Court of Appeal says that Cleveland Bridge can not submit written evidence in its appeal against Multiplex's £45m Wembley victory

Former Wembley steel firm Cleveland Bridge has had its first attempt to overturn Multiplex’s victory in its £45m court case rejected by the Court of Appeal.

The Court has refused to grant Cleveland Bridge leave to appeal on the basis of written evidence submitted by the steel contractor, which in June was found guilty of repudiating its contract with Multiplex by walking offsite in August 2004. CBUK will now seek an oral hearing in an attempt to gain the right to appeal.

An oral hearing, which would be CBUK’s last chance to secure an appeal, would involve evidence from both the steel firm and Multiplex, and is likely to be heard at the end of the year.

A Cleveland Bridge spokesperson said that the firm had expected the case to go to an oral hearing due to the technical complexities of the case. He said: “We are not at all surprised by this decision. We always planned to apply for an oral hearing.”

CBUK is seeking to overturn two major rulings that went against it in the original month-long trial in June: the issue of repudiatory breach, and the decision that a valuation of £32.66m agreed for Cleveland Bridge’s work to February 2004 was not final and binding.

Multiplex declined to comment.