Multiplex Construction (UK) Ltd v (1) Cleveland Bridge UK Ltd (2) Cleveland Bridge Dorman Long Engineering Ltd [2008] EWHC 2220 (TCC)

If a contractor repudiates a contract at a time when the employer has already resolved to remove certain of the contractor’s obligations, and has engaged another contractor to perform those obligations, the contractor’s failure to perform those particular obligations should be disregarded when assessing damages. Although Mr Justice Jackson refused both parties leave to appeal, it is understood that Cleveland Bridge intends to apply to the Court of Appeal for permission to appeal on at least five points in the judgment. To read the judgment click here.