OBG Ltd & Anor v Allan & Ors

LORD JUSTICE PETER GIBSON LORD JUSTICE MANCE and LORD JUSTICE CARNWATH ____________________

(Transcript of the Handed Down Judgment of Smith Bernal Wordwave Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Mr. Alan Steinfeld Q.C. and Mr. Alistair Wyvill (instructed by Messrs Hammonds of Manchester) for the Respondents Mr. Gregory Mitchell Q.C. and Mr. Paul Greenwood (instructed by Messrs Reynolds Porter Chamberlain of London WC1V 7HA) for the Appellants ____________________

The result of that unusual clause is that if NWW as the Employer, having entered and expelled OBG as the Contractor, employed another contractor to do the work more cheaply than OBG, the savings thereby made by NWW became due to OBG. If the other contractor cost more, then OBG had to pay the excess to NWW.

Of those issues the first and third arise as challenges by the Receivers and Penningtons to decisions by the Judge against them while the second arises on the Claimants' Respondent's Notice challenging the Judge's decision adverse to them on that issue.