A 'walk away' Calderbank offer made less than three weeks after commencement of proceedings, where the offeror's costs are not disclosed and the offer is open for only seven days with no imminent court event, does not constitute a genuine compromise and will not support an indemnity costs order. The 28-day period for UCPR offers of compromise is not an inflexible minimum for Calderbank offers, but the adequacy of the period depends on the stage of the litigation and the circumstances. A defendant's failure to respond to pre-litigation correspondence may fortify the conclusion that refusal of a subsequent Calderbank offer was not unreasonable.
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