Steel firm goes to Court of Appeal to challenge key judgments made against it at Wembley trial

Former Wembley steel firm Cleveland Bridge has this week submitted its arguments challenging the judgment in its £50m legal battle with Multiplex.

Building has learned that Cleveland Bridge is using the Court of Appeal to challenge both of the two key decisions that went against it in June:

  • The judge’s ruling that a figure of £32.66m agreed for CBUK’s work to February 2004 was not final and binding
  • CBUK was in repudiatory breach of contract by walking off the site in August 2004.
It is understood that CBUK’s case for appeal hinges on an allegation that the judgment awarded by trial judge Justice Jackson ignores many of the detailed facts presented in evidence. A large part of the appeal is understood to centre on a draft certificate for the £32.66m valuation agreed with Multiplex.

The Court of Appeal must now decide whether to grant CBUK leave to appeal, a decision it is expected to make within the next six weeks.

However, a senior source close to the proceedings said: “It is an uphill battle for CBUK as the Court of Appeal is notorious for disliking fact-based cases, particularly from the Technology and Construction Court. The chances of an appeal are at best 50:50."