An application for leave to appeal that is plainly hopeless — where there is no error of law and no demonstrated prejudice — may attract indemnity costs on the basis that it constitutes a wilful disregard of clearly established law. An offer of compromise that does not address costs of the application is not a genuine offer of compromise. Costs of an application for leave to appeal in the Court of Appeal are determined separately from the underlying Supreme Court proceedings and will not be reserved pending mediation.
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