Joanna Miles: Publications

Books

  • Family Law: Text, cases, and materials (with Rob George, Sonia Harris-Short) (OUP) 5th Edition forthcoming
  • Fifty Years of the Divorce Reform Act 1969 (ed) (Hart Publishing, 2022)
  • Family Law and Family Realities: 16th ISFL World Conference Book (ed) (Eleven Publishing, 2019)
  • Family Law: Text, cases, and materials (with Rob George, Sonia Harris-Short) (OUP, 2019) 4th Edition
  • Marriage Rites and Rights (with Rebecca Probert and Perveez Mody) (Hart, 2015)
  • Family Law: Text, Cases and Materials, and substantial online updates posted every 6 months (with Sonia Harris-Short, Rob George) (OUP, 2015) 3rd Edition
  • The Future of Family Property in Europe: proceedings of the 4th conference of the Commission on European Family Law (with Katharina Boele-Woelki and Jens Scherpe) (eds) (Intersentia, 2011)
  • Sharing Lives, Dividing Assets (with Rebecca Probert) (eds) (Hart Publishing, 2009)

Articles

  • "Civil partnership: ties that (also) bind?" (2019) 31 CFLQ 303
  • "Rules versus discretion in financial remedies on divorce" (2019) 33 International Journal of Law, Policy and the Family issue 1
  • "Meal tickets for life? The need for evidence-based evaluation of financial remedies law" [2018] Fam Law (Aug issue)
  • "Financial remedy outcomes on divorce in England & Wales: not a meal ticket for life" (2018) 31 Australian Journal of Family Law issue 2
  • "Introduction: Anglo-Australian financial remedies law: Current challenges, possible solutions" (2018) 31 Australian Journal of Family Law issue 2
  • "Financial Remedies Courts" (2017) 47 Family Law, June issue
  • "The recognition of money work as a specialty in the family courts by the creation of a national network of Financial Remedies Units" (2016) Family Law - November issue
  • "Mediation, financial remedies, information provision and legal advice: the post-LASPO conundrum" [2016] JSWFL online publication May 2016
  • "Child Support Judgments: Comparing Public Policy to the Public's Policy" (2014) 28 International Journal of Law, Policy and the Family 274
  • "Assembling the jigsaw puzzle: understanding financial settlement on divorce" [2014] Family Law, March issue
  • "Child maintenance: how much should the state require fathers to pay when families separate?" (2013) 43 Family Law 1296
  • "In scope but out of reach: Examining differences between publicly funded telephone and face-to-face family law advice" (2013) 25 CFLQ issue 3
  • "Reforming family law – the case of cohabitation: ‘things may not work out as you expect'" (2012) Journal of Social Welfare and Family Law 167
  • "When exceptional is the rule: mental health, family problems and the reform of legal aid in England and Wales" (2012) 24 Child and Family Law Quarterly issue 3
  • "Legal aid and exceptional funding - a postscript" [2011] 41 Family Law, November issue
  • "Legal aid, Article 6 and 'Exceptional Funding' under the Legal Aid etc Bill 2011" [2011] 41 Family Law 1003
  • "Marriage and divorce in the Supreme Court and the Law Commission: for love or money?" [2011] 74 MLR 430
  • "Cohabitation: lessons from research north of the border>" (2011) 23 Child and Family Law Quarterly issue 3
  • "'Radmacher v Granatino: upping the ante-nuptial agreement' [cited in written and oral argument in Supreme Court appeal, March 2010]" Child and Family Law Quarterly 21: 4
  • "The Coroners and Justice Act: making a ‘dog’s breakfast’ of homicide reform" (2009) 10 Archbold News 5
  • ""The Experience of Relationship Breakdown and Civil Law Problems by People in Different Forms of Relationship"" 21 Child and Family Law Quarterly issue 1
  • "Sexual Offences: consent, capacity and children" (2008) 10 Archbold News 5
  • "Charman v Charman: making sense of need, compensation and equal sharing after Miller/McFarlane" (2008) Child and Family Law Quarterly 378
  • "Principle or pragmatism in ancillary relief? [cited in written argument in Miller v Miller, McFarlane v McFarlane [2006] UKHL 24; cited in judgment in Charman v Charman" (2005) International Journal of Law, Policy and the Family (Special issue) 242-56
  • "Theories of financial provision and property division on relationship breakdown: an analysis of the New Zealand legislation [cited in written argument in Miller v Miller, McFarlane v McFarlane [2006]]" [2004] NZ Universities Law Review 268-308
  • "Dealing with economic disparity: an analysis of section 15 of the Property (Relationships) Act 1976 (NZ) [cited in P v P [2005] NZFLR 689]" [2003] NZ Law Review 535-568
  • "Property law v family law: resolving the problems of family property" (2003) 23 Legal Studies 624-48
  • "Human rights and child protection" (2001) 13(4) Child and Family Law Quarterly 431-454
  • "Standing under the Human Rights Act 1998: theories of rights enforcement and public law adjudication" (2000) 59 Cambridge Law Journal 133-167
  • "The Unsettling of Settled Law on Settled Accommodation: the House of Lords & the homelessness legislation old & new" (1997) Journal of Social Welfare and Family Law 267-289

Book Chapters

  • "Judging Matrimonial Behaviour" in Joanna Miles, Daniel Monk, Rebecca Probert (ed(s)), Fifty Years of the Divorce Reform Act 1969 (Hart, 2022)
  • "'Irretrievably broken?' Introducing the Life-Story of the Divorce Reform Act 1969" (with Joanna Miles, Daniel Monk, Rebecca Probert) in Joanna Miles, Daniel Monk, Rebecca Probert (ed(s)), Fifty Years of the Divorce Reform Act 1969 (Hart), forthcoming
  • "Should the property regime be discretionary or rules-based?" in Joanna Miles (ed(s)), Modern Family Finances (Intersentia, 2017)
  • "Unmarried cohabitation in a European perspective" (with Scherpe), Research Handbook on European Family Law (Elgar, 2014)
  • "The Legal Consequences of Dissolution: Property and Financial Support Between Spouses" (with Eekelaar and George), Routledge Handbook of Family Law and Policy (Routledge, 2014)
  • "Marital agreements: 'the more radical solution'" (with Probert and Barton), Fifty years in Family Law: Essays for Stephen Cretney (Intersentia, 2012), pp. 93-102
  • "Legal aid reform and domestic violence" (with R. Probert and A. Kingston), Tackling Domestic Violence (Takeaway Publishing, 2012)
  • "Responsibility in family finance and property law" (with Bridgeman, Keating and Lind), Regulating Family Responsibilities (Ashgate, 2010)
  • "England and Wales" (with Jens Scherpe), Marital Agreements and Private Autonomy in Comparative Perspective (Hart, 2010)
  • "Sharing Lives, Dividing Assets: legal principles and real life"" (with Rebecca Probert), Sharing Lives, Dividing Assets (Hart, 2009)
  • "Financial relief between cohabitants: options for European jurisdictions (paper delivered at conference of Commission on Europe)" (with Boele-Woelki and Sverdrup), European Challenges in Contemporary Family Law (Intersentia, 2008), pp. 269-87
  • "Standing in a multi-layered constitution" (with Bamforth and Leyland), Public Law in a Multi-layered Constitution (Hart Publishing, 2003)
  • "Contact with children subject to state intervention" (with Bainham, Lindley, Richards and Trinder), Children and their Families: Contact, Rights and Welfare (Hart, 2003)
  • "Domestic Violence" (with J. Herring), Family Law: Issues, Debates, Policy (Willan Publishing, 2001), pp. 78-124

Book Reviews

  • Review of Nick Wikeley: Child Support Law and Policy (2008) 20 Child and Family Law Quarterly 541

Case Notes

  • "Cohabitation: lessons for the south from north of the border?" case note on Gow v Grant [2012] UKSC 29 (2012) CLJ 492 Defining 'domestic violence': housing law and beyond (2011) Cambridge Law Journal Nov issue
  • Family abuse, privacy and state intervention (2011) CLJ 32
  • Agreements for Grown ups? (2009) CLJ 285
  • Black letter law with a hint of grey: case note on Kennedy (no 2) [2007] UKHL 38 (2008) Cambridge Law Journal 17
  • Mind the gap - child protection, statutory interpretation and the Human Rights Act - case note on Re S (Minors)(Care Order: Implementation of Care Plan) [2002] (HL) (2002) 61 Cambridge Law Journal 533-537
  • Equality on Divorce? - case note on White v White [2000] (HL) (2001) 60 Cambridge Law Journal 46-49

Conference Papers

  • "Financial settlements on divorce: what do we know?" (Financial remedies roundtable meeting, House of Lords)
  • "A glimpse into financial remedies in practice in England & Wales: the case of the primary carer wife" (Anglo-Australian Financial remedies workshop)
  • "Empirical research into financial remedies on divorce: scaling the mountain" (Society of Legal Scholars, Dublin 2017)
  • "The reality of financial settlements on divorce in England and Wales: findings from an empirical study" (International Society of Family Law World Conference, Amsterdam 2018)
  • "Rules versus discretion – the case of financial remedies on divorce" (Socio-Legal Studies Association, Newcastle 2017)
  • "Rules, principles and discretion in financial remedy law: should we be giving our bus drivers (and passengers) clearer directions?" (Family and Child Law Research Group seminar, University of Melbourne)
  • "Should the regime be discretionary or rules based? " (University of Otago Colloquium on 40 Years of the Property (Relationships) Act: Reflections and Reform, NZ )
  • "Who gets what, and why? Initial findings on financial settlements on divorce" (Society of Legal Scholars annual conference, Oxford 2016)
  • "Family property law: dealing with the f-word " (Cambridge Centre for Private Law work in progress seminar)
  • "Review of cohabitation legislation and reform north and south of the borderK" (ESRC Research Centre for Population Change: Cohabitation in the UK workshop)
  • "Assembling the Jigsaw Puzzle Understanding financial settlements on Divorce" (Judicial College)
  • "Public views on calculating child maintenance: the impact of repartnering" (Society of Legal Scholars)
  • "Defining financial needs: the FJC guidance" (Family Law Bar Association)
  • "How much the state should require fathers to pay when families separate" (Socio-Legal Studies Association)
  • "Assembling the jigsaw puzzle: understanding financial settlement on divorce" (Socio-Legal Studies Association)
  • "Truly exceptional funding?" (Access to Justice: Comparative Analysis of Cuts to Legal Aid, University of Warwick)
  • "Does contact matter? Findings from the BSA child support study" (ESRC seminar: Child Maintenance: International Perspectives and Policy Challenges)
  • "LIPS, LASPO and the state of family justice" (Inner Temple lecture series)
  • "Settling financial matters on divorce: some findings from recent research" (Family Justice Council interdisciplinary conference)
  • "Autonomy and fairness: a principled way forward" (Marriage Bargains, Nuffield Foundation, 4 Dec 2012)
  • "Bracing ourselves for the perfect storm: the impact of family justice and legal aid reform" (Inaugural conference for Centre for Professional Legal Education and Research (CEPLER), University of Birmingham)
  • "When Exceptional is the Rule: mental health, family problems and the reform of legal aid in England and Wales" (LSRC International Research Conference, Oxford)
  • "In scope but out of reach? Examining differences between publicly funded telephone and face-to-face family law advice in terms of stage reached and outcome achieved" (SLS conference, Bristol)
  • "Family proceedings without legal aid" (Leverhulme International Network on New Families, New Governance workshop)
  • "Financial remedies and dispute settlement" (Family Law Outputs Group, Oxford)
  • "Pre-nuptial agreements since Radmacher" (for Deans Court Chambers, Manchester FLBA)
  • "Property and marriage" (University of Glasgow workshop on marriage)
  • "A perfect storm in family justice" (FLBA Regional Conference on the Family Justice Review, Cambridge)
  • "Legal aid, Article 6 and exceptional funding under the Legal Aid etc Bill 2011" (SLS conference, Cambridge)
  • "Marital obligation after Radmacher and the Law Commission" (SLSA)
  • ""Cohabitation law in Scotland: are there any implications for England and Wales?" paper given to SLS Family Law section, Southampton, Sept 2010" ()
  • ""Cohabitation law in Scotland: what have we found out?" paper given to SLSA Family Law and Policy section, Bristol, March 2010" ()
  • "Sharing Lives, Dividing Assets: what do we know about how couples manage their lives together..." (Debt and Indebtedness, Cambridge 2009)
  • "Two contemporary problems in the law of financial relief following divorce: compensation and forum non conveniens" (The International Family Justice Judicial Conference for Common Law and Commonwealth Jurisdictions)
  • ""Cohabitation law in Scotland: what’s going on?"" (SLSA Family Law and Policy stream 2009)
  • ""Cohabitation law reform: challenges and pitfalls"" (SLS Family Law annual seminar)
  • "Responsibility in family finance and property law" (Gender, Family Responsibility and Legal Change, University of Sussex)
  • "Various papers given as member of Law Commission Cohabitation project team to academic and practitioner conferences in London, Edinburgh, Manchester, Keele, Oslo" ()
  • "Panel speaker at final meeting in ESRC Seminar Series: 'Changing Social Norms, Changing Family Law? Rights and Responsibilities for Partners, Friends and Carers', [Dec 2005]" ()
  • "Panel member: Judicial Reasoning and the Human Rights Act Symposium, University of Durham, Human Rights Centre (with Professor Helen Fenwick, Professor Ian Leigh, Rabinder Singh QC, chaired by Keene LJ) [April 2005]" ()
  • ""Recent developments in law and policy on domestic violence", at East of England Domestic Abuse Conference (on 3 member panel with Harriet Harman and Janet Paraskeva, Chief Executive of the Law Society)" ()
  • ""Possibility, Deference and section 3 of the HRA" - to the Civil Liberties section of the Society of Legal Scholars' conference [Oxford, September 2003]" ()
  • ""Sharing homes: some lessons from the English experience" - one of two invited papers at the Irish Law Reform Commission's seminar on cohabitation law reform, (Dublin, Dec 2002)" ()
  • "Against Civil Partnership" (Beyond Civil Partnership, convened by Clare Chambers, Cambridge 2019)

Reports

  • Financial remedies on divorce: the need for evidence-based law reform
  • Understanding the lives of separating and separated parents in the UK: what evidence do we need?
  • Child maintenance: how would the British public calculate what the State should require parents to pay?
  • Litigants in person in private family law cases
  • Assembling the jigsaw puzzle: understanding financial settlement on divorce
  • Child Maintenance: how much the state should require fathers to pay when families separate
  • Written evidence to Public Bill Committee on Legal Aid, Sentencing and Punishment of Offenders Bill 2011
  • Legal practitioners’ perspectives on the cohabitation provisions of the Family Law (Scotland) Act 2006
  • "Financial provision on divorce", in Reviewing the Review: a roundtable discusssion of Every Family Matters, a collection of commentaries on the family law proposals on the Centre for Social Justice paper, Every Family Matters
  • Response to Ministry of Justice consultation paper on murder etc reform
  • Response to the Resolution/Odysseus Trust consultation on its Living Together proposals