Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2006] EWCA Civ 1834 (20 December 2006)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2006] EWCA Civ 1834 (20 December 2006)

Permission to appeal is granted on the issue of construction of the Supplemental Agreement (issue 4) and the first part of issue 7, as these are important and circumscribed legal issues capable of determination without resolving complex factual disputes. Applications for permission to appeal on the remaining factual issues are adjourned, as findings of fact based on witness credibility are unlikely to be overturned without full submissions from both parties.

Citation
[2006] EWCA Civ 1834
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 Technology and Construction Court Judgment
Outcome
Permission to appeal granted on issue 4 and part of issue 7; application for permission on other issues adjourned.
Legal Topics
Repudiatory Breach, Contract Interpretation, Settlement Agreements, Valuation of Works, Entire Agreement Clauses
Construction Law Contract Law Repudiatory Breach Contract Interpretation Settlement Agreements Valuation of Works Entire Agreement Clauses

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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 Technology and Construction Court Judgment

Legal Issues

  1. 1 Whether there was a binding oral agreement on the valuation of work up to 15 February 2004
  2. 2 Whether Multiplex was in repudiatory breach of contract
  3. 3 Proper construction of the payment provisions of the Supplemental Agreement, particularly Schedule 1(a)

Ratio Decidendi

Permission to appeal is granted on the issue of construction of the Supplemental Agreement (issue 4) and the first part of issue 7, as these are important and circumscribed legal issues capable of determination without resolving complex factual disputes. Applications for permission to appeal on the remaining factual issues are adjourned, as findings of fact based on witness credibility are unlikely to be overturned without full submissions from both parties.

Court Disposition

Permission to appeal granted on issue 4 and part of issue 7; application for permission on other issues adjourned.

Orders

  • Permission to appeal granted on issue 4 and first part of issue 7 (excluding estoppel).
  • Application for permission to appeal on issues 6 and 8 adjourned.