An offer of compromise that does not comply with UCPR r 20.26 and cannot operate as a Calderbank offer may nonetheless be taken into account under the court's general costs discretion in r 42.1, where the offer was genuine and its refusal unreasonable. The appropriate order in such circumstances may be no order as to costs from the date of the offer, rather than requiring the offeree to pay the offeror's costs. A trial judge who reduces a plaintiff's projected working life on account of pre-existing health problems and also applies an increased vicissitudes discount for the same problems engages in impermissible double discounting. Where there is a significant chance of future need for personal care but the timing is uncertain, a buffer award is appropriate rather than a calculated award discounted by a percentage.
The full text is available to signed-in members, including the 26 later cases that cite this judgment.
6 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.