A Calderbank offer made late in a long and complex trial, after the offeror has closed its case and while difficult factual and legal issues remain unresolved, will not justify solicitor/client costs even where the offeror betters the offer at trial. Where a respondent is partly successful on a notice of contention that occupied a not insignificant part of the appeal hearing, a 10% reduction in the appellant's costs recovery may be appropriate.
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