Mr Alexander Aspinwall
Alex is studying towards a Master of Jurisprudence (MJur) and works as a part-time tutor on the Law of Family Relationships module. He holds a first-class degree in Law (LLB) from Durham University and was awarded the Macfarlanes prize for achieving the highest mark in the Trust Law cohort.
At Undergraduate level, Alex was an active member of the law school. This included serving on the Durham Law Review executive committee and as President of Durham Mooting Society 2018-2019. He currently serves as Postgraduate Mooting Officer within the Society and aims to encourage postgraduate engagement with advocacy at the law school.
He has undertaken multiple work placements with a broad range of barrister chambers across the North West of England and has also sat with numerous judges in the High Court Family division. Alex further enjoys competitive Mooting and has extensive public speaking experience.
Alex’s thesis focuses on the use of judicial discretion when a judge is making a Child Arrangement Orders under s8 of the Children Act 1989. Alex intends to evaluate the legislative framework through the jurisprudential distinction of rules and principles in order to explore the role of discretion in this particular area of law. His research will then attempt to use this theoretical landscape to explore the tension between paramountcy within child law and the deontological approach seemingly necessitated under the current ECHR regime. This modified approach advocated by the thesis would require a court to engage more meaningfully in a process of weighing competing rights within the current ECHR framework and to thus treat the interests of children as one of multiple factors to be considered within any welfare analysis. He is supervised by Dr Andy Hayward (Primary) and Professor Helen Fenwick (Secondary).
Alex holds office hours from on Tuesdays 10.00-11.00 in PCL129