An offer of compromise does not give carte blanche to the subsequent conduct of the offeror's case; where a counterclaim is substantially amended during trial to plead additional claims that largely fail, and where the offeror's conduct has frustrated the joinder of a proper plaintiff, these matters must be factored into the assessment of whether indemnity costs should be awarded. The proper plaintiff rule prevents an individual from enforcing a contract to which his company, not he personally, was a party, even where the individual is the sole director and shareholder of the company.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.