A joint Calderbank offer by multiple plaintiffs for a single sum can ground an order for indemnity costs, provided the offeree had sufficient material to assess the individual claims and the combined value exceeded the offer. The failure to distinguish between claimants is not in itself a reason to refuse indemnity costs. However, where one claimant's claim remains undetermined, there is a divergence of judicial opinion on whether indemnity costs should be awarded. A Calderbank offer made at trial that has expired and is not renewed for the appeal will generally not support indemnity costs of the appeal.
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