Thomas Barnes & Sons Plc (In Administration) v Blackburn with Darwen Borough Council [2026] EWHC 24 (TCC)

The defendant council applied for a non-party costs order under section 51 of the Senior Courts Act 1981 against the respondents, seeking to recover from them the costs it was owed by the insolvent claimant company.

HHJ Stephen Davies worked through the factors relevant to the discretion to make a non-party costs order. He held that this was not a case where the public interest told against such an order, and concluded that it was just to make a non-party costs order against the respondents in appropriate terms, covering the outstanding balance of any costs found due to the council on assessment if not agreed.

The case is an application of the section 51 jurisdiction to make those who fund or stand behind litigation answer for the costs when the named party cannot pay. It shows the court weighing the relevant factors and, where it is just, extending liability for costs beyond the parties on the record.

HHJ Stephen Davies held that "it is just that there should be a NPCO made against the Respondents".