A fundamental change of circumstances occurring after the expiry of an offer of compromise — such as the emergence of significant new evidence that materially alters the forensic landscape — can justify the Court ordering otherwise under UCPR Part 42 r 42.15A(2) to displace a defendant's conditional entitlement to indemnity costs, even where the plaintiff's non-acceptance of the offer was not reasonable when assessed at the date of the offer. The approach to change of circumstances in the Calderbank context (per Rolls Royce v James Hardie) provides instruction by analogy for UCPR offers of compromise.
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