Full Description
There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts.
In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.
Contents
1. Introduction: A Journey Through the Landmark Cases of Family Law
Stephen Gilmore, Jonathan Herring and Rebecca Probert
2. The Roos Case (1670)
The Roos Case and Modern Family Law
Rebecca Probert
3. J v C [1970] AC 668
J v C: Placing the Child's Welfare Centre Stage
Nigel Lowe
4. Corbett v Corbett (Otherwise Ashley)[1971] P 83
Corbett v Corbett: Once a Man, Always a Man?
Stephen Gilmore
5. Szechter (Orse Karsov) v Szechter [1971] P 286
'But I Didn't Really Want to Get Married'
David McClean and Mary Hayes
6. Poel v Poel [1970] 1 WLR 1469
Poels Apart: Fixed Principles and Shifting Values in Relocation Law
Rachel Taylo r
7. S v S; W v Official Solicitor [1972] AC 24
Welfare, Truth and Justice: The Children of Extra-marital Liaisons
Andrew Bainham
8. Wachtel v Wachtel [1973] Fam 72
Bringing an End to the Matrimonial Post Mortem: Wachtel vWachtel and its Enduring Significance for Ancillary Relief
Gillian Douglas
9. Marckx v Belgium (1979-80) 2 EHRR 14
The Marckx Case: A 'Whole Code of Family Law'?
Walter Pintens and Jens M Scherpe
10. Burns v Burns [1984] Ch 317
Burns v Burns: The Villain of the Piece?
John Mee
11. Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security [1986] AC 112
The Gillick Decision - Not Just a High-water Mark
Jane Fortin
12. R v R [1992] 1 AC 599
No More Having and Holding: The Abolition of the Marital Rape Exemption
Jonathan Herring
13. Fitzpatrick v Sterling Housing Association [2001] 1 AC 27
Fitzpatrick v Sterling Housing Association: A Perfectly Pitched Stall
Lisa Glennon
14. White v White [2000] 1 AC 596
A Late Instalment in a Long Story
Elizabeth Cooke
