The costs team at Kings Chambers consider the lessons to be learned from the Multiplex costs ruling
Of the current reviews taking place into litigation funding, arguably the most high profile is the one to be performed by Lord Justice Jackson. He has been tasked by the Master of the Rolls to conduct a “fundamental” (according to the Judicial Communications Offi ce news release) review of litigation funding. The terms of reference require a report by 31 December 2009.
With that in mind, Jackson J’s (now Jackson LJ) judgment in Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd and another (No 7) [2008] EWHC 2280 will no doubt carry substantial persuasive weight, despite the fact that it is a first instance decision.
The background
In substantial litigation related to the steelwork involved in the construction of the new Wembley Stadium, Jackson J delivered judgment on a number of preliminary issues on 05/06/06. Thereafter, the judge was of the view that the parties could have immediately embarked upon sensible negotiations and rapidly resolved the entire litigation,
