PRACTICE DIRECTION FOR ANCILLARY RELIEF-- Pre-application protocolOn 25 May 2000, a President's direction was signed by Dame Elizabeth Butler-Sloss.

It sets out a pre-action protocol for ancillary relief proceedings.

Its object is to outline the steps parties should take to deal with information prior to the commencement of any ancillary relief application (para 2.1).Pre-action protocols are defined in the glossary to Civil Procedure Rules 1998 as statements of understanding between legal practitioners and others about pre-action practice and which are 'approved by a practice direction'.

Lord Wolf speaks of 'an expectation of openness and co-operation between parties from the outset, supported by pre-action protocols on disclosure and experts'; and he seems to consider (as does the glossary to CPR 1998) that the protocols will be prepared by practitioners (Access to Justice: Final Report by Lord Woolf MR, (July 1996, HMSO pp 5 and 107-111).When the new rules were made there were two specified protocols; others are in the pipeline.THE PROTOCOL IN PRACTICEThe object of the protocol is to encourage parties to negotiate openly and disclose.

Alternatively parties may prefer to issue proceedings so as to start the court timetable, 'controlling disclosure and endeavouring to avoid the costly final hearing' (para 2.4).The court is entitled to decide whether there has been a non-compliance with the protocol (para 1.3), for which there may be 'consequences' in costs.

As against the encouragement to use the protocol and delay issuing proceedings, solicitors are reminded of the 'advantages of having a court timetable and court managed process' (para 2.2).The protocol is to encourage pre-application disclosure (paras 1.2(a), 2.7 and 3.5) and restricts this to the documents required by Form E - ie bank statements (where an account is in credit), valuations of the former matrimonial home (if available), payslips and Form P60 or accounts, and surrender valuations of life policies: the parties are reminded of 'the duty of full, frank and clear disclosure of facts, information and documents' (para 3.4) - an important reminder for all ancillary relief clients.COURT BUNDLES: REMINDERPractitioners in family courts were directed by Practice Direction (Family proceedings: Court Bundles) (10 March 2000) [2000] 1 FLR 536 as to how to prepare bundles for use in family proceedings.

The practice direction came into operation on 2 May 2000.

Not only are lawyers required to arrange documents in a particular order; but also the bundle must have at the beginning a case summary, a statement of the issues, a summary of the order sought, a chronology and skeleton arguments (para 3.1).Wall J found it necessary, in Re H (a Minor) (Court bundles: Disallowance of fees) (2000) The Times, 6 June, to remind family lawyers of the practice direction.

Even a hearing for less than half a day - although not apparently covered by the PD - requires a bundle, as should be patently obvious to any competent advocate it was said.

It was totally unacceptable to expect a judge to find his/her way around the court file: a sorry judicial comment on court practice in these days of court control of the litigation process.

The solicitors and counsel were disallowed their costs under CPR 1998 r.44.14.