A walk-away offer of compromise made early in proceedings, when the offeror has incurred minimal costs, does not involve sufficient compromise to engage UCPR r 42.15 or Calderbank principles. The critical factors are the timing of the offer relative to costs incurred and the stage of proceedings. A walk-away offer made after substantial costs have been incurred and submissions exchanged can involve a significant element of compromise warranting indemnity costs.
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