The Court varied the original costs order by splitting costs temporally around the date of a late amendment to the statement of claim: each party bears its own costs up to 15 May 2026, the defendant pays the plaintiff's costs thereafter (the plaintiff having succeeded on the restitution claim introduced by that amendment), but the plaintiff must pay the defendant's costs thrown away by the amendment and vacation of the hearing. The Court declined to find the plaintiff's rejection of a Calderbank offer unreasonable, in part because the offer did not specify a payment date or schedule and required immediate discharge of the mortgage before payment, making it insufficiently certain to penalise the plaintiff for non-acceptance.
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