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Liability Risk and Insurance

Mitigation of costs risk in rejecting offer

Where an offer, made under rule 26.21 of the Civil Procedure Rules, was rejected and the eventual judgment of the court was less favourable, the court would order the rejecting party to pay costs on an indemnity basis and/or interest on damages at a higher rate. This running from the date of the rejection of the offer, unless such ruling would be unjust.

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