Xanthopoulos v Rakshina (Re Costs) [2024] EWCA Civ 100 (08 February 2024)

Xanthopoulos v Rakshina (Re Costs) [2024] EWCA Civ 100 (08 February 2024)

Neither party is entitled to full costs; the respondent's application is refused as she was unsuccessful and made no offer to settle. The appellant is awarded a discounted costs order reflecting partial success and litigation misconduct, including costs of the LSPO application.

Citation
[2024] EWCA Civ 100
Parties
Appellant/claimant: Lazaros Panagiotis Xanthopoulos; Respondent/defendant: Alla Aleksandrovna Rakshina
Jurisdiction
England and Wales
Judgment Date
08 February 2024
Procedural Posture
Appeal (family Law) / Costs Judgment After Appeal
Outcome
Costs order in favour of appellant, discounted for litigation misconduct; respondent's costs application refused.
Legal Topics
Costs Orders, Litigation Misconduct, Appeal Procedure, Legal Services Payment Order (lspo)
Family Law Civil Procedure Costs Orders Litigation Misconduct Appeal Procedure Legal Services Payment Order (lspo)

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Parties

Lazaros Panagiotis Xanthopoulos

Appellant/claimant

Alla Aleksandrovna Rakshina

Respondent/defendant

Procedural Posture

Appeal (family Law) / Costs Judgment After Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to costs despite being unsuccessful on appeal
  2. 2 Whether the appellant is entitled to costs and to what extent, given partial success and findings of litigation misconduct
  3. 3 Appropriate treatment of LSPO-related costs

Ratio Decidendi

Neither party is entitled to full costs; the respondent's application is refused as she was unsuccessful and made no offer to settle. The appellant is awarded a discounted costs order reflecting partial success and litigation misconduct, including costs of the LSPO application.

Court Disposition

Costs order in favour of appellant, discounted for litigation misconduct; respondent's costs application refused.

Orders

  • Respondent to pay £175,000 towards appellant's costs of appeal (already received by appellant's solicitors).
  • Respondent to pay £17,378 (including VAT) to appellant's solicitors within 14 days for LSPO hearing costs.