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01 March 2024
Issue: 8061 / Categories: Case law , In Court , Law digest
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Law digests: 1 March 2024

Costs

Xanthopoulos v Rakshina [2024] EWCA Civ 100, [2024] All ER (D) 47 (Feb)

The Court of Appeal, Civil Division, ruled on the parties’ application for costs following an appeal made in connection with Family Division proceedings. The respondent had made an unusual application for costs in circumstances where the appeal had been successful in the appellant’s favour. The respondent grounded her claims on the appellant’s litigation misconduct which, she claimed, included the increase of the time estimated for the appeal hearing by half a day to accommodate the appellant’s numerous unmeritorious, ancillary applications. The appellant’s claims for costs, on the other hand, were grounded on the basis that he had been successful in the appeal and had achieved a much better outcome. The court held that while a costs application related to appeals in Family Division proceedings was an exception to the general rule that costs follow the event by reason of CPR 44.2(3)(a), that rule could not be applied in the present case. The respondent had failed to resist the

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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