Thomas Barry & Anor v Denis Barry

Thomas Barry & Anor v Denis Barry

The claimants are entitled to upward variations of their costs budget only for trial preparation (£18,000) and trial length/defence amendment (£27,500) due to significant developments and prompt application; other heads were refused for lack of promptness. The claimants, having beaten their Part 36 offers, are entitled to all CPR 36.17(4) consequences, including indemnity costs from 15 October 2021, interest at 8% above base rate on principal and costs, and the capped additional amount of £75,000, as the defendant failed to show it would be unjust. Payments on account are ordered at 55% of incurred costs, 90% of July 2022 budgeted costs, and 80% of varied budgeted costs.

Parties
Claimant: Thomas Barry; Claimant: Catherine Barry; Defendant: Denis Barry
Jurisdiction
England and Wales
Judgment Date
04 August 2025
Procedural Posture
Civil Contract Dispute / Post Trial Costs Judgment
Outcome
Claimants' application for costs variations allowed in part; Part 36 consequences awarded; payment on account of costs ordered.
Legal Topics
Costs Budgeting, Part 36 Offers, Indemnity Costs, Interest on Costs, Payment on Account
Civil Procedure Contract Law Costs Budgeting Part 36 Offers Indemnity Costs Interest on Costs Payment on Account

Case Brief

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Parties

Thomas Barry

Claimant

Catherine Barry

Claimant

Denis Barry

Defendant

Procedural Posture

Civil Contract Dispute / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to vary their costs budget under CPR 3.15A
  2. 2 Whether the claimants are entitled to the consequences of beating their Part 36 offers under CPR 36.17
  3. 3 Whether the claimants are entitled to a payment on account of costs and in what proportion

Ratio Decidendi

The claimants are entitled to upward variations of their costs budget only for trial preparation (£18,000) and trial length/defence amendment (£27,500) due to significant developments and prompt application; other heads were refused for lack of promptness. The claimants, having beaten their Part 36 offers, are entitled to all CPR 36.17(4) consequences, including indemnity costs from 15 October 2021, interest at 8% above base rate on principal and costs, and the capped additional amount of £75,000, as the defendant failed to show it would be unjust. Payments on account are ordered at 55% of incurred costs, 90% of July 2022 budgeted costs, and 80% of varied budgeted costs.

Court Disposition

Claimants' application for costs variations allowed in part; Part 36 consequences awarded; payment on account of costs ordered.

Orders

  • Costs budget varied upwards by £18,000 for trial preparation and £27,500 for trial length/defence amendment.
  • Claimants awarded indemnity costs from 15 October 2021.