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.
Stephen Gilmore is Senior Lecturer in Family Law at King's College London. Jonathan Herring is a Professor of Law at Oxford University and a Fellow of Exeter College. Rebecca Probert is Professor of Law at the University of Warwick.
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  AC 668 J v C: Placing the Child's Welfare Centre Stage Nigel Lowe 4. Corbett v Corbett (Otherwise Ashley) P 83 Corbett v Corbett: Once a Man, Always a Man? Stephen Gilmore 5. Szechter (Orse Karsov) v Szechter  P 286 'But I Didn't Really Want to Get Married' David McClean and Mary Hayes 6. Poel v Poel  1 WLR 1469 Poels Apart: Fixed Principles and Shifting Values in Relocation Law Rachel Taylo r 7. S v S; W v Official Solicitor  AC 24 Welfare, Truth and Justice: The Children of Extra-marital Liaisons Andrew Bainham 8. Wachtel v Wachtel  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  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  AC 112 The Gillick Decision - Not Just a High-water Mark Jane Fortin 12. R v R  1 AC 599 No More Having and Holding: The Abolition of the Marital Rape Exemption Jonathan Herring 13. Fitzpatrick v Sterling Housing Association  1 AC 27 Fitzpatrick v Sterling Housing Association: A Perfectly Pitched Stall Lisa Glennon 14. White v White  1 AC 596 A Late Instalment in a Long Story Elizabeth Cooke