An offer to consent to dismissal of a motion with no order as to costs can constitute a sufficient compromise for Calderbank purposes where the offeror has already incurred considerable costs and is foregoing an entitlement to a favourable costs order. The fact that an appeal succeeds on points not run at first instance does not necessarily warrant departure from the general costs rule, particularly where the essential point was raised below and much appellate expense was caused by the respondent's own unsuccessful arguments.
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