An 'all in' settlement offer inclusive of costs constitutes a valid Calderbank offer provided it is expressed to be without prejudice save as to costs. The court endorsed the approach that where a Calderbank offer is not bettered, there is a predisposition to award indemnity costs unless the offeree shows good cause. The fact that an offer was open for only six days (rather than the 14 days required under the Rules) and required the offeree to assess the value of the claim and costs does not entitle the offeree to ignore the offer, particularly in long-running litigation where experienced practitioners can readily assess the offer's value.
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