Shepherds Investments Ltd v Andrew Walters – wide discretion on costs

[2007] EWCA Civ 292

Where there is a split trial and the claimant wins at the trial on liability, the judge is not required to make an immediate decision concerning the costs of that part of the trial. He may postpone making any costs order until after quantum has been determined. The claimant’s challenge to the judge’s refusal to make an immediate order for costs of the trial of the liability issues failed.