A pre-trial Calderbank offer that has expired and is not renewed after judgment will rarely support an order for indemnity costs on appeal. An offer to settle 'the proceedings' may reasonably be treated as referring only to the proceedings then on foot, not to the possibility of an appeal. Where a Calderbank offer involves effective capitulation by the offeree, the offeree's reasonable prospects of success at the date of the offer are a critical factor in assessing whether rejection was unreasonable.
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