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Landmark Cases in Family Law

Editor(s): Stephen Gilmore, Jonathan Herring, Rebecca Probert
Media of Landmark Cases in Family Law
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Published: 01-07-2011
Format: EPUB eBook (?)
Edition: 1st
Extent: 330
ISBN: 9781847317872
Imprint: Hart Publishing
Series: Landmark Cases
RRP: £43.18
Online price : £38.86
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About Landmark Cases in Family Law

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.

Table Of 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

Reviews

“The contributing authors read like a who's who of English family law scholars. The book...combines imagination and authority in its presentation and analysis. The contextualisation of the legal analysis is a particular strength: while not a fully socio-legal approach, the chapters give as much weight to the policy implications of these decisions as to their legal consistency and demonstrate how they do indeed represent turning points in the relationship between law and families.

Family law scholars outside England will find this a valuable source for understanding how England approaches issues that rouble most national family law systems, often because there are no wholly correct answers.

...few people interested in the field could fail to profit from reading it. The book is beautifully written, nicely produced and just full of intrinsically fascinating material.



” –  Robert Dingwall, The Law and Politics Book Review, Volume 22, No.7

“Landmark Cases is not overly legalistic, its appeal transcending the world of lawyers, academic and students. The re-telling of the cases includes some enjoyable prose, often peppered with colourful anecdotes that indulge the voyeuristic side of reading cases: the desire to follow the characters beyond the courtroom. Authors employ Panorama anecdotes, snippets from biographies and obituaries, quotes from novels, verse from Keats and Marvell, and even a Giles cartoon, all to entertain the professional and the general reader alike.

The book can be read cover-to-cover or chapters can be read in isolation.

” –  Simon Edward Rowbotham, Child and Family Law Quarterly, Volume 24, No.1

“There are 13 cases here, addressed by some very big names indeed...anyone with intellectual curiosity would enjoy them.

Were I an editor, contributor or publisher of this brilliant book I would want it spread, or at least read, way beyond such people both 'sideways' to other disciplines and the general public and 'down' to undergraduate students.
Chris Barton
Family Law
November 2011




” –  Chris Barton, Family Law

“…a journey through the 'landmark cases' skilfully selected by the Editors of this Volume provides an effective way of making a study of the law both exciting and pleasurable. But these cases do more than that: they illustrate many of the great changes which have occurred (especially since the end of World War II) in society and in social institutions. The cases discussed also open up many of the fundamental (and often profoundly difficult) moral and social issues which have to be confronted by lawmakers and others who have to resolve them.” –  From the foreword by Stephen Cretney

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