There is no general presumption that failure to accept an offer of compromise entitles the offeror to indemnity costs; the critical question remains whether the failure to accept was unreasonable in all the circumstances. Courts will be particularly reluctant to award indemnity costs against unrepresented litigants bringing judicial review proceedings against bodies exercising public power. Parties seeking gross sum costs orders must provide affidavit evidence specifying and supporting the quantum sought at the time of the application.
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