+ Calderbank Offers

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Don’t make them. Make a Pt 42 Rules offer instead! Because: (i) An offer made under the rules will generally have the same flexibility as a Caldebank offer; (ii) It will have virtual automatic favourable costs consequences for your client; (iii) It will ensure you will not bear the onus in showing that the Court should make a favourable costs order; and (iv) The burden is on the offeree to establish “exceptional circumstances” to found an entitlement to a different order.

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