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Durham Law School

Staff Profiles

Dr Andy Hayward, LLB(ELS) LLM PGCAP PhD

Lecturer 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)

Biography

Andy joined Durham Law School in 2009 as a lecturer and academic researcher. Andy 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. 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). He has completed the Postgraduate Certificate of Academic Practice (PGCAP). 

Current Research

Andy’s research focuses on the historical and modern regulation of adult relationships. In particular, he is interested in the property consequences generated by formalised (marriage and civil partnership) and non-formalised (cohabitation and home-sharing) relationships. His work in this area on 'family property' explores the process of 'familialisation of property law' and how the concept of family property finds expression in ownership disputes over the family home. He is also interested in the historical development of the common intention constructive trust.

In addition, Andy is currently researching the reform of registered partnerships from a domestic and comparative family law perspective. He is co-organising a major international family law conference to take place in July 2015 (with Dr Jens M. Scherpe from the University of Cambridge). This project will bring together leading experts, policy-makers and practitioners from over 15 jurisdictions with a view to interrogating the future of registered partnerships. Further details of this project are available here 

Postgraduate Research Supervision

Andy has supervised several postgraduate research students in the fields of Family Law and Equity. 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. 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.

Research Interests

Family Law (especially the Legal Regulation of Formalised and Informal Adult Relationships)

Comparative Family Law

Legal History (especially the History of Family Law)

Trusts and Equity

Property Law

 

Selected Grants

  • 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

Publications

Books: reviews

Conference papers

  • 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

Journal papers: academic

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

Theses: PhD

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

Supervises

Is supervised by