parties: Appellant: Multiplex Construction Ltd; Respondent: Cleveland Bridge Ltd and Another
Jurisdiction: England and Wales
Judgment Date: 06 February 2008
Procedural Posture: Civil Appeal / Court of Appeal Judgment on Costs and Interest Following Partial Success on Appeal
Outcome: Appeal allowed
Legal Topics: Costs, Interest on Costs, Appeal Procedure, Interim Payments

Civil Procedure Construction Law Costs Interest on Costs Appeal Procedure Interim Payments

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

Parties

Multiplex Construction Ltd

Appellant

Cleveland Bridge Ltd and Another

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Costs and Interest Following Partial Success on Appeal

Legal Issues

1 Whether the court has power to order interest on an interim payment of costs to be repaid after a successful appeal
2 Which party is entitled to costs of the appeal and in what proportion

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Cleveland Bridge to pay interest on the repaid amount of £150,000 at base rate plus 1% from the date of payment in March 2007 until repayment date.
Costs below (issue 11 before Jackson J) reserved to Jackson J.