A Calderbank offer that can only be accepted jointly by multiple appellants may be less effective in supporting an indemnity costs application, because each appellant's individual entitlement to decide whether to accept is constrained by the requirement for joint acceptance. The fact that an appeal is ultimately dismissed does not of itself establish that the appellants lacked a reasonably arguable basis for pursuing it, particularly where the appeal involved evaluative decisions on unusual remedies such as injunctions against media defendants.
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