An unaccepted Order 26 offer of compromise may be taken into account in the court's general discretion as to costs even where the offer has no operative effect under Order 26 because the plaintiff failed entirely. There is no requirement that such an offer satisfy the formal requirements of a Calderbank offer (including being expressed 'without prejudice save as to costs') in order to be considered. The Hazeldene's Chicken Farm factors apply to such offers. A plaintiff's unexplained failure to call crucial witnesses, combined with a handsome offer and serious risks to the claim, may support a finding of unreasonableness warranting a special costs order.
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