A joint offer of compromise made to multiple parties with separate causes of action is not capable of individual acceptance and therefore does not engage the indemnity costs consequences under UCPR r 42.15A, nor can it operate as a Calderbank offer. Practitioners making offers of compromise to multiple opposing parties with separate causes of action must make separate offers to each party. Additionally, a 'walk-away' offer made early in appellate proceedings when virtually no costs have been incurred will not attract indemnity costs even if the rules are otherwise engaged.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
2 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.