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RICHMOND CHAMBERS REVIEWS 2009
CHAMBERS CHOICE
BOOK OF THE DAY
INTERNATIONAL SUCCESSION 3rd edition
Edited by Louis Garb and John Wood
ISBN: 978-0-19-955027-2 Oxford University Press www.oup.com
“WE ARE ALL INTERNATIONAL LAWYERS NOWADAYS!”
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
So say Louis Garb and John Wood in this excellent third edition in the OUP stable of international publications. This is a splendid resource, not only for the modern private client lawyer, but also for litigants and academic alike.
The authors make a bald statement at the beginning “we live in an increasingly globalized world”! Yes, and they have produced a book of relevance to this age which explores assets on death and what happens to them in the globalized world.
Cross-border trade between nations, intermingling and intermarriage between persons of different nationalities, living and working abroad and investing within multiple jurisdictions; these are only some of the complexities surrounding the deposition of assets in a globalized world. So when someone in possession of multiple assets in multiple jurisdictions dies, who succeeds to what assets on death where?
As the editors note in the preface, ‘to a significant extent, the rules of succession in any particular jurisdiction are unique to that jurisdiction.’ And as Paul Mathews of the School of Law, Kings College, London observes in the foreword, ‘It is not enough to know the basic differences between systems. We must have access to points of detail and quickly’ – a task which the useful and valuable ‘International Succession ‘ undertakes admirably.
In its more than 800 pages plus glossary, the relevant inheritance law and practice in fifty jurisdictions around the world are explained by professional lawyers from each of them. In order to compare like with like, the contributors have been asked by the editors to base their exposition on a common questionnaire (the full text of which is cited) to ensure exact comparison by covering exactly the same points. (Especially interesting in a UK context are the differences between English and Scots law, particularly on intestacy.) The book, in other words, is a joint venture between the general editors and the contributors, each of whom are listed individually with contact details.
If you are involved with international clients , either as a private lawyer, litigator, academic, or possibly an individual grappling with cross-border succession issues, which can be tortuously complex, this book will save you incalculable amounts of time. As mobility increases and business goes truly global, Garb & Wood’s meticulously researched work is an invaluable acquisition in any law library.
PREVIOUS BOOK OF THE DAY
WIGS AND WHEREFORES:
A BIOGRAPHY OF MICHAEL SHERRARD QC
By Linda Goldman and Michael Sherrard
GAINED MUCH … AND GIVEN MORE: HE’S FIENDISHLY DIFFICULT TO XX! MICHAEL SHERRARD’S MODERN INFLUENCES FOR TODAY’S ADVOCATE EXPLAINED
Linda Goldman has written an interesting variation on the normal structure of a biography with this review of Michael Sherrard’s life and cases. I’ve reviewed many legal biographies and each are always worthy in their own way because they deal with ‘people’, and we are in the people business- and it’s great for the historical record. Joshua Rosenberg’s foreword sums it all up saying that Sherrard “is such a good advocate that it must have been fiendishly difficult for Linda Goldman to cross examine him”!
Absolutely right! But Linda has excelled here with some splendid explanations as the ‘voice over’ Sherrard’s commentaries which are very helpful and give some structure to this narrative. There continues to be a growing library of works about ‘the people in the law’ today – those who have made a lasting presence with their professional influence, and Michael Sherrard deserves the title as one of our ‘the best of advocates’ – a skill which many aspire to but few actually exhibit, as those elements in the judiciary we fall foul off will often comment on with barbed comment! ‘Wigs and Wherefores’ is his lasting thesis of modern advocacy.
This is a frank and entertaining account of a barrister-at-law who has been a substantial player in the events of the last half century. It is about man who has mingled with the personalities of the time to give us all a marvellous historic insight into the contemporary times we have just lived through. This part autobiography/part biography illustrates the momentous changes in attitude society has undertaken towards criminals, and those who sail close to the wind, by the recounting of a catalogue of names from the immediate past. It is probably the passion which Sherrard exhibits for his branch of the legal profession which gives this work its intellectual sparkle. Many of us have been privileged to participate in occasions which described are ‘milestones’ at our point in history…but we always see it rather differently from those who comment and opinion form, such as ‘well, I was there, but I don’t remember it being quite like that!’ This work sets some records straight.
This compelling tale gives two views, actually: Michael’s view from the coal face (and you can use the index to spot your favourite villain to look up) and Linda’s view which gives the perspective and explanations which we all need when reading autobiographies. I am very grateful to include this little book amongst my expanding legal history library of ‘contemporaries I have seen or known’ because it gives an illuminating insight into a fascinating career. There are lots of hidden tips of how to succeed, as Sherrard has done, and he deserves the title of foremost advocate of his generation- he has come far, as the modern Bar moves on.
See: http://www.youtube.com/watch?v=4xPKHwuARe8
Phillip Taylor
PREVIOUS BOOK OF THE DAY
BEWIGGED AND BEWILDERED?
A Guide to Becoming a Barrister in England and Wales
By Adam Kramer
ISBN: 978-1-84113-651-6
HART PUBLISHING (www.hartpub.co.uk)
Occasional updates are at http://www.hartpub.co.uk/updates/bewigged-updates.html
Price: £15 published in May 2007
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A JARGON-BUSTING GUIDE TO MODERN BROTHERS (AND SISTERS) IN LAW…WITH GREAT UPDATES!
This is a very much needed book, with useful online updates, for anyone interested in becoming a barrister-at-law in England and Wales in 21st century.There has always been a certain amount of mystique about the Bar and what we actually do. Adam Kramer has been able to distill the work we do in a matter-of-fact way as though he were addressing a jury- and he puts the issues across very finely indeed with most questions answered. Ex Bar Chairman, Stephen Hockman, introduces the book in a very friendly manner and then launches into the realities of life at the Bar and the sort of problems we are facing at the moment. He concludes that ‘I only wish it had been available to me when I started in practice 35 years ago’ thereby identifying that today we have many new entrants to the profession from ‘outside’ so they will not know much of the intricacies of professional life gleaned from parents and relatives. This is a good thing because it shows the broad base which gives the Bar its unique talents for today. And, of course, this sort of book is needed as it explains all those little things which happen which appear a bit odd to ‘outsiders’ but are part of the traditions of the legal profession (and they work otherwise we would have got rid of them!). The book has 14 fact-filled chapters, and a most useful ’further information’ section at the back to go with the glossary, index and ‘timetables for routes to the Bar’. Probably the two biggest issues to be faced are well covered by Kramer: all aspects of money from paying fees to earnings; and ‘can you do the job?’ With the regular suggestions of change to the way barristers are trained, I would expect more emphasis on continuous professional development and reflective practice at the Bar in future editions to meet current policy directives from our regulators.
READ THE ONLINE UPDATES
Since the book appeared, the Legal Services Act 2007 was given Royal Assent on 30th October 2007, and we are still assessing the main implications for reform so read the updates online. Clearly more changes will follow and I hope that readers will not be put off by some of the statistics produced by Kramer on ‘success rates’ for pupillage, quoting 2004 levels with 1,251 passes for the BVC, and only 556 pupillages available. Since then, notwithstanding diversity policy which has failed, the situation has declined markedly and it would seem that big changes will have to take place to ensure that we have a sufficient supply of new barristers ‘in stock’ to balance wastage. The message comes clearly through that it is in the interests of no-one to see the Bar wound up and merged into some form of trial lawyer section of a big firm of City solicitors.
WHY BARRISTER?
So, do not be put off when you read this book! Kramer writes “it will then be for the reader, who knows his or her character and circumstances, to decide whether to seek to become a barrister”. Yes, he has succeeded in giving an understanding of the process by which a person wants to become a barrister at a time of numerous (yet incomplete) changes to the system. No book can ever give you the reality of what it is like to do pupillage as some many are so different. My pupillage was before the rules changed, and it was in a common law set with a general and varied practice whereas much training today will be in highly specialized areas of great value to the paying client. I was also lucky to have had a small drama scholarship and, with the two professions have much in common concerning fame, fortune and the daily grind of ‘jobbing’ work, it was of help because pupillage selection committees often look for the ‘rounded person’ who does not necessarily come from a straight legal background.
The rewards are there and, for me, work at the Bar is giving fair representation to the under-privileged (that is, most of us) who have absolutely no idea about what those ‘guys in wigs’ do. You do now, with Adam Kramer’s great pocket guide on being bewigged but no longer bewildered.
PREVIOUS BOOK OF THE DAY:
THE HANDBOOK OF INTERNATIONAL
TRADE AND FINANCE
The complete guide to risk management, international payments and currency management, binds and guarantees, credit insurance and trade finance.
By Anders Grath
ISBN: 978-07494-5320-6 KOGAN PAGE (www.koganpage.com) Price: £35
GET SAVVY WITH THE GRATH’S HANDBOOK ON
FINANCIAL REGIMES IN WORLD MARKETS
The subject of ‘finance’ often strikes fear into the hearts of vulnerable people (traders) because they are wary and afraid of the power it wields. Andres Grath dispels such fears with his excellent addition to the international trade and finance bookshelf, twenty years since the original handbook was first published.
The key to understanding how this global industry now works is with the opening words where Grath writes “an international trade transaction, no matter how straightforward it may seem at the start, is not completed until delivery takes place” and he then examines the occasions when things might go wrong.
There are eight chapters covering these areas: trade risks and risk assessment; methods of payment; bonds, guarantees and standby letters of credit; currency risk management; export credit insurance; trade finance; structured trade finance; and terms of payment.
It is a handbook I would like to have read before I completed the international trade module of my Bar examinations because it gives valuable information for businesses, describing the negotiating process from the perspectives of both the buyer and the seller (who become my clients when there is a dispute).
Grath succeeds in giving a valuable insight into the complete financing process for the busy professional taken from his experience of major European financial institutions. There is a useful glossary at the back and a small index although no web links are given. This handbook is a practical reference guide for everyday use and I found his tables, diagrams, and practical working examples of great help in understanding the key finance areas of international trade in the twenty-first century, and the direction which the global finance markets now appear to be taking.
The handbook is primarily of significant benefit to all international traders as they expand their business opportunities and enter new global markets. It is also a work which educates all new to the industry, and has the facility of easy use for the expert professional, and the newcomer to banks and other trade-related institutions in all parts of the world today. The new edition by Kogan Page is to be enthusiastically welcomed as global markets and transactions dominate the centre stage of new trading outlets, and the problem of payments continues to unravel to a new generation of financiers with all its attendant difficulties.
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Commentary by Phillip Taylor
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A review by Phillip Taylor MBE LL.B (Hons) PGCE Barrister-at-Law, Richmond Green Chambers