Premature disclosure of an offer of compromise to a court of appeal does not automatically require remitter of remaining questions; the court retains a discretion to be exercised by reference to nine identified factors including the nature of the remaining questions, completeness of evidence, delay, and whether a fair-minded observer might apprehend bias. In quantifying equitable relief for breach of fiduciary duty, the onus on the defaulting fiduciary to justify reductions is not discharged by conjecture or supposition, and a court may refuse a general allowance for skill and effort where the fiduciary's conduct was deliberate and dishonest. Equitable compound interest at a commercial rate with annual rests may be awarded where the fiduciary has been guilty of serious misconduct.
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