An offer of compromise made under the District Court Rules ceases to have effect once the matter moves to the Court of Appeal, and a party who wishes to secure indemnity costs on appeal is well advised to make a fresh offer of compromise in respect of the appeal proceedings. Complexity of factual or legal issues does not constitute 'exceptional circumstances' under Pt 39A r.25(4A) DCR sufficient to displace the presumptive entitlement to solicitor-client costs following an unaccepted offer.
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