A notice of motion to vary a costs order under UCPR r 36.16(3A) need not expressly refer to the rule or seek to set aside the existing order, provided the substantive order sought is clear and the motion is filed within the 14-day period. An offer of compromise to dismiss an appeal with no order as to costs constitutes a genuine compromise where the respondent has incurred substantial costs, and triggers indemnity costs under r 42.15A where the judgment is no less favourable to the offeror.
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