Julian Thirsk & Anor v Berkeley Homes (North East London) Limited & Anor [2026] EWHC 215 (TCC)

The court held a costs and case management conference but the parties could not agree their costs budgets, so budgeting was carried out by the judge. He worked through the phases of the litigation, comparing each side's figures for solicitors' and counsel's fees against what was proportionate and reasonable.

Mr Justice Constable reduced several of the sums put forward. For the trial phase he allowed 75,000 pounds for solicitors' fees against a much higher figure claimed, reduced excessive counsel's fees to 165,000 pounds, and arrived at a total of 285,000 pounds for that phase, together with a figure for counsel's involvement in a mediation.

The case is a routine but useful illustration of costs budgeting under the CPR: where the parties cannot agree, the court fixes phase budgets by testing the claimed figures for proportionality and reasonableness rather than accepting them as put forward.

Mr Justice Constable held on the trial-phase counsel figure: "I allow £165,000".