Dr Andy Hayward, LLB(ELS) LLM PGCAP PhD
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 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, 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).
In Epiphany term 2015, he was a Visiting Scholar at the Faculty of Law, University of Cambridge and Bye-Fellow at Robinson College, Cambridge.
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 co-organised a major international family law conference in July 2015 (with Dr Jens M. Scherpe from the University of Cambridge). This project brought 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 also received the University Excellence in Learning and Teaching Award in recognition of his outstanding contribution to teaching at Durham.
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.
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
- 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). Review of 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 (forthcoming).
- 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.
Essays in edited volumes
- Hayward, A. (2016). 'Family Property' and the Process of Familialisation of Property Law. In Marital Rights. Leckey, R. Ashgate. (forthcoming).
- 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.
Journal papers: academic
- 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 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. (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.
- 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.
- Hayward, A (2013). Judicial Discretion in Ownership Disputes over the Family Home. PhD: 265.