A pre-trial offer of compromise is a relevant but not determinative consideration in the exercise of the Court's general costs discretion on appeal; it does not automatically entitle the offeror to indemnity costs of the appeal, particularly where the offer was made years before the appeal and no further offer was made after judgment at first instance. The 14-day time limit in UCPR r 36.16(3A) for filing a motion to vary an entered judgment cannot be extended under r 36.16(3C), even by consent.
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