A 'walk away' offer of compromise (each party to bear their own costs) may constitute a genuine compromise where the offeror has incurred significant costs by the time of the offer, such that the offer involves foregoing recovery of those costs. Ambiguity in the stated expiry date of an offer of compromise will be resolved in favour of validity where the offer expressly states it is open for the mandatory 28-day period. Mere weakness of an appeal is insufficient for indemnity costs; something more akin to wilful conduct or delinquency is required.
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