Thomas Barnes & Sons Plc (In Administration) v Blackburn with Darwen Borough Council

Thomas Barnes & Sons Plc (In Administration) v Blackburn with Darwen Borough Council

Respondents funded and stood to benefit from the litigation, with Thomas Barnes exercising substantial control; they were the real parties in critical respects, making it just to impose a non-party costs order for BBC’s outstanding costs.

Parties
Claimant: Thomas Barnes & Sons PLC (In Administration); Defendant/applicant: Blackburn with Darwen Borough Council; Respondent: Mr Thomas Barnes; Respondent: Mrs Pamela Barnes; Respondent: Mr Craig Barnes; Respondent: Mr Scott Barnes
Jurisdiction
England and Wales
Judgment Date
13 January 2026
Procedural Posture
Application for Non Party Costs Order / Judgment on Application
Outcome
Application granted; non-party costs order made against Respondents.
Legal Topics
Non Party Costs Orders, Funding Litigation by Creditors, Control of Litigation, Security for Costs
Civil Procedure Insolvency Costs Non Party Costs Orders Funding Litigation by Creditors Control of Litigation Security for Costs

Case Brief

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Parties

Thomas Barnes & Sons PLC (In Administration)

Claimant

Blackburn with Darwen Borough Council

Defendant/applicant

Mr Thomas Barnes

Respondent

Mrs Pamela Barnes

Respondent

Mr Craig Barnes

Respondent

Mr Scott Barnes

Respondent

Procedural Posture

Application for Non Party Costs Order / Judgment on Application

Legal Issues

  1. 1 Whether Respondents should be liable for a non-party costs order under s.51 Senior Courts Act 1981
  2. 2 Whether Respondents were the real parties to the litigation by funding and controlling it
  3. 3 Whether it is just to make a non-party costs order against the Respondents

Ratio Decidendi

Respondents funded and stood to benefit from the litigation, with Thomas Barnes exercising substantial control; they were the real parties in critical respects, making it just to impose a non-party costs order for BBC’s outstanding costs.

Court Disposition

Application granted; non-party costs order made against Respondents.

Orders

  • Non-party costs order against Respondents for outstanding balance of BBC’s costs on detailed assessment, joint and several liability, with Craig and Scott Barnes’ liability limited to their capacity as executors of Brian Barnes’ estate.
  • Court to hear representations and summarily assess costs of the application.