A pre-trial offer of compromise that has lapsed and is not renewed for the purposes of an appeal will not, as a general rule, support a special costs order on appeal, and a party wishing to rely on such an offer should at the very least give clear notice of that intention. Proceedings comprising both debt and damages claims are 'for damages' within s 100(4) CPA where the proceedings as a whole are for damages. Interest on a restitutionary sum following reversal on appeal is payable at the legislatively prescribed rate unless the party seeking departure discharges both the persuasive and evidentiary burden of justifying a different rate.
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