EVENT: IALS – The Islamic Marriage Conundrum, Conflicts of Recognition

Posted March 19th, 2015 in Forthcoming events by sally

‘The inclusion or exclusion of Islamic law within the English legal frame has been a matter of huge controversy for almost a decade. Since the Archbishop of Canterbury’s famous lecture on the ‘Civil and Religious Law in England: a religious perspective’ in 2008, this issue has received great media coverage along with the creation of multiple research fora in Academia, political institutions and within the diverse British Muslim communities. It recently was the object of further controversy following the publication of guidelines by the Law Society for the drafting of Sharia compliant wills, which have now been publicly withdrawn, as well as the declarations of Lord Chief Justice Lord Phillips as to the possible application of Islamic law to resolve disputes among Muslims.

Although this issue has already been widely commented and researched through multiple reports and research articles, it surprisingly remains evasive as to its purely legal aspect. Indeed, the place of Islamic law within the English legal frame is by nature multi-faceted and touches upon social, religious, political as well as legal issues, covering topics as different as that of marriage, divorce, maintenance and inheritance. The legal basis for the application of Sharia also proves to be ambiguous: contractual, statutory, in application of freedom of religion provisions? Moreover, in which forum is or should it apply: arbitration or mediation tribunals, such as the so-called Sharia Councils, or English Courts?

This symposium seeks to draw attention to only one of those issues: non-registered marriages between British Muslims in front of English jurisdictions. It proposes to survey the question of their possible recognition, and the latter’s subsequent legal basis. It consists of two panels. First, a survey on the application of Islamic law in English Courts in the context of Private International Law and the problem as well as new questions raised by UK non-registered Muslim marriages, whilst drawing attention from a comparative perspective of the possible incorporation of Islamic law within a secular legal frame (India). Secondly, the current English legal scenario from a practitioner’s angle, its advantages, limits and possible reforms.’

Date: 9th May 2015, 10.00am-4.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Full Rate: £75.00. Student Rate: £45.00.

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2015 in legislation by sally

SI 2015/578 – The Employment Allowance (Care and Support Workers) Regulations 2015

SI 2015/577 – The Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2015

SI 2015/588 – The Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2015
Continue reading…

Judges Behaving Badly? – No. 5 Chambers

Posted March 19th, 2015 in employment tribunals, judiciary, news, professional conduct, recusal, tribunals by sally

‘Irvine Maccabe discusses practical issues and strategies to consider in relation to recusal, judicial misconduct and transcripts.’

Full story

No. 5 Chambers, 12th January 2015

Source: www.no5.com

Bitcoin: Government to regulate cryptocurrency to avoid money laundering, says Treasury – The Independent

Posted March 19th, 2015 in banking, consultations, cryptocurrencies, money laundering, news, reports by sally

‘The Government is to regulate bitcoin exchanges to stop their use as money laundering hubs, the Treasury said today.’

Full story

The Independent, 18th March 2015

Source: www.independent.co.uk

Meaning of “totally without merit” – Free Movement

Posted March 19th, 2015 in civil procedure rules, judicial review, news, tribunals by sally

‘Normally, where an application for judicial review is made the first stage is for a judge to consider the grounds for judicial review and the acknowledgement of service and summary grounds of defence, then decide without holding a hearing whether permission should be granted. Lawyers commonly refer to this decision as being “on the papers” because there is no oral hearing.’

Full story

Free Movement, 19th March 2015

Source: www.freemovement.org.uk

Nottingham man in court over football stadium drones – BBC News

Posted March 19th, 2015 in aircraft, crime, news by sally

‘A man has been summoned to appear in court over allegations he flew a drone over London landmarks and at several football grounds during matches.’

Full story

BBC News, 18th March 2015

Source: www.bbc.co.uk

Uninsured Drivers Agreement: serious breach of European Law – Park Square Barristers

Posted March 19th, 2015 in agreements, crime, damages, EC law, news, uninsured drivers by sally

‘Judy Dawson looks at the recent judgment of the Court of Appeal in Delaney v Secretary of State for Transport and the insurance indemnity issues that arise.’

Full story

Park Square Barristers, 11th March 2015

Source: www.parksquarebarristers.co.uk

Judge hits out at Court of Appeal over consent order in deprivation of liberty case – Local Government Lawyer

‘A High Court judge has accused the Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether a woman looked after at home had been deprived of her liberty.’

Full story

Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

A change in the landscape for victimless prosecutions? – Park Square Barristers

Posted March 19th, 2015 in domestic violence, hearsay evidence, news, prosecutions, victims by sally

‘As the Crown Prosecution Service places increasing focus on securing convictions in domestic-violence cases, there is a sense that victimless prosecutions have become far more common, particularly in the Magistrates’ Courts.’

Full story

Park Square Barristers, 6th March 2015

Source: www.parksquarebarristers.co.uk

Burglar who sued prison for back injuries caught carrying stolen widescreen TV – Daily Telegraph

Posted March 19th, 2015 in compensation, costs, news, personal injuries, prisons, theft by sally

‘Judge rules HMP Manchester still has to pay Ryan Hough nearly £3,000 compensation for bunk bed fall despite burglar being caught taking TV in raid on fire-hit home.’

Full story

Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Why the cookies law wasn’t fully baked – and how to avoid being tracked online – The Guardian

Posted March 19th, 2015 in computer programs, data protection, EC law, internet, news, privacy by sally

‘The UK uses the most tracking cookies of any EU country. How should you be protecting your privacy online?’

Full story

The Guardian, 19th March 2015

Source: www.guardian.co.uk

New Compulsory System for Obtaining Medical Report in Whiplash Claims is on the Starting Blocks. Are You Ready for it? – Zenith PI Blog

Posted March 18th, 2015 in expert witnesses, health, news, personal injuries, reports, road traffic by sally

‘MedCo Registration Solutions’ is the new compulsory system for sourcing medical reports in soft tissue injury claims brought under the PAP for low value PI claims in RTAs.

Full story

Zenith PI Blog, 17th March 2015

Source: www.zenithpi.wordpress.com

What should we do with violent children? One secure home may have the answer – The Guardian

‘The young people locked up in Clayfields House have been convicted of serious crimes, from assault to murder. Under close supervision, many have turned their lives around – but now this unusual prison may be under threat.’

Full story

The Guardian, 18th March 2015

Source: www.guardian.co.uk

Health system could benefit from greater pharmacist input if legal challenges can be addressed, says expert – OUT-LAW.com

Posted March 18th, 2015 in doctors, health, news, pharmacists by sally

‘The health system in England could benefit if plans to involve pharmacists more in delivering treatments and care in GP surgeries are implemented, an expert has said.’

Full story

OUT-LAW.com, 17th March 2015

Source: www.out-law.com

EVENT: Modern Law Review 2015 Chorley Lecture – Law as information in the era of data-driven agency

Posted March 18th, 2015 in Forthcoming events by sally

‘Speaker:
Professor Mireille Hildebrandt
Associate Professor of Jurisprudence at the Erasmus School of Law and Chair of Smart Environments, Data Protection and the Rule of Law at the Institute for Computing and Information Sciences (iCIS) at Radboud University Nijmegen.’

Date: 18th June 2015, 6.00pm

Location: Shaw Library, Old Building, London School of Economics

Charge: Free

More information can be found here.

Witness-informing threatens fairness, Society warns – Law Society’s Gazette

Posted March 18th, 2015 in Law Society, news, witnesses by sally

‘Informing witnesses of the general nature of a defence case could jeopardise the fairness of the trial, the Law Society has said in response to a consultation on draft prosecution guidance.’

Full story

Law Society’s Gazette, 17th March 2015

Source: www.lawgazette.co.uk

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

EVENT: IALS – Clarification and Easification of Legislative Drafting

Posted March 18th, 2015 in Forthcoming events by sally

‘IALS Seminar on the “Clarification and Easification of Legislative Drafting”.

The seminar will be chaired by Daphne Perry, Clarity and the International Association for Plain Legal Language.

Speakers:

Jenny Gracie, Lawyer, Linguist and French-Court Approved Translator and Interpreter;
Daniel Greenberg, Parliamentary Counsel, UK;
Dr Giulia Adriana Pennisi, University of Palermo;
William Robinson, Associate Research Fellow, IALS;
Prof Helen Xanthaki, Sir William Dale Centre, IALS.’

Date: 25th March 2015, 2.30-5.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: IALS – Chancery Execution of Trusts, c. 1660-1750

Posted March 18th, 2015 in Forthcoming events by sally

‘Speaker:
David Foster, Queen Mary, University of London.
Organised with the London Legal History Seminar.’

Date: 20th March 2015, 6.00-7.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.