Uploaded by goodbyee007 on Jan 17, 2010
BOOK REVIEW
ANCILLARY RELIEF: Practice and Precedents
By Angela Newbury, Shona Alexander and Ann Corrigan
ISBN: 978-0-1-85326-608-7
Law Society Publishing
www.lawsociety.org.uk
A CLEAR AND CONCISE GUIDE TO A VEXED & COMPLEX SUBJECT OF ANCILLARY RELIEF
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Divorcejudicial separationnullity proceedings these are the sad outcomes of marriage breakdown. Every case is different and very rarely straightforward. In any number of cases the divorce or dissolution is actually less complex than the multifarious issues relating to ancillary relief.
Family/matrimonial lawyers and advocates will therefore welcome Ancillary Relief, Practice and Precedents as one of the many, latest and leading publications from The Law Society in the Legal Handbooks series.
Written by three experienced practitioners in the field, the book provides, as well as a straightforward guide to the law, a clear, concise step-by-step, day to day guide to the conduct of a case, from, for example, that crucial first meeting to final resolution and virtually all possible steps and solutions in between, including costs and drafting.
Ostensibly minor but important details, like meeting rooms are discussed and, of course, negotiating tactics. Here is an authoritative legal text that would be helpful for barristers as well as solicitors, providing as it does, detailed and instructive comment not just on procedures, but on the sensitive handling of the emotional problems involved in this area of practice
This is truly an advice book for family advisors and covers virtually everything you need to know and do regarding ancillary relief and when and how to do it, with virtually all the possible and available options explored.
For example, there are references to an explanation of collaborative law, cited as a relatively new concept from the US a sort of hybrid between mediation and traditional negotiation through solicitors.
Solicitors in this process are also described as adopting a hybrid role between mediating and representing their clients- we are tempted to add that if things get really contentious with a need for a referral, then Counsel might well be called upon and should be aware of the help this book gives the legal profession. When touching on peripheral areas which are not within the scope of the book, Newbury, Alexander and Corrigan helpfully steer you to the relevant websites and other sources of information.
The contents of this important work of reference may be summarised as follows:
•First meeting with client
•Disclosure
•Procedure
•Powers of the court
•Experts and valuations
•Agreements between the souses
•Unusual considerations
•The route to settlement
•Interim application and orders
•Costs
Besides the copious tables of cases, statutes and statutory instruments, there are twenty-four appendices, from checklists to standard letters to extracts from the legislation in the 250 pages.
Recent developments in case law covering, for example, pre-nuptial and post-nuptial contracts are dealt with. In short, this is a book that every family lawyer should have readily to hand. The CD is especially welcome as a clear, concise handbook to the vexed and complex areas of ancillary relief and a welcome addition to the modern Law Society library.
ISBN: 978-0-1-85326-608-7
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