An offer you can’t refuse? Calderbank offers, weak cases and the risk of indemnity costs
Parties to litigation and their professional advisors must always keep in mind that there comes a point where the benefit of a Calderbank offer of settlement outweighs any likely benefit that could be achieved by continuing with the litigation to trial. Alongside the need to evaluate the legal and factual strength of a party’s case – the eternal “will we win?” question - what may be less well understood is the Court’s approach to awards of indemnity costs where such offers have been rejected and the offeree does not obtain a better outcome than the offer.