Portrait of Dr Kirsty Horsey

Dr Kirsty Horsey

Reader in Law
Chief Examiner

About

Kirsty has LLB and PhD degrees and a PGCHE.

Kirsty Horsey graduated in both undergraduate law and her PhD from the University of Kent. She started as a lecturer in law at Kent Law School in 2005.

Her current research project is focused on the reform of the laws on surrogacy, something that Kirsty has been passionate about for many years. In recent years she has worked with external non-profit and charitable organisations working to facilitate and encourage reform and this group – the Surrogacy UK Working Group on Surrogacy Law Reform – published a Report on the state of the law governing surrogacy, together with recommendations for reform, in November 2015.

The Report was followed by numerous conference presentations by Working Group members, and led to Kirsty’s organisation of a London conference looking at surrogacy law reform in May 2016, the proceedings of which were subsequently published in a special edition of the Journal of Medical Ethics and Law. Kirsty is also part of the secretariat for the All Party Parliamentary Group on Surrogacy.

Research interests

Kirsty's research interests lie primarily in the area of the regulation of human reproduction and genetic technologies, particularly where these overlap with issues in family law. A current long-term research project focuses on reform of the UK’s laws on surrogacy. She also researches within the law of obligations, in particular those obligations based on ‘relationship’, assumptions of responsibility and/or imbalances of power.

  • Surrogacy and law reform
  • Regulation of assisted conception
  • Cross-border reproduction
  • Negligence of public bodies. 

Teaching

Her undergraduate teaching responsibilities span across Obligations and Advanced Tort.

Publications

Article

  • Horsey, K. (2018). Surrogacy 2.0: What can the law learn from lived experience? Contemporary Issues in Law.
  • Horsey, K. (2016). Fraying at the edges – UK surrogacy law in 2015. Medical Law Review [Online]. Available at: http://medlaw.oxfordjournals.org/cgi/content/full/fww013?
  • Horsey, K. (2016). Not withered on the vine: The need for surrogacy law reform. Journal of Medical Law and Ethics [Online] 4:181-196. Available at: https://doi.org/10.7590/221354016X14803383336888.
  • Horsey, K. and Sheldon, S. (2012). Still Hazy After All These Years: The Law Regulating Surrogacy. Medical Law Review [Online] 20:67-89. Available at: http://dx.doi.org/10.1093/medlaw/fwr039.
    In 1997, Margaret Brazier was asked by the then Government to chair a review of the laws regulating surrogacy. The subsequent Brazier Report made a number of recommendations, including the need for greater regulation and the tightening of ‘expenses’ payments. Fifteen years on, the limitations in the legal regulation of surrogacy have become increasingly clear. Yet, none of Brazier's recommendations have been adopted, despite the clear opportunity for revisiting the regulation of surrogacy offered during the passage of the Human Fertilisation and Embryology Act (2008). In this paper, we revisit the Brazier Report in the light of subsequent developments and assess to what extent its key findings remain salient. Brazier's recommendations will thus provide a jumping off point for a critical analysis of the current state of the law regarding surrogacy.
  • Horsey, K. (2010). Challenging presumptions: legal parenthood and surrogacy arrangements. Child and Family Law Quarterly 4:449-474.

Book

  • Horsey, K. and Rackley, E. (2017). Tort Law (5th edition). Oxford, UK: Oxford University Press.
    Tort Law provides a different approach to the study of tort. Written with students firmly in mind, it presents an engaging and accessible yet thought-provoking and critical account. Its analytical approach locates the law in its political and socio-legal context, exploring both practical and theoretical problems. The book's innovative use of pedagogical features (including 'pause for reflection' boxes and 'counterpoint' boxes) encourages students to engage with debates about the way tort law currently is and how it could be. Case boxes reflect the case-driven nature of tort, ensuring students are clear about the black-letter law. Chapter-opening problem questions are used to place the law in its practical context and to illustrate how to apply the theory. Annotated versions of the problem questions are placed at the back of the book to give students pointers on how to answer them, and outline answers are housed on the book's accompanying Online Resource Centre. Tort Law also provides diagrams and tables where relevant, chapter summaries, end-of-chapter questions, and annotated lists of further reading.
  • Horsey, K. and Rackley, E. (2017). Kidner's Casebook on Torts (14th edition). Oxford, UK: Oxford University Press.
  • Horsey, K. and Rackley, E. (2015). Tort Law (4th Edition). Oxford University Press.
    Hit the ground running with the best-selling tort law textbook from leading academics Kirsty Horsey & Erika Rackley. Are you new to tort law and seeking to understand its complexities? This textbook provides a lively, insightful and thought-provoking account which assumes no prior knowledge. As well as comprehensive coverage of the legal concepts and case law, there is a range of carefully chosen features to develop understanding including annotated judgments and statutes, diagrams, and problem questions in each chapter. Do you want to become a reflective and critical thinker? This book will help you not just to learn but rather to understand tort law, and to think about why the law is the way it is and how it could be different. Make your studies interesting and intellectually stimulating with questions raised throughout the book, including in the 'counterpoint' and 'pause for reflection' features. Do you want to take your studies further and engage with current issues? The new edition includes some of the latest research, policy, and debate. The discussion continues beyond the textbook too: there are video clips from recent news items and links to topical sites on the Online Resource Centre and you can follow the author Twitter feed for updates and comment.
  • Horsey, K. and Rackley, E. (2015). Kidner’s Casebook on Torts (13th Edition). Oxford University Press.
    Kidner's Casebook on Torts is the essential companion for undergraduate tort law students, providing a comprehensive portable library of leading cases in the field. Kirsty Horsey and Erika Rackley, authors of the best-selling tort law textbook, combine their talents again to update Kidner's popular casebook; bringing together an impressive range of carefully edited extracts and combining insightful commentary with questions and further reading suggestions to help you analyse the key elements of each case and take your research further. The text is supported by an Online Resource Centre which provides a comprehensive suite of resources, including downloadable annotated cases and judgments, flashcard glossary, web links and video clips of current items.
  • Horsey, K. (2015). Revisiting the Regulation of Human Fertilisation and Embryology. [Online]. Routledge. Available at: http://www.routledge.com/books/details/9781138021891/.
    The Human Fertilisation and Embryology Act 2008 was a major update to the UK’s laws on the use and regulation of reproductive technology and assisted reproduction. Since the enactment of the new law, the sector’s regulatory body, the Human Fertilisation and Embryology Authority (HFEA), has also consulted on various related topics including barriers to egg and sperm donation in the UK, multiple births/single embryo transfer and using IVF technology to prevent mitochondrial disease.

    This book critically considers recent developments in human fertilisation legislation, asking whether the 2008 Act has achieved its stated aim of being fit for purpose. Bringing together a range of international experts, the book evaluates the fresh risks and challenges emerging from both established and existing technologies and techniques in the field of human fertilisation and embryology, as well as offering valuable insights into the social and regulatory challenges that lie ahead. Key topics include problems with DIY assisted conception; the lack of reform in respect of the regulation of surrogacy arrangements; and mitochondrial DNA transfer.

    As a review of the status of assisted reproduction legislation, this book will be of great use and interest to students, researchers and practitioners in medical law, bioethics, medicine and child welfare.
  • Horsey, K. and Rackley, E. (2013). Tort Law (3rd Edition). Oxford University Press.
  • Horsey, K. and Rackley, E. (2011). Tort Law (2nd Edition). Oxford University Press.
    Problem questions are included at the start of relevant chapters, as well as annotated 'pointers' at the end of the book, and outline answers online. This grounds the theory in practical examples right from the start and gives students valuable guidance and practice in answering worked-through problem questions. The questions are based on student-friendly examples and situations from popular culture which immediately engage a student's attention and prepare them for the chapter which follows
    Innovative pedagogical features such as 'counterpoint' and 'pause for reflection' boxes highlight contentious areas of the law and encourage students to think more deeply.
    The body text gives a clear exposition of the law and 'case boxes' are highlighted in each chapter, ensuring students have a solid black-letter basis upon which to develop a critical appreciation of tort law.
    Diagrams and tables are used where appropriate to crystallize and clarify key points.
    End-of-chapter questions and selected further reading assist independent learning and provide areas for discussion in seminars or tutorials.
    Tort Law provides a different approach to the study of tort. Written with students firmly in mind, it presents an engaging and accessible yet thought-provoking and critical account. Its analytical approach locates the law in its political and socio-legal context, exploring both practical and theoretical problems. The book's innovative use of pedagogical features (including 'pause for reflection' boxes and 'counterpoint' boxes) encourages students to engage with debates about the way tort law currently is and how it could be. Case boxes reflect the case-driven nature of tort, ensuring students are clear about the black-letter law.

    Chapter-opening problem questions are used to place the law in its practical context and to illustrate how to apply the theory. Annotated versions of the problem questions are placed at the back of the book to give students pointers on how to answer them, and outline answers are housed on the book's accompanying Online Resource Centre.

    Tort Law also provides diagrams and tables where relevant, chapter summaries, end-of-chapter questions, and annotated lists of further reading. The authors' conversational and lively writing style engages students in the study of this essential subject.

    The book will benefit anyone seeking a fresh and stimulating account of tort law and is essential reading for students studying tort at degree level or for the CPE/GDL.
  • Carr, H., Carter, S. and Horsey, K. (2009). Skills for Law Students. Oxford University Press.
  • Horsey, K. and Rackley, E. (2009). Tort Law. Oxford: Oxford University Press.

Book section

  • Horsey, K. (2018). The Warnock Report of 1984. in: Auchmuty, R. and Rackley, E. eds. Women's Legal Landmarks. UK: Hart/Bloomsbury Publishing.
  • Rackley, E. and Horsey, K. (2018). Tort Law. in: Great Debates in Gender and Law. Palgrave Macmillan. Available at: https://www.macmillanihe.com/page/detail/Great-Debates-in-Gender-and-Law/?K=9781137610997.
  • Horsey, K. (2018). Legal Parenthood and Parental Responsibility. in: Lamont, R. ed. Family Law. Oxford, UK: Oxford University Press. Available at: http://global.oup.com/ukhe/product/family-law-9780198749653?cc=gb&lang=en&.
  • Horsey, K. and Rackley, E. (2018). Great Debates in Tort Law. in: Auchmuty, R. ed. Great Debates in Gender and Law. UK: Palgrave. Available at: https://www.macmillanihe.com/page/detail/Great-Debates-in-Gender-and-Law/?K=9781137610997.
  • Horsey, K. (2017). Challenging presumptions: legal parenthood and surrogacy arrangements. in: Gilmore, S. ed. Parental Rights and Responsibilities. Oxford: Routledge.
    (chapter based on journal article of same title)
  • Horsey, K. (2016). Surrogacy in the United Kingdom: Present and Future Challenges. in: Scott Sills, E. ed. Handbook of Gestational Surrogacy: International Clinical Practice and Policy Issues. Cambridge University Press, pp. 266-275.
  • Horsey, K. and Neofytou, K. (2015). The Fertility Treatment Time Forgot: What Should be Done About Surrogacy in the UK? in: Horsey, K. ed. Revisiting the Regulation of Human Fertilisation and Embryology. Abingdon, Oxfordshire: Routledge, pp. 117-135. Available at: https://www.routledge.com/9781138021891.
  • Horsey, K. (2013). Swept Under the Carpet: Why Surrogacy Law Needs Urgent Review. in: Priaulx, N. and Wrigley, A. eds. Ethics, Law and Society. Ashgate. Available at: http://www.ashgate.com/default.aspx?page=637&title_id=10160&edition_id=13619&calcTitle=1.
  • Horsey, K. (2012). Trust in the Police? Police Negligence, Invisible Immunity and Disadvantaged Claimants. in: Richardson, J. and Rackley, E. eds. Feminist Perspectives on Tort Law. Routledge.
  • Horsey, K. (2006). Unconsidered Inconsistencies: Parenthood and Assisted Conception. in: Horsey, K. and Biggs, H. eds. Human Fertilisation and Embryology: Reproducing Regulation. London: Routledge Cavendish, pp. 155-180.

Edited book

  • Horsey, K. and Biggs, H. eds. (2006). Human Fertilisation and Embryology: Reproducing Regulation. London: Routledge Cavendish.
    Relevant to students, academics and practitioners across the globe, this original volume highlights contemporary issues associated with assisted reproduction and embryology and critically analyzes the law surrounding human reproduction in the light of case law and technological developments since the Human Fertilisation and Embryology Act (HFE Act) Act was passed in 1990.

    Tackling issues from an interdisciplinary perspective, the authors identify and evaluate areas that have provoked intense public and academic debate as well as those where further or renewed regulation is needed. Focusing primarily on the legal and ethical issues involved in regulating this area in the UK, which is at the forefront of developing legislation in this area, this book has international relevance as many countries have used the UK as a model for their own legislation.

    This text is suitable for a broad range of readers, including legal academics, law students and practitioners interested in the areas of medical/healthcare law and ethics, bioethics and moral philosophy, family law, sociology and reproductive medicine and genetics.

Edited journal

  • Horsey, K. ed. (2016). Journal of Medical Law and Ethics: Special edition on surrogacy law reform. Journal of Medical Law and Ethics [Online] 2016:153-280. Available at: http://www.ingentaconnect.com/content/plp/jmle/2016/00000004/00000003.
    A special edition of this journal, edited by Dr Kirsty Horsey, including peer-reviewed papers originally presented at a May 2016 conference on surrogacy law reform (Surrogacy in the 21st century: rethinking assumptions, reforming law) - see https://www.kent.ac.uk/law/research/projects/current/surrogacy/projectevent.html

    Includes contributions from Mary Warnock, Margaret Brazier and Sacha Waxman, Emily Jackson, Kirsty Horsey, Vasanti Jadva, Kim Cotton, Natalie Gamble and Helen Prosser, Natalie Smith, and Colin Rogerson

Research report (external)

  • Horsey, K. (2018). Surrogacy in the UK: further evidence for reform: Second Report of the Surrogacy UK Working Group on Surrogacy Law Reform. Surrogacy UK.
  • Horsey, K. (2015). Surrogacy in the UK: Myth busting and reform Report of the Surrogacy UK Working Group on Surrogacy Law Reform. [Online]. Kent, UK: Surrogacy UK. Available at: https://www.kent.ac.uk/law/research/projects/current/surrogacy/Surrogacy%20in%20the%20UK%20Report%20FINAL.pdf.

Review

  • Horsey, K. (2014). Law, Policy and Reproductive Autonomy. Medical Law Review 23:157-162.
  • Horsey, K. (2003). Book Review - 'Regulating Reproduction: Law, Technology and Autonomy'. Feminist Legal Studies 11:311-314.

Forthcoming

  • Horsey, K. (2019). How can a reformed surrogacy law reflect pragmatism and respect ethics? in: Philosophical Foundations of Medical Law. Oxford University Press.
Last updated