Calderbank offers — those marked ‘without prejudice except as to costs’ — are one of those subjects which recur so often that single judge decisions are constantly coming out, but one never knows exactly which ones to read. They all say much the same thing, with an equal degree of fuziness, and the illusion is that one may read the tea leaves to discern which way the wind is blowing. People are constantly typing ‘Calderbank offer’ into google and finding their way, for some reason, to my blog. So, for all those people, here is the latest and greatest discourse on the subject, a learned review in the nature of a tiny text by no less a luminary than a justice of the Supreme Court of NSW, Justice Beazley. It’s an extra-judicial bit of writing called, appealingly, ‘Calderbank offers’, available only on the website of the Supreme Court of NSW. Another authoritative and up-to-date source is the recently published second edition of Dal Pont’s also endearingly entitled Law of Costs.
- Without prejudice privilege and the Evidence Act, 2008
- Prompt extinguishment of claims met by advocates’ immunity; walk-away offers by defendants entitled to immunity
- What orders ought follow the setting aside of a costs agreement?
- Reviews of decisions of the Costs Court’s Judicial Registrar
- Dal Pont’s Law of Costs (5th ed, 2021), a review