Multiplex Construction (UK) Limited v Cleveland Bridge UK Limited

"The final result of this litigation is such that (when costs are taken into account) neither party has gained any significant financial benefit." HH Mr Justice Jackson

The results of the long running dispute between Multiplex Construction (UK) Limited (Multiplex) and Cleveland Bridge UK Limited (Cleveland) are finally in! HH Mr Justice Jackson handed down a 226 page judgement on 29 September 2008. The bottom line is that Cleveland is to pay Multiplex circa £6m in damages. But with the costs of the litigation amounting to circa £14m since the preliminary issue hearings in 2006 (the costs of photocopying alone approaching £1m) they have far exceeded the sums seriously in dispute between the parties. So, with the disproportionate balance between damages recovered and legal costs incurred, could and should the parties have prevented the dispute running to final trial?