Where orders are made without the parties being heard (such as during the COVID-19 pandemic) and the Court expressly reserves the opportunity for further orders, the principle of finality does not preclude supplemental orders that do not involve rehearing or new issues. An offer of compromise that requires the opposing party to capitulate on its claim and pay substantially all of the counterclaim may be characterised as designed to obtain costs protection rather than a genuine attempt at compromise, and will not support a special costs order under r 26.08.
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