Lessons From The Litigation After The Construction Of Blackburn Bus Station

The two cases of Thomas Barnes & Sons Plc (“TBS”) v Blackburn with Darwen Borough Council (“the Council”) concern the construction of the Blackburn bus station, a project marked by delays, cost overruns, and ultimately the termination of the contractor. The cases concern: the original dispute over delays and alleged wrongful termination of the bus station, culminating in the 2022 judgment; and the 2026 case, where the Council successfully obtained a non-party costs order against family members who funded the litigation.

Anyone who is considering funding litigation should take note of the second decision: it is a reminder that they may be personally liable for costs if the party they are funding cannot pay. And the two cases together also provide a useful illustration of the court’s approach to other issues: delay analysis, concurrent delay, expert evidence, and termination rights.