1An offer that requires the offeree to forego the principal relief sought (here, injunctive relief) and that leaves the offeree significantly out of pocket after incurred costs is not necessarily 'derisory' or an 'offer to capitulate' where the offeror also agrees to pay a settlement sum, forego an existing costs order, and bear its own substantial costs.
2Whether a rejected offer was 'attractive' for the purposes of the unreasonableness inquiry cannot be assessed by reference to the extent of the compromise alone but must be evaluated in all the circumstances at the time of the offer, including the offeree's objective prospects of success.
3A party's inability to identify the precise details of the opposing case does not excuse rejection of a compromise offer where the documents already produced and the content of the offer letter itself sufficiently disclosed the essential basis of the offeror's position.
