Reviewed by Geoffrey Shannon

Family Law in Practice provides a detailed text with unique analysis and commentary on Circuit Court family law cases.  Written by Dr Carol Coulter, the legal affairs editor of The Irish Times, it fulfils all of the expectations of her readers.   One of the many strengths of this work arises from the fact that it outlines legal developments in a clear, jargon-free manner.   Another impressive feature of the book is its width of coverage.  

The introduction of divorce marked a watershed in Irish legal and social history and led to the introduction of a substantial and wide-ranging new body of law.  Inevitably, when the legal landscape changes to this degree, there are difficulties and uncertainties.  The need for a publication that keeps practitioners up to date is therefore clear.

Family Law in Practice is emerging as the family law landscape changes due to the economic downturn.  Moreover, the increasing complexity of practice and the law in the area of family law, coupled with the in camera nature of family law proceedings, have resulted in a clamour for guidance by practitioners.  The pension adjustment provision contained in the Family Law Act, 1995 and the Family Law (Divorce) Act, 1996 and the recent requirement under international law that children be heard clearly illustrate this trend. 

It is clear from some of the developments detailed in Family Law in Practice, that factors beyond the textbook law have been responsible for shaping and constructing our family law system, with the result that the manner in which remedies are currently being utilised in areas such as judicial separation and divorce may bear little resemblance to the intention of the legislature that passed the original statutes.  Until the publication of this book, empirical data was in short supply.  Ancillary relief on divorce and judicial separation, particularly at Circuit Court level, appeared to be a highly discretionary regime, in which we knew a lot about underlying principles; we seemed to be learning about professional practice and the impact of procedural innovation; but we seemed to know little about outcomes across the range of personal financial circumstances other than in respect of cases which reach the High Court and Supreme Court.  This book fills this gap.  In fact, this book is the first systematic examination of ancillary relief orders on judicial separation and divorce. 

Dr Carol Coulter’s work puts the principles set out in the Family Law Acts in a historical and social context and draws on empirical research conducted by the author.  This book is about family law in practice and provides a unique insight into the workings of the family justice system at Circuit Court level.  Reported High Court and Supreme Court cases may by definition be untypical, but this book provides a wealth of information about the family law jurisdiction at Circuit Court level, where 99% of all family law cases were disposed of in 2006.

Twelve years after the introduction of divorce, Ireland has now a developed and sophisticated family law system. Separation and divorce are life events for an increasing number of couples and their children. Under the Family Law Acts, judges are given unfettered discretion to deal with assets of the parties to a marriage. The manner in which judicial discretion has been exercised has not, until this book, being subject to public scrutiny. The absence of such scrutiny can only lead to a lack of public confidence in the family law system. This work has considerably assisted in removing the mystique behind judicial discretion in the divorce and judicial separation cases heard at Circuit Court level.
 
Family Law in Practice is written in a very attractive style that makes the law comprehensible.  The first chapter of this book contains a comprehensive review of family law literature.  It also sets out the methodology for the empirical research carried out by the author between October 2006 and October 2007.  

Part 2, Chapter 1 of the book contains a comprehensive account of the outcomes of the divorces and judicial separations granted by the Circuit Court in the month of October 2006.   The sample of 511 judicial separation and divorce cases surveyed represents all the family law cases decided in the Circuit Court in October 2006.  As the author points out at page 32: “this is a considerably greater proportion than the sample taken by polling organisations in conducting professional surveys”. 

Part 2, Chapter 2 contains a detailed examination of a representative sample of 12 cases concerning children, 10 cases concerning maintenance or other financial issues and 9 concerning the family home.   The representative nature of the case studies across the eight Circuit Court areas makes this book a particularly valuable addition to the family law library.  The author skilfully identifies differences in emphasis across the eight Circuit Court areas.  It is a matter of some comfort that she concludes that  “cases generally fall within certain parameters”.   

Throughout the past decade of divorce, a number of unsatisfactory aspects of family law have come to light.  The final chapter of this book draws attention to some of these and makes recommendations for change.  In addition, the chapter signals some of the developments at an international level that will inevitably inform Irish divorce law and decisions taken under it.  

Family Law in Practice traces the historical background of modern family law.  It gives the first detailed account of the typical ancillary orders granted at Circuit Court level.  It also provides, with admirable clarity, a detailed general exposition of the complex issues arising in family law cases at Circuit Court level. Family Law in Practice will be an indispensable resource not only for those who practise in family law but for any person with an interest in the family justice system. 

Dr Carol Coulter has written an impressive, lucid and practical analysis of family law in the Circuit Court. It contains a timely and comprehensive account of an area of litigation that is unfortunately growing in importance.  It is an excellent book that no solicitor, barrister, social worker, psychologist, psychiatrist and judge should be without. 

Reviewed by Geoffrey Shannon, published in Law Society Gazette, October 2009, page 45.

***

Prior to 2005 the in camera rule prevented widespread reporting of family law cases in this country.  This precluded society and legal practitioners alike from getting a true insight into the workings of the Irish family courts.  However, following an amendment to the law in 2004 Dr Carol Coulter embarked on a nationwide study of the operation of the Irish family law courts.  In this book she compiles both the vast quantities of empirical data she gathered with her observations and insights into the manner in which family law cases are conducted and determined. 

There is a relative paucity of reported judgments in family law cases in Ireland in comparison to other areas of law.  Those judgments that are reported tend to emanate from the High Court, and indeed Supreme Court, but typically concern cases of ample resources and are often thought to have little relevance to the “everyday” case.  The vast majority of judicial separations and divorces are determined in the Circuit Court as opposed to the High Court — 98 percent according to the Court Services Annual Report 2008.  It is clear therefore that there is a wealth of jurisprudence to be tapped into from the Circuit Court.  In her book Dr Coulter satisfies this hunger in respect of academics, sociologists and legal practitioners alike. 

Each Circuit is individually assessed in terms of the nature of applications brought and indeed the applicants themselves.  This is invaluable as those who have practiced law on various Circuits know that there are some subtle and some not so subtle differences in the approaches taken on different Circuits.  Dr Coulter recognises this and formulates her conclusions accordingly. 

Admittedly, however, one can only learn so much from empirical data.  The defining feature of this text is Dr Coulter’s commentary and analysis of some 34 real cases concerning various topics arising from 62 days spent in 19 different courts across all eight Circuits of the land.  In essence, this is a well of case law from which practitioners and academics alike can better understand the system within which they operate.  Dr Coulter’s pioneering work in establishing the pilot project on the reporting of family law for the Courts Service was the genesis for this which has now resulted in the periodic publication of Family Law Matters by the Courts Service providing similar commentary and analysis of cases around the country.  A true testament to this book and indeed the work of Dr Coulter is the continued interest which these periodicals attract.

The book concludes with a reflection on family law and the courts system.  Dr Coulter includes an analysis of recent trends in family law such as mediation and collaborative law thus demonstrating the forever evolving nature of the area.  In addition suggestions for change are made.  Relying not only on her legal background but also her experience as a journalist and observer of social change Dr Coulter provides an enlightening and practical account for change.  Often discussions involving changes to areas of law tend to focus on legal issues.  However, this book recognises the fact that family law cannot be constrained to legal analysis alone, but social and political factors also play a role.  The changes suggested span from those of an administrative nature in seeking to expedite cases, to the topical area of representation for children. 

Dr Coulter has achieved something extraordinary in this text.  She has opened up the operation of the family law courts to practitioners, litigants, and policy makers alike.  Undoubtedly this text will be well thumbed through in the coming years; that is until the next, already eagerly awaited, edition!

Reviewed by Ross Aylward LL.B.(Dub); M.Litt(Dub); Dip.Arb; Attorney-at-Law; Barrister-at-Law for the Irish Law Review, volume 5, 2009, page 24

***

Reviewed by Raymond Byrne

This is an excellent collection of 35 essays written between 1999 and 2006, all of them award winners in the Law Society’s Student Law Reform Essay Prize. The commitment to law reform by the Law Society is indicated by the prize, which allows the voice of law students to be heard loud and clear in this important task.

As the editors point out in their preface, the 35 essays deal with the full range of the subject matter of law. In terms of the most popular areas chosen by the writers, almost half of the 35 essays deal in one way or another with procedural law, of which seven deal with different aspects of court procedure and alternative dispute resolution,
five others deal with criminal procedure, two deal with the law of evidence, and one concerns the guardian ad litem procedure in family law.

Another eight essays could be put under the general heading of commercial and contract law, with three being devoted to reform of the Sale of Goods Act 1893. Other substantive areas of law dealt with include criminal law, employment law, environmental law, equality law, family law, land law and technology law. This overall picture underlines that the attention of these writers was not confined to a narrow compass and that, indeed, their focus was on the reality that reform is needed in many areas of law and practice. All of the essays are well worthy of the decision by the editors to include them in the collection.

The essays indicate the importance of having fresh eyes cast on the state of the law that we find in the early 21st century. Ultimately, reform is a matter for the government and the Oireachtas, but the combination of all these perspectives can be a powerful mode of achieving a suitable end result. This is the great value of the essays in this invaluable collection, many written by people who have already begun to make a mark in the worlds of practice and academic life in Ireland. This is a must-read book for those interested in the law and its reform, and that must be all of us. G

Reviewed for the Law Society Gazette, November 2009, page 47 by Raymond Byrne,  Director of Research at the Law Reform Commission.

***

Reviewed by Ciara Fitzgerald

In the Preface of this book, Professor Walsh notes that it resulted from a commission from the Irish Human Rights Commission to produce a comprehensive report on An Garda Síochána’s compliance with human rights standards. The fact that the task itself was a colossal undertaking is reflected in the content and size of this book. However, by the time one reaches the concluding part of the book, it is perfectly evident that Professor Walsh achieved what he set out to do — comprehensively review the human rights compliance of our police service.

The book is divided into four parts. The first part provides an incredibly thorough discussion of the general human rights standards, which police forces are expected to adhere to in using their powers. Specific emphasis is laid on the provisions of the European Convention on Human Rights as the only legal document which is directly enforceable in Irish courts however Professor Walsh also addresses international and domestic human rights standards in relation to a range of police powers. Analysis and criticism of the formulation, implementation and monitoring of human rights compliant policies within the Gardaí is also included in this part of the book. Part I will undoubtedly be of enormous use to both legal practitioners working in this area, students researching such aspects of human rights and the Gardaí themselves.

Part two contains a review and analysis of failings on the part of the Garda Síochána regarding human rights standards and for the most part follows the same headings as discussed in Part 1 of the text. Professor Walsh draws on a number of sources in carrying out this review (sources which he first evaluates). While he is very critical of the Gardaí in relation to these failings, he does point out that the purpose of such criticism is to ensure that such failings are identified and rectified and not an indication of how policing is carried out in Ireland in general.
Part 3 moves on to the reforms that are currently being implemented in response to the failings of the Gardaí discussed in the previous section. The reforms are again presented using the relevant headings discussed in Parts 1 and 2. As Professor Walsh notes in the final part of the book, while reforms have been introduced in light of both the Morris and Barr Tribunals and, more specifically, the Ionann report, it must now be considered whether such reforms adequately address the implementation of human rights within the police service and whether such reforms will be implemented by the individual Garda. It is too soon to be able to answer these questions however, in light of the meticulous review presented by Professor Walsh in this text, I have no doubt that he will be leading the way in reviewing the implementation of these reforms and, indeed, in suggesting new and innovative reforms to ensure Ireland’s police service is at the forefront of modern and human rights compliant policing. 

Reviewed by Ciara Fitzgerald for the Irish Law Review, volume 5, 2009, page 24

***

Reviewed by Brendan Nagle

Having worked as inhouse counsel with an ‘advertisement intensive’ internet bank before joining the Financial Regulator, I was very keen to review Dr Barrett’s book.  To use the blasé terminology that I quickly learned to dread when working with the marketing department of one of my old employers, ‘signing off’ on the compliance of a financial services advertisement is no mean feat. It is an activity that should be approached with the foreboding of a bomb-disposal expert.

As Dr Barrett says in the first line of his book, there is an “array” of law and regulation on the content of financial advertisements in Ireland. To safely advise on the suitability of a promotion, you really need the high-level view that this book gives before daring to delve into the darker corners of the maze. I have to agree with the writer when he says: “Given the extent to which the general public is exposed to [financial services] advertising, one might expect there to be a single statute that would address the difficulties which inappropriate and unregulated advertising presents. Instead, there are a number of key laws and regulatory codes that overlap to a greater or lesser extent.” Pending a sorely-needed overhaul and consolidation of financial services law and regulation on advertising, Dr Barrett’s book provides an excellent signpost from which to navigate through this multiagency, multi-tiered area of law. What I find particularly pragmatic and helpful about the book is that it is structured in such a way that lawyers, marketing copywriters and compliance officers can use it, serially and to good effect, in their work. The marketing copywriters and compliance officers will be able to use the book’s detailed index and unique ‘compliance checklists’ in appendices C to F to analyse each element of the financial promotion work in which they propose to engage. When the baton is passed to the legal department for final review, lawyers of all degrees of experience in this area will be able to use the preface’s clear summary of the book’s content and the detailed table of legislation as starting points for scrutinising the law itself. In addition, lawyers will like the well-informed précis of the key legislation, codes and agencies found in chapters 1 to 9. As an example of Dr Barrett’s firm grasp of this tortuous area of law, see page 35 on the Consumer Protection Code: “The significance of this is that a breach of the code constitutes a ‘prescribed contravention’ for the purposes of section 33AN of the Central Bank Act 1942, punishable in the first instance by the Financial Regulator pursuant to the sanctions regime established by part IIIC of the 1942 act.”

To sum up, I think the book deserves a well-read future in multiple reprints. The current climate calls for simplicity, both in the way laws and regulations are presented and in the structuring of agencies responsible for this area. Future changes in laws and shifts in responsibilities may require web-based updates between editions of this excellent manual and, indeed, the layered nature of the content may lend itself very well to that medium.

From the public service, better-regulation perspective, the expertise of people like Dr Barrett could and should be called upon when the time comes to properly consolidate
the law. G

Extracted from the Law Society Gazette, May 2009, page 51, Brendan Nagle is a solicitor with the Financial Regulator.[ Views expressed in this review are those of the reviewer alone and do not necessarily represent the views of the Financial Regulator]

***

“… if a book does tick all the boxes, the review is at least worth the paper it’s written on. And this is such a book.”

“this book …  is very good value at €75 and I guarantee that you will learn something.”

"Regular readers may recall that the last time I reviewed a book in this publication (Gazette, October 2006, p49), I attracted the ire of the book’s author after some mild criticism. It may seem self-evident, but book reviews should not slavishly follow what appears now to be the accepted practice of extolling only the virtues of the book without any reasoned criticism of its shortcomings. I make no apologies for telling readers the truth before they spend their hard-earned shilling. All of which means that if a book does tick all the boxes, the review is at least worth the paper it’s written on. And this is such a book.

The publisher very fairly indicates that this is primarily a student textbook and that would seem to be its overwhelming aim. However, it would be foolish to assume that practitioners would have no use for it. In fact, I think the opposite applies, and many litigation solicitors could learn a lot by dipping in and out of this
extensive coverage of the extremely wide subject of torts.

John Healy is a practising barrister and a lecturer who, I know, specialises in the area of tort law. What we, as busy practitioners, tend to forget is that nearly every personal injury, defamation, professional negligence, nuisance, trespass to the person or trespass to land action arises out the commission of a tort. Perhaps we feel that we don’t need to know what creates a cause of action, happy enough to leave that to our colleagues at the Bar. Well, that’s not good enough. Before advising any client and embarking on an expensive course of action, a solicitor should be sufficiently well versed to know the likely outcome of that course of action without having to rely on a barrister to set them right.

What John Healy sets out to do is briefly examine the very first principles and history of tort law and then provide a chapter-by-chapter analysis of each different element arising under this complex, but always interesting, aspect of legal practice. While negligence features heavily, as it must do, such diverse subjects as defamation, the much less heralded economic tort, and trespass to the person are examined in depth. As ever, I sought out my favourite subject, and the author was not found wanting in his handling of the PIAB Act 2003 and the Civil Liability and Courts Act 2004.

All in all, this book will not change your practice or your life but it is very good value at €75 and I guarantee that you will learn something. And not just that you are glad you have passed your tort exam!

Stuart Gilhooly is a partner in the
Dublin law firm HJ Ward &Co
and chairman of the Gazette
Editorial Board."

Review of Principles of Irish Torts by John Healy. This review was extracted from the Law Society Gazette, April 2007, page 45 (with kind permission)