OBG Ltd & Anor v Allan & Ors

OBG Ltd & Anor v Allan & Ors

The Court of Appeal set aside the High Court's order on damages, awarding the agreed sum of £244,000 plus interest of £140,527.02. 80% of the costs of the appeal and cross-appeal were ordered to be paid by OBG to the receivers, with costs of the application for permission to appeal before Neuberger LJ left as incurred. Costs below were left to the High Court judge. Permission to appeal to the House of Lords was refused by the Court of Appeal.

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; costs and damages orders varied; permission to appeal refused.
Legal Topics
Costs of Appeal, Damages, Interest, Permission to Appeal
Civil Procedure Costs Costs of Appeal Damages Interest Permission to Appeal

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 Form of the order regarding damages and interest
  2. 2 Allocation of costs of appeal and cross-appeal
  3. 3 Costs below in the High Court

Ratio Decidendi

The Court of Appeal set aside the High Court's order on damages, awarding the agreed sum of £244,000 plus interest of £140,527.02. 80% of the costs of the appeal and cross-appeal were ordered to be paid by OBG to the receivers, with costs of the application for permission to appeal before Neuberger LJ left as incurred. Costs below were left to the High Court judge. Permission to appeal to the House of Lords was refused by the Court of Appeal.

Court Disposition

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

Orders

  • Damages set at £244,000 to be paid by OBG to the receivers.
  • Interest of £140,527.02 to be paid.