Filing a summary judgment motion as a purely tactical response to a summary dismissal motion, where the motion has no prospect of success, constitutes delinquency warranting indemnity costs. Rejection of a Calderbank offer proposing terms substantially identical to the outcome ultimately obtained is unreasonable and supports indemnity costs from the date the offer expired. Where redacted invoices prevent the court from verifying cost allocations, a gross sum costs order may still be made but with an enhanced discount (here 20%) to ensure fairness.
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