The long-running Wembley litigation battle (Multiplex v Cleveland Bridge) is destined not to go away. As Construction News reported today, the Court of Appeal has given both parties permission to appeal the decision of Mr Justice Jackson, handed down at the end of September last year. (Jackson J had refused both parties’ applications for permission to appeal to the Court of Appeal.)
We understand that:
- Multiplex will be allowed to contest all four grounds of appeal, including the award of only 20% of its legal costs.
- Cleveland Bridge has been given permission to appeal three “technical points”; with three other grounds denied.
- The parties have until 10 April 2009 to file their final bundles with the court.
It seems neither party has heeded Jackson J’s comment that:
“it must be in the interests of both parties to return to their proper and primary business, rather than to go on expending endless costs and devoting a great deal of management time to this particular litigation.”
PLC Construction will continue to monitor and report on developments in the case.