Where an offer of compromise was made under the District Court Rules before the UCPR commenced, the plaintiff is entitled to solicitor/client costs of the trial (the more favourable order under the old regime) but not automatically to indemnity costs of the appeal. To obtain indemnity costs of an appeal, a party must either make a fresh offer between trial and appeal or demonstrate unreasonable or delinquent conduct by the opposing party. A change in the legal outlook brought about by subsequent judicial decisions will not readily displace the costs consequences of non-acceptance of an offer, particularly where the plaintiff's case was distinguishable from the general line of cases affected by the legal development.
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