Calderbank Offers: The High-Stakes Game of Settlement
In this strategic episode of P.I. Case Note, we analyse the Victorian Court of Appeal decision in Kytec Pty Ltd v ProLearn Corporation Pty Ltd [No 2] [2024] VSCA 122, which examines the powerful cost consequences of Calderbank offers in litigation. While not strictly a personal injury case, this decision provides crucial lessons about settlement strategies that apply across all civil litigation, including injury claims.
The court’s analysis demonstrates how rejecting reasonable settlement offers can result in devastating costs orders, even for successful parties. This decision reinforces that Calderbank offers create real pressure points in litigation, potentially shifting hundreds of thousands of dollars in legal costs between parties. The judgment provides valuable guidance on what makes a Calderbank offer “reasonable” and when courts will enforce their harsh cost consequences, making this essential listening for anyone involved in civil litigation.
Listen for our detailed examination of Calderbank offers and their strategic implications. If you’re involved in any legal claim, understanding settlement dynamics and cost risks is crucial to achieving the best outcome. Contact accident legal for a free consultation—we’re skilled negotiators who know how to use settlement tools effectively while protecting you from adverse cost orders.
