A Calderbank offer that involves only a de minimis financial concession relative to the amount in dispute (here, $5,000 against a claim exceeding $11 million) amounts to a demand to capitulate and its rejection will not be treated as unreasonable. An appeal seeking to establish that a recent decision of the Court of Appeal is plainly wrong is not necessarily hopeless or conducted in bad faith, and rejection of a Calderbank offer in such circumstances is not unreasonable.
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