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Islam, Law and Modernity

Research

Dr Andy Hayward, LLB(ELS) LLM PGCAP PhD

Assistant Professor in Durham Law School
Director of External Relations, Durham Law School
Telephone: +44 (0) 191 33 42808
Fax: +44 (0) 191 33 42801
Room number: PCL126

Contact Dr Andy Hayward (email at a.p.hayward@durham.ac.uk)

Research

Andy’s research interests lie in family law, property law, equity and legal history (especially the history of family law). Adopting both historical and modern perspectives, his research critically analyses the legal regulation of formalised and non-formalised adult relationships and, in particular, the property consequences generated by their breakdown. He has presented his research at both national and international conferences.

Andy is currently working on two research projects. The first project focuses on the reform of civil partnerships in England and Wales and, in particular, the extension of such relationship status to opposite-sex couples. Drawing upon insights from comparative family law, he is publishing with Dr Jens M Scherpe from the University of Cambridge, an edited collection with Intersentia, entitled The Future of Registered Partnerships (details available here). This work is the product of a major international family law conference held in Cambridge in July 2015 that brought together leading academic experts, policy-makers and practitioners from over 15 jurisdictions with a view to interrogating the future of registered partnerships (details available here). 

Andy also researches in the field of family property law. He has a particular interest in the 'familialisation of property law' alongside the development of both the common intention constructive trust and proprietary estoppel. This research has been cited favourably extra-judicially by Lord Kerr, Justice of the Supreme Court and builds upon Andy’s doctoral research entitled Judicial Discretion in Ownership Disputes over the Family Home. Supervised by Professor Lorna Fox-O’Mahony, the thesis was examined by Judge Elizabeth Cooke and Professor Nicholas Hopkins (Law Commissioner for England and Wales responsible for the Property, Family and Trust Law Team). According to the examiners, Andy’s thesis provided a ‘scholarly, careful and fresh analysis’ of the function and structure of judicial discretion deployed within the context of ownership disputes over the family home. 

Andy also holds first class degrees from the University of Durham (LLB (ELS) involving an ERASMUS year at the bilingual University of Fribourg in Switzerland) and the University of Cambridge (LLM (Magdalene College)).

Andy has also held several visiting positions at universities in Europe including the Université Catholique de Louvain (Belgium), the Institut de Droit Comparé Edouard Lambert, Université Jean Moulin III, Lyon (France) and the University of Cambridge (Faculty of Law and Bye-Fellow at Robinson College). 

Andy’s Twitter handle is @DrAndyHayward; he tweets in a personal capacity.

Teaching

Andy has teaching expertise on the modules of family law, land law, equity & trusts and legal history (especially Married Women’s Property). In 2009 he established the popular Law of Family Relationships module and to acknowledge student success on that course created the Lord Justice McFarlane Prize in Family Law, offering the top three students marshalling opportunities at the Royal Courts of Justice. In recognition of his outstanding contribution to teaching on that course and more generally at Durham he received the University Excellence in Learning and Teaching Award in 2016 and nominations for Lecturer of the Year by Durham University’s Student Union.

He has completed the Postgraduate Certificate of Academic Practice (PGCAP) and is a Fellow of the Higher Education Academy.

Administrative Responsibilities

From 2010-2017, Andy was Director of External Relations with responsibility for maintaining connections with alumni, administering the Law School’s Prizes and Scholarships portfolio, hosting distinguished speakers and developing strategic relationships with the legal profession.

In 2016-2017, Andy was Director of Gender and Law at Durham (GLAD), which involved coordinating events and activities relating to law and gender studies, alongside administering research internships and the Lady Hale Prize for Best Dissertation in Law and Gender. He was also a member of the Self-Assessment Team for the purposes of the Law School’s Athena Swan Application.

Andy is currently on research leave for Academic year 2017-2018.

Postgraduate Research Supervision

Andy has supervised several postgraduate research students in the fields of Family Law and Equity (Master of Jurisprudence (MJur) and Doctor of Philosophy (PhD)) and acted as an examiner. Previous research projects include the meaning of ‘needs’ in the granting of Financial Orders, reform of divorce law and the legal recognition of prenuptial agreements.

Andy welcomes research proposals from students in the areas of modern and historical family law (adult relationships), comparative family law and equity, especially trusts of the family home.

Research Projects

Durham Law School

  • Grants

Publications

Book review

Chapter in book

  • Hayward, A (2018). England and Wales. In Adults and Children in Postmodern Societies. Sosson, J, Willems, G & Motte, G Intersentia. (forthcoming).
  • Hayward, A (2018). Relationships between Adults: Marriage, Civil Partnerships and Cohabitation. In Family Law. Lamont, R Oxford University Press. (forthcoming)
  • Hayward, A (2018). The Married Women's Property Act 1882. In Women's Legal Landmarks: Celebrating 100 Years of Women and Law in the UK and Ireland. Auchmuty, R & Rackley, E Hart. (forthcoming)
  • Hayward, A (2017). Registered Partnerships in England and Wales. In The Future of Registered Partnerships. Scherpe, JM & Hayward, A Intersentia. (forthcoming)
  • Hayward, A (2017). The Future of Civil Partnerships in England and Wales. In The Future of Registered Partnerships. Scherpe, JM & Hayward, A Intersentia. (forthcoming)
  • Hayward, A. (2016). 'Family Property' and the Process of Familialisation of Property Law. In Marital Rights. Leckey, R. Ashgate. 265-287.
  • Hayward, A. (2013). Finding a Home for 'Family Property': Stack v Dowden & Jones v Kernott. In Landmark Cases in Land Law. Gravells, N. Hart. 229-252.
  • Hayward, A (2012). ‘The ‘Context’ of Home: Cohabitation and Ownership Disputes in England and Wales’. In Community, Home and Identity. Diamond, M & Turnipseed, T Ashgate. 179-206.

Doctoral Thesis

  • Hayward, A (2013). Judicial Discretion in Ownership Disputes over the Family Home. PhD: 265.

Edited book

Edited Sources, Research Data Sets, and Databases

  • Hayward, A (2017). Death and legal family formats in the UK: England and Wales. Waaldijk, K The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples. INED.
  • Hayward, A (2017). Income, troubles and legal family formats in the UK: England and Wales. Waaldijk, K, The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples. INED.
  • Hayward, A (2017). Migration and legal family formats in the UK: England and Wales. Waaldijk, K The LawsAndFamilies Database – Aspects of legal family formats for same-sex and different-sex couples. INED.

Journal Article

Other (Digital/Visual Media)

  • Hayward, A (2014). Conscious Uncoupling and the Sanitisation of Divorce. The Conversation
  • Hayward, A (2010). The Fairness in Enforcing a Broken Promise: Radmacher v Granatino and Prenuptial Agreements. Human Rights in Ireland
  • Hayward, A (2010). The Gender Dimension of Prenuptial Agreements: Radmacher v Granatino. Inherently Human
  • Hayward, A (2009). Cohabitation in England and Wales: Lessons from Ireland? Human Rights in Ireland

Presentation

  • Hayward, A & Fenwick, H (2017), Reforming Civil Partnerships in England and Wales: Reflections on Steinfeld, International Society of Family Lawyers World Conference. Vrije Universiteit, Amsterdam, The Netherlands.
  • Hayward, A (2017), Which Relationships? Which Legal Forms? The Protection of the Parent-Child Relationship in England and Wales, Procreating, Fostering and Passing on: Adults and Children in Post-Modern Societies. Université catholique de Louvain, Belgium.
  • Hayward, A (2016), Alternative Family Forms in England and Wales, Il diritto di famiglia tra modelli tradizionali e nuove declinazioni: Esperienze a confronto. Bocconi University, Milan, Italy.
  • Hayward, A. (2016), Cohabitation Disputes and the Reimagining of Proprietary Estoppel, Association of Law, Property and Society. Queen's University Belfast, Belfast
  • Hayward, A (2015), The Future of Civil Partnerships, The Society of Legal Scholars Annual Conference. York Law School, United Kingdom.
  • Hayward, A (2015), Towards a Concept of Family Property in England and Wales, Centre for Private Law Seminar Series. Universitat Pompeu Fabra, Barcelona, Spain.
  • Hayward, A (2014), Achieving Social Justice in Ownership Disputes over the Family Home: The Case for Structured Discretion, Newcastle Forum for Human Rights and Social Justice Seminar Series. Newcastle Law School.
  • Hayward, A. (2014), Judicial Discretion in Ownership Disputes over the Family Home, Association of Law, Property and Society. University of British Columbia, Vancouver, Canada.
  • Hayward, A. (2013), Half a Century of Morals and Marriage - Fifty Years Ahead of its Time or Two Hundred Years Out of Date? - A Response, Lord Devlin Golden Jubilee Lecture. Centre for Catholic Studies, Durham.
  • Hayward, A (2013), The Process and Potential of Familialisation of Property Law, Trusts of the Family Home and the Frontiers of Family Property: Domestic and Comparative Perspectives, Modern Law Review Seminar Series. Durham Law School.
  • Hayward, A (2010), Contextualising Home: The Devil's in the Detail, Modern Studies in Property Law. University of Oxford.
  • Hayward, A (2010), Uncovering the Identity of the Family Home: Recent Trends in Ownership Disputes over the Family Home in England and Wales, Association of Law, Property and Society. Georgetown Law School, Washington DC, USA.
  • Hayward, A. (2008), Trusts of the Family Home: Legislative Intervention or Judicial Innovation?, Institute for Commercial and Corporate Law, Durham, United Kingdom.

Media Contacts

Available for media contact about:

  • English Law: Marriage - the historical regulation, modern conceptualisation of marriage, debates concerning same sex marriage.
  • Gender and law: Marriage - the historical regulation, modern conceptualisation of marriage, debates concerning same sex marriage.
  • Law & Crime: cohabitation - the legal regulation, rights and remedies available on relationship breakdown and the issues surrounding home sharing in general.
  • English Law: cohabitation - the legal regulation, rights and remedies available on relationship breakdown and the issues surrounding home sharing in general.
  • Gender and law: cohabitation - the legal regulation, rights and remedies available on relationship breakdown and the issues surrounding home sharing in general.
  • Law & Crime: Division of assets - ancillary relief / Financial Orders, how the courts divide assets upon divorce or dissolution of a civil partnership, the legal validity of prenuptial agreements.
  • English Law: Division of assets - ancillary relief / Financial Orders, how the courts divide assets upon divorce or dissolution of a civil partnership, the legal validity of prenuptial agreements.
  • Gender and law: Division of assets - ancillary relief / Financial Orders, how the courts divide assets upon divorce or dissolution of a civil partnership, the legal validity of prenuptial agreements.
  • Law & Crime: Divorce - legal regulation, divorce reform.
  • English Law: Divorce - legal regulation, divorce reform.
  • Gender and law: Divorce - legal regulation, divorce reform.

Selected Grants

  • 2016: Economic and Social Research Council Impact Mentoring Scheme Grant - £750.00
  • 2016: Society of Legal Scholars Research Grant - £459.00
  • 2014: Society of Legal Scholars Research Grant - £1,096.00
  • 2013: 'Trusts of the Family Home and the Frontiers of Family Property: Domestic and Comparative Perspectives' - The Modern Law Review Seminar Series - £2,870

Supervises

Is supervised by