An offer by interveners that the parties bear their own costs may constitute a genuine compromise for Calderbank purposes where the interveners have already incurred significant costs and there is no other outcome about which the parties could compromise. A requirement in a Calderbank offer for execution of a deed of settlement does not render the offer uncertain or incapable of acceptance where the deed is expressed as the form in which the agreed terms will be documented, rather than as a condition precedent to any agreement.
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