“…offers of settlement is capable of justifying an award of indemnity costs, but a failure to accept such an offer must be unreasonable. In Kiam v MGM Ltd (No 2) [2002] 1 WLR 2810, Simon Brown LJ (with whom Waller and Sedley LJJ agreed) said at [13] that it would be “a rare case indeed where a refusal of a settlement offer will attract u…”
“…ng to indemnity costs can be found in the well-known authorities of Petrotrade v Texaco [2002] 1 WLR 947; Reid Minty v Taylor [2002] 1 WLR 2800; Kiam v MGM (2) [2002] 1 WLR 2810 and Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson [2002] CP Rep 67. More recent authorities on the same issue include …”
“…asonable to a high degree”. In this context “unreasonable” does not mean merely wrong or misguided in hindsight: see Kiam v MGN Ltd (No. 2) [2002] EWCA Civ 66; [2002] 1 WLR 2810, at para. 12 (Simon Brown LJ).…”