Ordinary refinements and particularisation of pleadings after an offer to settle do not constitute a sufficient change in the plaintiff's case to displace the default indemnity costs order under UCPR r 360. To avoid indemnity costs, a defendant must show that the plaintiff's case changed so substantially that the full dimensions of the plaintiff's entitlement could not possibly have been foreseen before the time for acceptance expired. The addition of an alternative statutory claim based on the same factual allegations as existing common law claims does not constitute such a substantial change.
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