A pre-trial offer of compromise that is not renewed on appeal may still support an order for indemnity costs of the appeal where the issues on appeal are in substance the same as those at trial and any challenge to factual findings is of little substance. The rationale of the offer of compromise rules applies with significant force in such circumstances.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.