A 'walk-away' offer of compromise proposing that each party pay their own costs of the proceedings does not, on its proper construction, affect pre-existing interlocutory costs orders made in the offeror's favour. Such an offer may therefore not involve any substantial compromise where the offeror holds significant interlocutory costs orders. The genuineness of the compromise must be assessed by reference to the costs that would actually be forgone under the offer, not the costs the offeror subjectively intended to forgo.
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