A submission of unreasonable refusal of a Calderbank offer is not necessarily neutralised where the offeror succeeds for reasons other than those proffered in the Calderbank letter; that fact is simply one of the circumstances the Court takes into account. The fact that a party is legally aided and costs recovery is capped does not, in and of itself, disentitle the successful opponent from an order for indemnity costs. For a Calderbank offer to rationally affect the costs discretion, the event the subject of the offer must be substantially the same as the event constituted by the issues at the hearing.
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