OBG Ltd & Anor v Allan & Ors [2005] EWCA Civ 172 (21 February 2005)

OBG Ltd & Anor v Allan & Ors [2005] EWCA Civ 172 (21 February 2005)

The damages and interest awarded by the judge below must be set aside and replaced with the agreed sums; costs of the appeal and cross-appeal are to be paid 80% by OBG to the receivers, with costs below to be determined by the trial judge; permission to appeal to the House of Lords is refused by this court.

Citation
[2005] EWCA Civ 172
Parties
Claimant/respondent: OBG Limited; Claimant/respondent: OBG (Plant & Transport Hire) Limited; First Defendant/appellant: Iain John Allan; Second Defendant/appellant: Michael Francis Stevenson; Third Defendant: Raymond International Limited (formerly Raymond Centriline Limited); Fourth Defendant/appellant: Penningtons
Jurisdiction
England and Wales
Judgment Date
21 February 2005
Procedural Posture
Civil Appeal / Judgment on Costs After Appeal
Outcome
Appeal allowed in part; damages and interest varied; costs apportioned; permission to appeal refused.
Legal Topics
Costs, Damages, Appeal Procedure, Interest on Damages
Civil Procedure Insolvency Costs Damages Appeal Procedure Interest on Damages

Case Brief

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Parties

OBG Limited

Claimant/respondent

OBG (Plant & Transport Hire) Limited

Claimant/respondent

Iain John Allan

First Defendant/appellant

Michael Francis Stevenson

Second Defendant/appellant

Raymond International Limited (formerly Raymond Centriline Limited)

Third Defendant

Penningtons

Fourth Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs After Appeal

Legal Issues

  1. 1 Correct amount of damages and interest to be awarded
  2. 2 Allocation of costs of appeal and cross-appeal
  3. 3 Costs order for proceedings below

Ratio Decidendi

The damages and interest awarded by the judge below must be set aside and replaced with the agreed sums; costs of the appeal and cross-appeal are to be paid 80% by OBG to the receivers, with costs below to be determined by the trial judge; permission to appeal to the House of Lords is refused by this court.

Court Disposition

Appeal allowed in part; damages and interest varied; costs apportioned; permission to appeal refused.

Orders

  • Judge's order on damages set aside; damages awarded at £244,000.
  • Interest awarded at £140,527.02.