James Cooper
Published: 01/09/2023 09:58
James Cooper is a barrister at 29BR. He practises in all areas of family law, with a particular specialism in financial remedy proceedings. He is frequently instructed in cases which feature complicated legal and factual issues, recently including void marriages, complex remuneration packages (such as RSUs and LTIPs), and nuptial settlements.
HJB v WPB: Beware the Preliminary Issue
It is entirely appropriate for the factual question of either the existence of an agreement (if in dispute), or whether one party ought to be entitled to resile therefrom on the so-called Edgar grounds or otherwise, to be heard as a preliminary issue. However, beware any suggestion that the court should embark on a consideration of the status of any such agreement as a preliminary issue, with no consideration of the surrounding circumstances or s 25 factors.
- Blog
- Pre-Nuptial Agreements
!16/08/2024 07:00
Xanthopoulos v Rakshina: LSPOs – Twelfth Time a Charm?
Where one party asserts that the court has no jurisdiction to bring a particular application, a court can make an order for interim maintenance and/or a costs allowance (whether under statute or common law). The same principles apply where the claim for substantive relief appears doubtful.
- Blog
!27/11/2023 13:59
Koukash v Koukash – Can a Party Waive Privilege on Their Own WP Offer?
The heightened importance of negotiating openly and reasonably has led to parties seeking to unilaterally open up without prejudice offers, based on a misunderstanding of the distinction between without prejudice privilege and legal professional privilege. Both are common law rules and affect the admissibility of evidence. However they otherwise have nothing to do with one another.
- Blog
- Privilege
- Waiver of Privilege
- Costs
!01/09/2023 10:04
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