Carlton Gate judge urges case rethink

The judge trying the œ20 million Carlton Gate case has urged the executive boards and partners of all the parties involved to consider settling out of court.

After hearing opening submissions from Mowlem and the defendants Eagle Star and Phippen Randall & Parkes, Judge Bowsher predicted that the bitter battle would go to the Court of Appeal and ultimately the House of Lords.

'The costs will be colossal,' he said. 'I would hope... the parties concerned will think very very seriously about the monies in issue.'

Judge Bowsher said he did not 'have any view at the moment as to who is likely to win this action, but it does seem... this case will not stop with my judgment.'

Because of shareholders' interests he said: 'This might be a good time to think very carefully about the future conduct of this case.'

Earlier the Court heard that Mowlem wanted to negotiate its way out of the contract at one stage because it was loss making and a source of embarrassment. Council for PRP denied the architect issued a determination certificate in bad faith, saying: 'There simply can be no dispute that, as at the 18 October 1989, Mowlem had failed to complete sections of the work by the contractual completion dates.' The case continues.