Where a respondent to an appeal makes an offer of compromise after the notice of appeal and before the hearing, both parties are taken to be familiar with the evidence and issues, and an appellant will rarely be able to assert lack of awareness of the issues as an exceptional circumstance justifying failure to accept the offer. The transitional provisions in the Civil Procedure Act 2005, Sched 6, cl 5 apply the UCPR to the costs consequences of failure to accept an offer made under the SCR, but both sets of rules are in substantially the same terms regarding indemnity costs.
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