A Calderbank offer that amounts to a demand for complete capitulation (such as an offer to discontinue with no order as to costs) is less likely to support an indemnity costs order, even where the offeror ultimately succeeds. The touchstone remains whether the rejecting party's refusal was so unreasonable as to warrant the order. Unanimity of judicial opinion on the merits does not of itself establish unreasonableness of refusal.
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