Split trial

Shepherds Investments Ltd v Walters and others [2007] EWCA Civ 292; SJ 13 April

The claimant appealed against an order reserving the issue of costs until after the outcome of an account of profits in its claim against the defendants. After a split trial the claimant had elected for an account of profits although the defendant denied that there were any relevant profits. Before the trial the claimant’s solicitors had written to the defendants’ solicitors headed ‘Part 36 Settlement Offer’, stating that the claimant would accept £1 in full and final settlement of the identified claim plus costs to the date of acceptance, which amounted to £99,230. The trial judge held that it was not a valid offer under CPR Part 36 because it included a term as to costs.