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New letters of the law

02 October 2008
Issue: 7339 / Categories: Features
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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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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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