An offer by a successful defendant to forego existing costs entitlements is a genuine Calderbank compromise, but rejection of such an offer is not unreasonable where the appeal was arguable and the offer did not confer a significant benefit. The arguability of the appeal, including the fact that dissenting judges would have found for the appellant, is relevant to assessing reasonableness of rejection.
The full text is available to signed-in members, including the 31 later cases that cite this judgment.
4 of the 31 citing cases carry a classified treatment. How each court treated it is available to signed-in members.