A Calderbank offer that proposes no more than the orders the offeror seeks in the proceedings, with no concession on costs beyond the saving of future costs, is not a genuine offer of compromise and will not attract indemnity costs. Where cross-appeals or leave applications are not decided on their merits but are rendered moot by the outcome of the principal appeal, the appropriate costs order is that each party bear its own costs rather than applying the general rule that costs follow the event.
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