Shepherds Investments Ltd v Walters & Ors

Shepherds Investments Ltd v Walters & Ors

The trial judge was entitled to reserve the costs decision until after the account of profits was determined. The discretion under CPR Part 44 allows postponement of costs orders in split trials, and it was not plainly wrong to do so in this case. The construction of the 9 March 2005 letter as a Part 36 offer was not determinative for the timing of the costs order and should be left to the judge deciding costs after the account.

Parties
Appellant/claimant: Shepherds Investments Limited; Respondent/defendant: Andrew Walters & Others
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Civil Appeal / Appeal From High Court on Costs Order After Split Trial on Liability
Outcome
Appeal dismissed
Legal Topics
Discretion on Costs, Part 36 Offers, Split Trials, Timing of Costs Orders
Civil Procedure Costs Discretion on Costs Part 36 Offers Split Trials Timing of Costs Orders

Case Brief

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Parties

Shepherds Investments Limited

Appellant/claimant

Andrew Walters & Others

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court on Costs Order After Split Trial on Liability

Legal Issues

  1. 1 Whether the trial judge erred in reserving costs until after the account of profits rather than making an immediate order for indemnity costs following a split trial on liability
  2. 2 Whether the claimants' letter of 9 March 2005 constituted a valid Part 36 offer

Ratio Decidendi

The trial judge was entitled to reserve the costs decision until after the account of profits was determined. The discretion under CPR Part 44 allows postponement of costs orders in split trials, and it was not plainly wrong to do so in this case. The construction of the 9 March 2005 letter as a Part 36 offer was not determinative for the timing of the costs order and should be left to the judge deciding costs after the account.

Court Disposition

Appeal dismissed

Orders

  • Claimants to pay the costs of the appeal, summarily assessed at £13,000 plus VAT, to be paid within 14 days