A Calderbank offer made on the Thursday before a Monday trial, with only approximately 24 hours for acceptance, and without prior disclosure of the key factual basis for the defence, is unlikely to support an indemnity costs order even where the offeree ultimately fails entirely. The case illustrates that timing, the period allowed for acceptance, and the offeror's prior conduct in the litigation are material to whether rejection of a Calderbank offer is unreasonable.
The full text is available to signed-in members, including the 123 later cases that cite this judgment.
12 of the 123 citing cases carry a classified treatment. How each court treated it is available to signed-in members.