Sources close to the case, which has incurred legal fees of many millions of pounds, indicated that an out-of-court settlement was again a possibility. It is believed the pair failed several times to strike an agreement in the lead-up to the hearing, which began in mid-October and was due to run until 19 December. Unilever is suing Mercury, now part of Merrill Lynch, for £130m for the poor performance of part of its pension fund in 1997 and 1998. The company has claimed the UK equity portfolio managed by Mercury was far too high-risk.