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Indemnity Costs and Judicial Discretion: Don’t Let Rejection of a Genuine Calderbank Offer Backfire on You

In the recent Supreme Court case of Mansi v O’Connor, Giovanno Mansi risked it all when he rejected what turned out to be a very generous offer of compensation for personal injuries he sustained in the accident. He obtained a judgment amount of $93,757.51. As a result of his rejection of the offer, Mansi suffered significant adverse cost consequences. It emphasises the importance of taking properly considered steps at an early stage to protect a defendant’s position on costs before a dispute proceeds to trial. Mansi rejected the offer, which turned out to be substantially more than he recovered at trial. Read More

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