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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 appeal and had made no offer to the appellant. The appellant,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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