A composite or conditional offer of compromise, where the offer to one party is inter-dependent with an offer to another, is capable of engaging the indemnity costs rule under Part 19A r9(5) of the District Court Rules. The difficulty of the underlying case does not, without more, justify the Court exercising its discretion to 'otherwise order' so as to deny indemnity costs, particularly where the offeree's response was complete silence.
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