A Calderbank offer involving a discount of approximately 20% on the total claim (including interest) constitutes a genuine compromise warranting indemnity costs, while a discount of less than 2% is arguably not a genuine compromise at all. Offers of compromise made in lower court proceedings may be relevant to costs in the Court of Appeal but will be given little weight where the offer was marginal, time has passed, and the offeror received an adverse judgment below. A 21-day offer period may be reasonable under UCPR r 20.26(7)(b) where the offer is made within two months of the hearing date.
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