A Calderbank offer that expires the day after the offeree receives the offeror's substantive submissions, offers limited compromise relative to the amount in dispute, and is made in circumstances where the offeree has substantial prospects of success, will not be treated as unreasonably rejected so as to justify indemnity costs. A pre-hearing Calderbank offer at first instance does not justify indemnity costs on appeal where no separate offer to compromise the appeal was made and the respondent to the appeal had reasonable grounds to resist it.
The full text is available to signed-in members, including the 60 later cases that cite this judgment.
10 of the 60 citing cases carry a classified treatment. How each court treated it is available to signed-in members.