Compliance with UCPR r 20.26 offer of compromise requirements is assessed by reference to the version of the rule in force at the time the offer was made, not the version in force at the time of the costs application. A respondent who successfully defends an appeal is not deprived of indemnity costs merely because the Court decided the appeal on a different basis from the respondent's submissions, since the burden of demonstrating error lies on the appellant.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.