A Calderbank offer that requires the offeree to abandon their entire claim while requiring very little compromise from the offeror may amount to a demand for capitulation rather than a genuine compromise, and rejection of such an offer will not be treated as unreasonable. A represented party's failure to bring a relevant counterclaim to the attention of the Court in an earlier appeal may be a factor justifying departure from the general rule that costs follow the event, even absent evidence of a conscious decision to withhold the information.
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