Dr Andy Hayward, LLB(ELS) LLM PGCAP PhD
Andy Hayward is presently a permanent lecturer and researcher at Durham Law School. He holds 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). He has completed the Postgraduate Certificate of Academic Practice (PGCAP). Andy also has a doctorate entitled ‘Judicial Discretion in Ownership Disputes over the Family Home’ (supervised by Professor Lorna Fox-O’Mahony). The thesis was examined by Professor Elizabeth Cooke (Law Commissioner for England and Wales responsible for the Property, Family and Trust Law Team) and Professor Nicholas Hopkins, both at the University of Reading. According to the examiners, the 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.
Postgraduate Research Supervision
Andy has supervised postgraduate research students in the fields of Family Law and Equity. He welcomes research proposals from students in the areas of trusts of the family home, Equity and Family Law.
Teaching and Administrative Responsibilities
Andy is module convenor for Family Law, lectures the trusts of the family home component of the Equity course and teaches on the Land Law course. He supervises both undergraduate and postgraduate dissertations in the areas of Family Law and Equity. In addition to his teaching commitments, he is Director of External Relations, has responsibility for maintaining connections with alumni and also administers Prizes and Scholarships within the Law School.
Andy’s main research interests lie in the historical and modern legal regulation of 'family property' and how that concept finds expression within ownership disputes over the family home. In particular, his research focuses on the intersection of property law, equity and family law in this area alongside the 'familialisation of property law'. His work explores the differing legal treatment afforded to individuals dependant upon relationship status and the difficulties generated by informal arrangements such as cohabitation and home-sharing. He is particularly interested in the historical development of the common intention constructive trust.
Family Law (especially the Legal Regulation of Formalised and Informal Adult Relationships)
Legal History (especially the History of Family Law)
Trusts and Equity
- 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
- Hayward, A. (2013). 'Review of The Changing Legal Regulation of Cohabitation: From Fornicators to Family by Rebecca Probert'. Cambridge Law Journal 72(3).
- Hayward, A. (2012). 'Review of Marital Agreements and Private Autonomy in Comparative Perspective by Jens M Scherpe'. Australian Journal of Family Law 26: 174-176.
- Hayward, A. (2010). 'Review of Sharing Lives, Dividing Assets: An Inter-Disciplinary Study by Jo Miles and Rebecca Probert'. Child and Family Law Quarterly 22(3): 371-375.
- Hayward, A (2014), Achieving Social Justice in Ownership Disputes over the Family Home: The Case for Structured Judicial 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 in England and Wales, Association of Law, Property and Society. University of British Columbia, Vancouver, Canada.
- Hayward, A. (2013), 'Half a Century of ‘Morals & 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 for Law, Property, and Society. Georgetown Law School, Washington DC.
- Hayward, A. (2008), Trusts of the Family Home: Legislative Intervention or Judicial Innovation, Institute for Commercial and Corporate Law, Durham Law School..
Essays in edited volumes
- Hayward, A. (2013). Finding a Home for 'Family Property': Stack v Dowden & Jones v Kernott. In Landmark Cases in Land Law. Gravells, N. Hart.
- 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.
Journal papers: academic
- Hayward, A (2012). 'Family Property' and the Process of Familialisation of Property Law'. Child and Family Law Quarterly 24(3): 284-303.
- Hayward, A. (2009). Family Values in the Home: Fowler v Barron. Child and Family Law Quarterly 21(2): 242-256.
Other media: research
- 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
- Hayward, A (2013). Judicial Discretion in Ownership Disputes over the Family Home. PhD: 265.