O'Boyle v Wallis [2026] EWHC 1386 (Ch) (16 June 2026) - interim payment

Not the most exciting of cases concerning interim payments, but a reminder that providing reasonable evidence to obtain the interim payment you request is essential.

In O'Boyle v Wallis [2026] EWHC 1386 (Ch) (16 June 2026) the Judge was dealing with consequential matters which included deciding on the approved order and matters of costs. I've chosen to look at the interim payment aspect.

Intro

- Dispute over the payment on account owed by the Appellant for the Respondent's costs, where the Appellant was held liable for the Respondent's costs from 14 March 2025 to 18 July 2025.

- Respondent's costs schedule submitted totalled £60,652.20 (incl. VAT).

Cost Arguments

- Appellant proposed only £10,000 on account, pointing to the lack of evidence on what a third party had already paid towards wasted costs for the same period.

- Respondent sought £45,489.15 (75% of the schedule), asserting without evidence that none of the third party settlement overlapped with the costs claimed.

Judgment

- Held individual items in the schedule were not unreasonable, but the Court had two concerns:

(1) 30% of total five-year costs were claimed for just the final four months, appearing disproportionate; and

(2) No evidence was provided on the third party payment, despite the third party likely being liable for some wasted costs falling within the same period.

Held it would be unjust to order a payment risking double recovery against the unevidenced third party settlement.

- Awarded only £10,000, the modest sum proposed by the Appellant, rather than the Respondent's higher figure.