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

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Julian Thirsk and Emma King v Berkeley Homes (North East London) Limited and another
[2026] EWHC 215 (TCC) | Technology and Construction Court, London
Before Mr Roger ter Haar KC, sitting as a Deputy High Court Judge | Decision on the papers | Handed down 5 February 2026
Knowledge Check
Costs budgeting, proportionality and phase-by-phase revision

This Knowledge Check examines the court's determination of the defendants' disputed costs budget in a residential defects claim. The claimants' budget had been agreed, but the defendants proposed estimated costs exceeding GBP 2.13 million.

The court applied the costs-management rules by considering the reasonable and proportionate total for each phase rather than conducting a detailed assessment or fixing hourly rates. The defendants' overall budget was almost twice the sum claimed and approached twice the claimants' agreed budget.

The judgment revised the allowances for witness statements, expert reports, the pre-trial review, trial preparation, trial, alternative dispute resolution and a contingent application. The parties were directed to submit updated budgets reflecting the rulings.

This Knowledge Check covers
  • The residential defects claim and sums sought
  • The applicable costs-management principles
  • The comparison between the parties' budgets
  • The finding of prima facie disproportionality
  • Witness-statement and expert-report allowances
  • Pre-trial review and trial-preparation costs
  • The trial-phase allowance
  • Alternative dispute resolution costs
  • The contingent further-information application
  • Updated budgets and costs in the case
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This Knowledge Check is provided for educational and professional development purposes only and does not constitute legal advice. The content reflects interpretations and analyses that may not apply to specific circumstances. Contract interpretation depends on specific wording, jurisdiction, and factual context. Always consult qualified legal professionals before making decisions based on this content. SCCSI and its contributors accept no liability for reliance on this material.