A defendant's 'walk-away' offer under UCPR r 20.26(2) is specifically authorised by the Rules and contains an element of compromise reflecting the defendant's preparation costs, distinguishing the position under the former Federal Court Rules where such offers were doubted as genuine. The dismissal of a criminal charge on the basis that the prosecution failed to prove its case beyond reasonable doubt is not inconsistent with the failure of a subsequent malicious prosecution claim, given the different onus and elements of the tort.
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