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Ms Joanna Miles's picture

Email

jkm33@cam.ac.uk
LL.B. (Nott), LL.M. (Cantab.)
Fellow and Director of Studies (Trinity College); University Senior Lecturer in Law

CV / Biography

 

Fellow at Trinity since 1999; appointed University Lecturer in 2007, following a two-year secondment as a team lawyer to the Law Commission for England and Wales to work on its Cohabitation project, 2005-7; Senior Lecturer from October 2011.

For information about studying Law at Trinity College, see www.trin.cam.ac.uk/law

Other appointments and positions

Academic door tenant at 1 Hare Court (Chambers of Nicholas Cusworth QC), the specialist family law set, since April 2011. 

Academic Fellow of Inner Temple, 2011-14.

Assistant editor of the Child and Family Law Quarterly. 

Elected member of the Executive Council of the International Society of Family Law.

Invited member of the International Academy of Family Lawyers.

Chair of the Cambridge Socio-Legal Group: http://www.law.cam.ac.uk/about-the-faculty/cambridge-socio-legal-group.php 

Research and related activities

I am co-author of OUP title Family Law: Text, Cases, and Materials with Sonia Harris-Short and Rob George, 3rd edition, published in June 2015.

I recently acted as research consultant to the Law Commission on its Matrimonial Property, Needs and Agreements project, and am currently working for the Family Justice Council on a project drafting guidance for litigants in person and for judges in financial remedy cases on divorce.  I act as an academic consultant on financial remedy case appeals, most recently for the successful legal team for the wife in Wyatt v Vince [2015] UKSC 14.

Empirical research:

In 2010, I completed a one-year empirical study of the operation of the new cohabitation laws in Scotland with Professor Fran Wasoff and Dr Enid Mordaunt, University of Edinburgh, funded by the Nuffield Foundation. http://www.crfr.ac.uk/researchprojects/rp_cohabitation.html Our findings were referred to in the Supreme Court judgments in Gow v Grant [2012] UKSC 29. 

I was a member of the large team working on an MoJ project on self-represented parties in private law family proceedings (led by Prof Liz Trinder), report published in November 2014: https://www.gov.uk/government/publications/litigants-in-person-in-private-family-law-cases

I have also recently completed a project on public attitudes to child support law, using the British Attitude Survey (as consultant member of research team with Bryson, Ellman and McKay): http://www.nuffieldfoundation.org/public-views-child-support;

I am currently involved in a new project led by Caroline Bryson scoping the need for a dedicated new survey focusing on issues related to family separation: http://www.nuffieldfoundation.org/data-understand-lives-separated-families

I am co-principal with Dr Emma Hitchings (Bristol) on a project examining the settlement of financial disputes on divorce.  http://www.nuffieldfoundation.org/final-settlements-financial-disputes-following-divorce  The first findings from this study, focused on the "how, when and why" of settlement were published in November 2013 at http://www.bristol.ac.uk/law/research/researchpublications/2013/assemblingthejigsawpuzzle.pdf  The next phase of this project is examining the settlements reached.

Comparative family law and policy:

I have a strong interest in the comparative and international aspects of family law, co-teaching a specialist LLM paper on Comparative Family Law & Policy. Together with the Organising Committee of the Commission for European Family Law, Jens Scherpe and I hosted the highly successful fourth conference of the Commission in April 2010 on the future of family property in Europe. My work on the domestic and private international law aspects of marital property agreements was cited in argument before the Supreme Court in Radmacher v Granatino.

Socio-legal and inter-disciplinary work:

As Chair of the Cambridge Socio-Legal group, I have an interest in inter-disciplinary work, and have co-ordinated two book / workshop projects under the aegis of the Group. I am co-editor, with Rebecca Probert (Warwick) of a volume of social science essays bearing on the themes of money, property, relationships and separation. The aim of the project was to explore the empirical basis for the principles currently underpinning financial provision on divorce and property division on separation of cohabiting relationships, to see what light non-legal disciplines can cast on this difficult area for the law.  I have recently co-edited a new volume on marriage rites and rights with Rebecca Probert and Perveez Mody (Social Anthropology).

 

Prior to Cambridge: undergraduate law degree at Nottingham (top graduating student), LLM at Cambridge. First teaching post at Christ Church and Lincoln College, Oxford.

 

Publications

 

Books

"Marriage Rites and Rights" (Hart) (Ed)

Co-Author/s:
Rebecca Probert and Perveez Mody
Published:
Aug 2015
Publisher:
Hart
ISBN:
9781849469135

"Family Law: Text, Cases and Materials, and substantial online updates posted every 6 months" (OUP) 3rd Edition

Editor's Name:
9780199664184
Co-Author/s:
Sonia Harris-Short, Rob George
Published:
Jun 2015
Publisher:
OUP

"The Future of Family Property in Europe: proceedings of the 4th conference of the Commission on European Family Law" (Intersentia) (Ed)

Co-Author/s:
Katharina Boele-Woelki and Jens Scherpe
Published:
May 2011
Publisher:
Intersentia
ISBN 13:
9789400000544

"Sharing Lives, Dividing Assets" (Hart Publishing) (Ed)

Co-Author/s:
Rebecca Probert
Published:
Aug 2009
Publisher:
Hart Publishing
ISBN:
1841132594
ISBN 13:
9781841132594

Articles

"Mediation, financial remedies, information provision and legal advice: the post-LASPO conundrum" [2016] JSWFL online publication May 2016

Co-Author/s:
Emma Hitchings
Citation:
[2016] JSWFL online publication May 2016
Published:
May 2016
DOI:
10.1080/09649069.2016.1156888

"Child Support Judgments: Comparing Public Policy to the Public's Policy" (2014) 28 International Journal of Law, Policy and the Family 274

Co-Author/s:
Ira Ellman, Stephen McKay, Caroline Bryson
Citation:
(2014) 28 International Journal of Law, Policy and the Family 274
Published:
May 2014

"Assembling the jigsaw puzzle: understanding financial settlement on divorce" [2014] Family Law, March issue

Co-Author/s:
Emma Hitchings (Bristol), Hilary Woodward (Cardiff)
Citation:
[2014] Family Law, March issue
Published:
Mar 2014

"Child maintenance: how much should the state require fathers to pay when families separate?" (2013) 43 Family Law 1296

Co-Author/s:
Bryson, Ellman and McKay
Citation:
(2013) 43 Family Law 1296
Published:
Oct 2013

"In scope but out of reach: Examining differences between publicly funded telephone and face-to-face family law advice" (2013) 25 CFLQ issue 3

Co-Author/s:
Smith, Balmer, Denvir and Patel
Citation:
(2013) 25 CFLQ issue 3
Published:
Sep 2013

"Reforming family law – the case of cohabitation: ‘things may not work out as you expect'" (2012) Journal of Social Welfare and Family Law 167

Co-Author/s:
Miles, Wasoff and Mordaunt
Citation:
(2012) Journal of Social Welfare and Family Law 167
Published:
Oct 2012

"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

Co-Author/s:
Nigel Balmer and Marisol Smith
Citation:
(2012) 24 Child and Family Law Quarterly issue 3
Published:
Sep 2012

"Legal aid and exceptional funding - a postscript" [2011] 41 Family Law, November issue

Citation:
[2011] 41 Family Law, November issue
Published:
Nov 2011

"Legal aid, Article 6 and 'Exceptional Funding' under the Legal Aid etc Bill 2011" [2011] 41 Family Law 1003

Citation:
[2011] 41 Family Law 1003
Published:
Sep 2011

"Marriage and divorce in the Supreme Court and the Law Commission: for love or money?" [2011] 74 MLR 430

Citation:
[2011] 74 MLR 430
Published:
May 2011

"Cohabitation: lessons from research north of the border>" (2011) 23 Child and Family Law Quarterly issue 3

Co-Author/s:
Fran Wasoff and Enid Mordaunt
Citation:
(2011) 23 Child and Family Law Quarterly issue 3
Published:
Apr 2010

"'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

Citation:
Child and Family Law Quarterly 21: 4
Published:
Dec 2009

"The Coroners and Justice Act: making a ‘dog’s breakfast’ of homicide reform" (2009) 10 Archbold News 5

Citation:
(2009) 10 Archbold News 5
Published:
Dec 2009

""The Experience of Relationship Breakdown and Civil Law Problems by People in Different Forms of Relationship"" 21 Child and Family Law Quarterly issue 1

Co-Author/s:
Nigel Balmer, Pascoe Pleasance
Citation:
21 Child and Family Law Quarterly issue 1
Published:
Mar 2009

"Sexual Offences: consent, capacity and children" (2008) 10 Archbold News 5

Citation:
(2008) 10 Archbold News 5
Published:
Dec 2008

"Charman v Charman: making sense of need, compensation and equal sharing after Miller/McFarlane" (2008) Child and Family Law Quarterly 378

Citation:
(2008) Child and Family Law Quarterly 378
Published:
Oct 2008

"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

Citation:
(2005) International Journal of Law, Policy and the Family (Special issue) 242-56
Published:
Jul 2005

"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

Citation:
[2004] NZ Universities Law Review 268-308
Published:
Dec 2004

"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

Citation:
[2003] NZ Law Review 535-568
Published:
Jan 2004

"Property law v family law: resolving the problems of family property" (2003) 23 Legal Studies 624-48

Citation:
(2003) 23 Legal Studies 624-48
Published:
Dec 2003

"Human rights and child protection" (2001) 13(4) Child and Family Law Quarterly 431-454

Citation:
(2001) 13(4) Child and Family Law Quarterly 431-454
Published:
Dec 2001

"Standing under the Human Rights Act 1998: theories of rights enforcement and public law adjudication" (2000) 59 Cambridge Law Journal 133-167

Citation:
(2000) 59 Cambridge Law Journal 133-167
Published:
Mar 2000

"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

Co-Author/s:
Caroline Hunter
Citation:
(1997) Journal of Social Welfare and Family Law 267-289
Published:
Jan 1997

Book Chapters

"Unmarried cohabitation in a European perspective" in Scherpe, Research Handbook on European Family Law (Elgar) (Ed)

Publisher:
Elgar
Published Date:
Apr 2014
Co-Author/s:
Scherpe

"The Legal Consequences of Dissolution: Property and Financial Support Between Spouses" in Eekelaar and George, Routledge Handbook of Family Law and Policy (Routledge) (Ed)

Publisher:
Routledge
Published Date:
Mar 2014
ISBN 13:
978-0-415-64040-4
Co-Author/s:
Eekelaar and George

"Marital agreements: 'the more radical solution'" in Probert and Barton, Fifty years in Family Law: Essays for Stephen Cretney (Intersentia) (Ed), pp. 93-102

Publisher:
Intersentia
Pages:
93-102
Published Date:
Mar 2012
Co-Author/s:
Probert and Barton

"Legal aid reform and domestic violence" in R. Probert and A. Kingston, Tackling Domestic Violence (Kenilworth: Takeaway) (Ed)

Publisher:
Kenilworth: Takeaway
Published Date:
Mar 2012
Co-Author/s:
R. Probert and A. Kingston

"Responsibility in family finance and property law" in Bridgeman, Keating and Lind, Regulating Family Responsibilities (Ashgate) (Ed)

Publisher:
Ashgate
Published Date:
Dec 2010
Co-Author/s:
Bridgeman, Keating and Lind

"England and Wales" in Jens Scherpe, Marital Agreements and Private Autonomy in Comparative Perspective (Hart) (Ed)

Publisher:
Hart
Published Date:
Apr 2010
ISBN 13:
978-1849460125
Co-Author/s:
Jens Scherpe

"Sharing Lives, Dividing Assets: legal principles and real life"" in Rebecca Probert, Sharing Lives, Dividing Assets (Hart)

Publisher:
Hart
Published Date:
Jun 2009
ISBN 13:
978-1-84113-259-4
Co-Author/s:
Rebecca Probert

"Financial relief between cohabitants: options for European jurisdictions (paper delivered at conference of Commission on Europe)" in Boele-Woelki and Sverdrup, European Challenges in Contemporary Family Law (Intersentia) (Ed), pp. 269-87

Publisher:
Intersentia
Pages:
269-87
Published Date:
Aug 2008
ISBN 13:
978-90-5095-692-5
Co-Author/s:
Boele-Woelki and Sverdrup

"Standing in a multi-layered constitution" in Bamforth and Leyland, Public Law in a Multi-layered Constitution (Hart Publishing) (Ed)

Publisher:
Hart Publishing
Published Date:
Oct 2003
ISBN 13:
978-1841132839
Co-Author/s:
Bamforth and Leyland

"Contact with children subject to state intervention" in Bainham, Lindley, Richards and Trinder, Children and their Families: Contact, Rights and Welfare (Hart) (Ed)

Publisher:
Hart
Published Date:
Sep 2003
ISBN 13:
9781841132532
Co-Author/s:
Bainham, Lindley, Richards and Trinder

"Domestic Violence" in J. Herring, Family Law: Issues, Debates, Policy (Willan Publishing) (Ed), pp. 78-124

Publisher:
Willan Publishing
Pages:
78-124
Published Date:
Jun 2001
ISBN 13:
978-1-90324-020-5
Co-Author/s:
J. Herring

Book Reviews

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

Published:
Dec 2008

Case Notes

"Cohabitation: lessons for the south from north of the border?" case note on Gow v Grant [2012] UKSC 29 (2012) CLJ 492

Published:
Nov 2012

Defining 'domestic violence': housing law and beyond (2011) Cambridge Law Journal Nov issue

Published:
Nov 2011

Family abuse, privacy and state intervention (2011) CLJ 32

Published:
Mar 2011

Agreements for Grown ups? (2009) CLJ 285

Published:
Jul 2009

Black letter law with a hint of grey: case note on Kennedy (no 2) [2007] UKHL 38 (2008) Cambridge Law Journal 17

Published:
Mar 2008

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

Published:
Nov 2002

Equality on Divorce? - case note on White v White [2000] (HL) (2001) 60 Cambridge Law Journal 46-49

Published:
Mar 2001

Conference Papers

"Review of cohabitation legislation and reform north and south of the borderK" (ESRC Research Centre for Population Change: Cohabitation in the UK workshop)

Published:
Feb 2015
Conference:
ESRC Research Centre for Population Change: Cohabitation in the UK workshop

"Assembling the Jigsaw Puzzle Understanding financial settlements on Divorce" (Judicial College)

Co-Author/s:
Emma Hitchings (Bristol), Hilary Woodward (Cardiff)
Published:
Oct 2014
Conference:
Judicial College

"Public views on calculating child maintenance: the impact of repartnering" (Society of Legal Scholars)

Co-Author/s:
Ira Ellman, Stephen McKay, Caroline Bryson
Published:
Sep 2014
Conference:
Society of Legal Scholars

"Defining financial needs: the FJC guidance" (Family Law Bar Association)

Published:
May 2014
Conference:
Family Law Bar Association

"How much the state should require fathers to pay when families separate" (Socio-Legal Studies Association)

Co-Author/s:
Ira Ellman, Stephen McKay, Caroline Bryson
Published:
Apr 2014
Conference:
Socio-Legal Studies Association

"Assembling the jigsaw puzzle: understanding financial settlement on divorce" (Socio-Legal Studies Association)

Co-Author/s:
Emma Hitchings (Bristol), Hilary Woodward (Cardiff)
Published:
Apr 2014
Conference:
Socio-Legal Studies Association

"Truly exceptional funding?" (Access to Justice: Comparative Analysis of Cuts to Legal Aid, University of Warwick)

Published:
Mar 2014
Conference:
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)

Co-Author/s:
Stephen McKay, Caroline Bryson and Ira Ellman
Published:
Mar 2014
Conference:
ESRC seminar: Child Maintenance: International Perspectives and Policy Challenges

"LIPS, LASPO and the state of family justice" (Inner Temple lecture series)

Published:
Mar 2014
Conference:
Inner Temple lecture series

"Settling financial matters on divorce: some findings from recent research" (Family Justice Council interdisciplinary conference)

Co-Author/s:
Emma Hitchings (Bristol), Hilary Woodward (Cardiff)
Published:
Feb 2014
Conference:
Family Justice Council interdisciplinary conference

"Autonomy and fairness: a principled way forward" (Marriage Bargains, Nuffield Foundation, 4 Dec 2012)

Published:
Dec 2012
Conference:
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)

Published:
Nov 2012
Conference:
Inaugural conference for Centre for Professional Legal Education and Research (CEPLER), University of Birmingham

"Family proceedings without legal aid" (Leverhulme International Network on New Families, New Governance workshop)

Published:
Sep 2012
Conference:
Leverhulme International Network on New Families, New Governance workshop

"When Exceptional is the Rule: mental health, family problems and the reform of legal aid in England and Wales" (LSRC International Research Conference, Oxford)

Co-Author/s:
Nigel Balmer and Marisol Smith (LSRC)
Published:
Sep 2012
Conference:
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)

Co-Author/s:
Nigel Balmer, Catrina Denvir, Ash Patel, Marisol Smith (LSRC)
Published:
Sep 2012
Conference:
SLS conference, Bristol

"Financial remedies and dispute settlement" (Family Law Outputs Group, Oxford)

Co-Author/s:
Emma Hitchings
Published:
Jul 2012
Conference:
Family Law Outputs Group, Oxford

"Pre-nuptial agreements since Radmacher" (for Deans Court Chambers, Manchester FLBA)

Published:
Jul 2012
Conference:
for Deans Court Chambers, Manchester FLBA

"Property and marriage" (University of Glasgow workshop on marriage)

Published:
May 2012
Conference:
University of Glasgow workshop on marriage

"A perfect storm in family justice" (FLBA Regional Conference on the Family Justice Review, Cambridge)

Published:
Apr 2012
Conference:
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)

Published:
Sep 2011
Conference:
SLS conference, Cambridge

"Marital obligation after Radmacher and the Law Commission" (SLSA)

Published:
Apr 2011
Conference:
SLSA

""Cohabitation law in Scotland: are there any implications for England and Wales?" paper given to SLS Family Law section, Southampton, Sept 2010" ()

Co-Author/s:
Fran Wasoff and Enid Mordaunt
Published:
Sep 2010

""Cohabitation law in Scotland: what have we found out?" paper given to SLSA Family Law and Policy section, Bristol, March 2010" ()

Co-Author/s:
Fran Wasoff and Enid Mordaunt
Published:
Mar 2010

"Sharing Lives, Dividing Assets: what do we know about how couples manage their lives together..." (Debt and Indebtedness, Cambridge 2009)

Co-Author/s:
R Probert
Published:
Nov 2009
Conference:
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)

Published:
Aug 2009
Conference:
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)

Co-Author/s:
F Wasoff and E Mordaunt
Published:
Apr 2009
Conference:
SLSA Family Law and Policy stream 2009

""Cohabitation law reform: challenges and pitfalls"" (SLS Family Law annual seminar)

Published:
Feb 2009
Conference:
SLS Family Law annual seminar

"Responsibility in family finance and property law" (Gender, Family Responsibility and Legal Change, University of Sussex)

Published:
Jul 2008
Conference:
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" ()

Published:
Jan 2007

"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]" ()

Published:
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]" ()

Published:
Apr 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)" ()

Published:
Jan 2005

""Possibility, Deference and section 3 of the HRA" - to the Civil Liberties section of the Society of Legal Scholars' conference [Oxford, September 2003]" ()

Published:
Sep 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)" ()

Published:
Dec 2002

Reports

Child maintenance: how would the British public calculate what the State should require parents to pay?

Co-Author/s:
Bryson, Ellman, McKay
Published:
Mar 2015
Body / Institution:
Nuffield Foundation

Litigants in person in private family law cases

Co-Author/s:
L Trinder, R Hunter, E Hitchings, J Miles, R Moorhead, L Smith, M Sefton, V Hinchly, K Bader, and J Pearce
Published:
Nov 2014

Assembling the jigsaw puzzle: understanding financial settlement on divorce

Co-Author/s:
Emma Hitchings (Bristol), Hilary Woodward (Cardiff)
Published:
Nov 2013

Child Maintenance: how much the state should require fathers to pay when families separate

Co-Author/s:
Bryson, Mackay and Ellman
Published:
Jun 2013
Body / Institution:
NatCen - British Social Attitudes Survey

Written evidence to Public Bill Committee on Legal Aid, Sentencing and Punishment of Offenders Bill 2011

Published:
Jul 2011
Reference Number:
LA 45
Body / Institution:
http://www.publications.parliament.uk/pa/cm201011/cmpublic/legalaid/memo/la45.htm

Legal practitioners’ perspectives on the cohabitation provisions of the Family Law (Scotland) Act 2006

Co-Author/s:
Fran Wasoff and Enid Mordaunt
Published:
May 2010
Body / Institution:
Centre for Research on Families and Relationships

"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

Co-Author/s:
edited by Rebecca Probert
Published:
May 2010

Response to Ministry of Justice consultation paper on murder etc reform

Published:
Oct 2008
Body / Institution:
Ministry of Justice

Response to the Resolution/Odysseus Trust consultation on its Living Together proposals

Published:
Sep 2008
Body / Institution:
Resolution/Odysseus Trust