When comparing an offer of compromise with the judgment obtained, costs incurred to the date of the offer are not to be included in the comparison; the rules separately provide for costs consequences. Where an offer of compromise was made under the District Court Rules before the UCPR commenced, the court may dispense with UCPR costs consequences under Sch 6 cl 5(2) of the Civil Procedure Act 2005, but the party obtaining the benefit of the old regime is also subject to the old regime's stricter threshold for departing from default costs consequences.
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