Landmark cases in family law / edited by Stephen Gilmore, Jonathan Herring and Rebecca Probert.

Format:

Book

Contributor:

Gilmore, Stephen, editor.

Herring, Jonathan, editor.

Probert, Rebecca, editor.

Series:

Landmark cases.

Landmark cases

Language:

English

Subjects (All):

Domestic relations--England--Cases.

Domestic relations.

Domestic relations--England--Congresses.

Domestic relations--Wales--Cases.

Domestic relations--Wales--Congresses.

Physical Description:

1 online resource (xxxiv, 297 pages).

Edition:

1st ed.

Place of Publication:

London : Bloomsbury, 2016.

Summary:

"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."--Bloomsbury Publishing.

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

Notes:

"Most of the chapters in this volume were originally presented to fellow contributors as a paper for discussion at a seminar at King's College London in April 2010."--preface.

Includes bibliographical references and index.

ISBN:

9781847317872 (ebook)

9781847317872

1847317871

OCLC:

992247355