Where a defendant makes a Calderbank offer which is not accepted and the plaintiff fails entirely, a prima facie presumption arises that the plaintiff should pay indemnity costs from the date of the offer, with the onus on the plaintiff to show why such an order should not be made. Where indemnity costs are sought against a non-party, the circumstances justifying such an order must be stronger or more compelling than those required for party and party costs against a non-party. Directors, financiers, and witnesses who support fraudulent litigation may be ordered to pay indemnity costs as non-parties where the case is exceptional and the interests of justice require it.
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