Dr Andy Hayward, LLB(ELS) LLM PGCAP PhD
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 different-sex couples. Drawing upon insights from comparative family law, he recently published with Dr Jens M Scherpe from the University of Cambridge, an edited collection with Intersentia, entitled The Future of Registered Partnerships - Family Recognition beyond Marriage? (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). This research, and its implications for policy-makers, also forms the foundation of the Reforming Civil Partnerships project (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 is currently an Academic Fellow of the Honourable Society of the Inner Temple (details available here). 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.
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 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, LawCareers.Net and the Northern Law Awards.
He has completed the Postgraduate Certificate of Academic Practice (PGCAP) and is a Senior Fellow of the Higher Education Academy.
Andy is currently Early Career Researcher Coordinator for the Law School. He is also Co-Director of Gender and Law at Durham (GLAD) (with Anna Jobe), which involves coordinating events and activities relating to law and gender studies.
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 external 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.
- Domestic and Comparative Family Law
- Family Property
- Legal History
- Trusts and Equity
- 2018: Society of Legal Scholars Research Grant - £711.52
- 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
- Hayward, A. (2016). Prenuptial Agreements and the Presumption of Free Choice: Issues of Power in Theory and Practice by Sharon Thompson. Journal of Social Welfare and Family Law 38(4): 480-482.
- Hayward, A. (2015). Review of Marriage Rites and Rights by Joanna Miles, Perveez Mody and Rebecca Probert. Australian Journal of Family Law 29(3): 252-255.
- Hayward, A. (2013). Review of The Changing Legal Regulation of Cohabitation: From Fornicators to Family by Rebecca Probert. Cambridge Law Journal 72(3): 794-796.
- 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 Joanna Miles and Rebecca Probert. Child and Family Law Quarterly 22(3): 371-375.
Chapter in book
- Hayward, A (2020). Relationships with Status: Civil Partnership in an Era of Same-Sex Marriage. In Same-Sex Relationships, Law and Social Change. Hamilton, F & Noto La Diega, G Routledge. (forthcoming).
- Hayward, A (2019). Legal Relationships between Adults and Children in England and Wales. In Adults and Children in Postmodern Societies. Sosson, J, Willems, G & Motte, G Intersentia. 219-248.
- Hayward, A (2018). Relationships between Adults: Marriage, Civil Partnerships and Cohabitation. In Family Law. Lamont, R Oxford University Press. 20-65.
- 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. 71-76.
- Hayward, A (2017). Registered Partnerships in England and Wales. In The Future of Registered Partnerships - Family Recognition beyond Marriage?. Scherpe, JM & Hayward, A Intersentia. 187-224
- Hayward, A (2017). The Future of Civil Partnerships in England and Wales. In The Future of Registered Partnerships - Family Recognition beyond Marriage?. Scherpe, JM & Hayward, A Intersentia. 44: 527-559.
- 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.
- Hayward, A (2013). Judicial Discretion in Ownership Disputes over the Family Home. PhD: 265.
- Scherpe, JM & Hayward, A (2017). The Future of Registered Partnerships - Family Recognition beyond Marriage?. European Family Law. Intersentia.
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.
- Hayward, A. (2019). Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development. Modern Law Review 82(5): 922-935.
- Hayward, A (2019). Taking the Time to Discriminate - R (on the application of Steinfeld and Keidan) v Secretary of State for International Development. Journal of Social Welfare and Family Law 41(1): 92-95.
- Hayward, A (2019). The Steinfeld Effect: Equal Civil Partnerships and the Construction of the Cohabitant. Child and Family Law Quarterly
- Fenwick, H & Hayward, A (2018). From same-sex marriage to equal civil partnerships: on a path towards ‘perfecting’ equality?. Child and Family Law Quarterly 30(2): 97-120.
- Hayward, A. (2017). Justifiable Discrimination - The Case of Opposite-Sex Civil Partnerships. Cambridge Law Journal 76(2): 243-246.
- Fenwick, H. & Hayward, A. (2017). Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically. European Human Rights Law Review 2017(6): 544-563.
- Hayward, A. (2016). Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice. The Conveyancer and Property Lawyer 80(3): 233-242.
- Hayward, A. (2016). Same-sex Registered Partnerships - A Right to be Recognised?. Cambridge Law Journal 75(01): 27-30.
- Hayward, A. (2015). Cohabitants, detriment and the potential of proprietary estoppel: Southwell v Blackburn  EWCA Civ 1347. Child and Family Law Quarterly 27(3): 303-320.
- 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 (Digital/Visual Media)
- Fenwick, H & Hayward, A (2017). Equal Civil Partnerships: Implications of Strasbourg’s latest ruling for Steinfeld and Keidan. UK Human Rights Blog.
- 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 (2019), Cohabitation and the Property Consequences of Relationship Breakdown in England and Wales, Cohabitation Law Reform: Setting the Agenda. University of Glasgow, Scotland.
- Hayward, A (2019), Relationships with Status: Introducing Equal Civil Partnerships in England and Wales, Cardiff Law School, Cardiff.
- Hayward, A (2018), Equal Civil Partnerships and the Construction of the Cohabitant, Workshop on Frontier Research in Children's Rights and Family Law. University College Cork, Ireland.
- Hayward, A (2018), Equal Civil Partnerships and their Impact on Cohabitation Reform, Changing Family Forms. University of Edinburgh, Scotland.
- Hayward, A (2018), The Relationship between Equal Civil Partnerships and Cohabitation Reform, Resolution Seminar. London.
- 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.