Shepherds Investments Ltd v Walters & Ors [2007] EWCA Civ 292 (03 April 2007)

Shepherds Investments Ltd v Walters & Ors [2007] EWCA Civ 292 (03 April 2007)

The judge was entitled to exercise his discretion under CPR Part 44 to reserve the costs decision until after the account of profits, as the outcome of the account could materially affect the proper allocation of costs. The construction of the Part 36 offer was not determinative for the timing of the costs order, and the judge's approach was not plainly wrong.

Citation
[2007] EWCA Civ 292
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 (costs Order After Split Trial on Liability)
Outcome
Appeal dismissed
Legal Topics
Part 36 Offers, Discretion on Costs, Split Trials, Account of Profits
Civil Procedure Costs Part 36 Offers Discretion on Costs Split Trials Account of Profits

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Parties

Shepherds Investments Limited

Appellant/claimant

Andrew Walters & Others

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court (costs Order After Split Trial on Liability)

Legal Issues

  1. 1 Whether the trial judge erred in reserving costs after a split trial on liability rather than making an immediate order for indemnity costs in favour of the claimants based on a purported Part 36 offer.

Ratio Decidendi

The judge was entitled to exercise his discretion under CPR Part 44 to reserve the costs decision until after the account of profits, as the outcome of the account could materially affect the proper allocation of costs. The construction of the Part 36 offer was not determinative for the timing of the costs order, and the judge's approach was not plainly wrong.

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.