A plaintiff who achieves a better outcome than an offer of compromise is not subject to the default indemnity costs consequences under UCPR r 20.26, even where the plaintiff failed on the main issue and succeeded only on a lesser claim. The Suitors' Fund Act discretion may be refused where the respondent cross-appealed unsuccessfully on the same issue, persuaded the primary judge to act on a basis overturned on appeal, or maintained fabricated allegations.
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