When assessing whether a party acted unreasonably in rejecting a Calderbank offer for the purpose of indemnity costs, the court must assess reasonableness at the time the offer was made, not with the benefit of hindsight. A party who has medical evidence from eminent practitioners supporting their claim does not act unreasonably in rejecting an offer merely because that evidence is ultimately rejected at trial. A mere possibility of a causal connection is insufficient to establish causation on the balance of probabilities in medical negligence.
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