› Evaluation of compromise — unquantified costs component
Costs
› Calderbank offers
› Reasonableness of refusal to accept offer
Quick Take
1Where multiple grounds of appeal are all directed at a single objective (here, reducing a damages award), the ordinary rule that costs follow the event applies rather than a ground-by-ground apportionment, even where the appellant succeeds on only one ground.
2A Calderbank offer that proposes to set aside existing costs orders without quantifying or enabling assessment of the net financial effect of that departure does not permit proper evaluation of the compromise offered, and it is not unreasonable for the offeree to decline such an offer.
3The party relying on a Calderbank offer bears the onus of demonstrating that the result achieved was more favourable than the offer, taking into account all components of the offer including proposed variations to costs orders.
