A Calderbank offer that exceeds the combined monetary value of the orders ultimately obtained and the offeree's recoverable costs to the date of the offer will likely be found to have been unreasonably rejected, particularly where the offer was made after pre-trial steps were completed and the offeree was in a position to assess their prospects. An offer stated to be made pursuant to Calderbank principles that does not contain a statement that it was made under Part 5 of Chapter 9 UCPR is not governed by r 361 UCPR but by the Calderbank principles.
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