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02 October 2008
Issue: 7339 / Categories: Features
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New letters of the law

Anthony Hainsworth discusses the  impact of Islamic finance on English jurisprudence

New areas of law come about only rarely. The core principles of contract law, tort law and criminal law have long outlived their earliest practitioners. Some areas of law, including, for example, financial regulation, have expanded greatly from a small seed of minor legal issues to a great hulking oak of law; others, such as the law of restitution, come into being from isolated legal issues coalescing into a single, coherent body of law. The process by which new areas of law are created is rarely, however, straightforward.

The same is true of Islamic finance law. Shari’a law, in and of itself, is certainly not new. As Lord Justice Potter observed in his significant speech in the decision of the Court of Appeal in Shamil Bank of Bahrain v Beximco Pharmaceuticals Ltd: “Most of the classical Islamic law on financial transactions is not contained as ‘rules’ or ‘law’ in the Qur’an and Sunnah but is based on the often divergent views held by established schools

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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