Wembley judge accuses both sides of wasting money

The judge in charge of the long-running High Court case between Multiplex and its steel contractor Cleveland Bridge has accused both sides of wasting time and money.

Mr Justice Jackson said the case, for which damages are due to be decided next month, could have been resolved through “commercial negotiation” in 2006.

The comments were made in a judgment released last week that denied Cleveland Bridge (CBUK) the chance to increase the value of its counterclaim by £1.2m. The judge said it was too late to amend the pleadings and introduce fresh evidence.

He said: “There have been myriad amendments, reamendments, re-re-amendments, applications, cross-applications and appeals. When one looks at the overall picture, the parties may care to reflect whether much has been achieved as a result of all these expensive endeavours.”

In the first part of the case in 2006 Jackson ruled on 10 points of principle and found that CBUK was in repudiatory breach of contract because it walked off the project in August 2004. However, Multiplex was found to be in the wrong on several more minor points.

It is normal for parties to negotiate a settlement once the points of principle have been decided in order to avoid a lengthy trial. However it appears that the parties have been unable to reach an agreement and want the court to decide the damages, in what is likely to be a three-month session.

Jackson said: “It is the wish of the parties that this court should, in effect, value every piece of steel work in Wembley stadium and every item of damages. I cheerfully undertake this task, because that is the parties' wish.”

CBUK’s legal damages liability is capped at £6m but with revaluation of its work, it is likely to face claims of up to £13m. Last summer CBUK was ordered to pay more than 80% of Multiplex’s £2.5m court costs up to that point. CBUK’s own costs were then believed to be about £3m.