An offer of compromise under r 26.12 proposing dismissal with no order as to costs, served on a party with poor prospects of success, will be treated as generous. Failure to accept such an offer will ordinarily be unreasonable, warranting indemnity costs from the expiry of the offer period. Complaints about former lawyers' misconduct will not excuse the failure to accept unless the party deposes that they were unaware of the offer or misled about the strength of their case.
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