Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

24 July 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

 

InfoUpdate 16 of 2009
Useful Links
and Items of Interest 
 

United Kingdom

Courts

Widow sues over Iraq ambush death - 20 July
A widow whose security consultant husband died during an ambush in Iraq has begun a High Court claim for about £300 000 compensation over his death. Julian Davies was fatally wounded when he travelled on a three-vehicle convoy in Mosul, northern Iraq in 2004. Lawyers acting for his widow Joanne, of Barry, Vale of Glamorgan, told the hearing in London, Global Strategies Group failed in its "duty of care". Global Strategies Group deny all liability for Mr Davies's death.
Nicholas Braslavsky QC told Mr Justice Burnett that the two Global Strategies companies - one in Hong Kong and one in the UK - had failed to heed the concerns of senior staff about the safety of employees in Iraq. - BBC News website

Bomb blast engineer loses action - 24 July
An engineer who was seriously injured by a roadside bomb in Iraq has lost his damages action against his former employers and the Ministry of Defence. Graham Hopps was hurt when his Land Rover was hit by a blast in Basra. Mr Hopps claimed the MoD left him inadequately protected in a civilian vehicle. At the High Court, the judge said he had to reject the claim as it was not clear Mr Hopps would have been better protected in an armoured vehicle. Mr Hopps blamed his former employer, Mott MacDonald Ltd and the MoD for not supplying armoured vehicles to transport men working on contracts in Iraq. - BBC News website

Kidnapper Justice Ngema gets eight years for locking nurse in car boot - 21 July
Magdeline Makola from Livingston, West Lothian, was found dehydrated and with hypothermia following her ordeal last year, when she was left in the boot in sub-zero temperatures wearing only her night clothes. Justice Ngema, an illegal immigrant from South Africa, used his victim's bank cards to fund a Christmas shopping spree and to drink champagne and cocktails with friends while his victim lay in the boot of her car. The 35-year-old was sentenced today to a minimum of eight years in jail as well as a lifelong restriction order which could lead to him being imprisoned for longer if parole officers believe he continues to pose a risk. - Times Online website

Change would help to expose unjust rulings - 21 July
The move towards creating Britain's first formal network of Sharia courts is a logical next step after the encouragement given to Islamic tribunals by leading legal and church leaders. In the past 18 months the Archbishop of Canterbury and the Lord Chief Justice have both given their blessing to the settling of some disputes under Sharia. A new network would formalise Sharia tribunals, lending them a new authority and credibility, as well as a more public face. - Times Online website

Non-Muslims turning to Sharia courts to resolve civil disputes - 21 July
Increasing numbers of non-Muslims are turning to Sharia courts to resolve commercial disputes and other civil matters, The Times has learnt. The Muslim Arbitration Tribunal (MAT) said that 5 per cent of its cases involved non-Muslims who were using the courts because they were less cumbersome and more informal than the English legal system. Freed Chedie, a spokesman for Sheikh Faiz-ul-Aqtab Siqqiqi, a barrister who set up the tribunal, said : "We put weight on oral agreements, whereas the British courts do not". - Times Online website

Government

Expenses clean-up bill is passed - 22 July
A bill aimed at cleaning up Parliament after the MPs' expenses scandal has become law after getting Royal Assent. However, the government dropped plans for a legally-binding code of conduct and two new criminal offences for MPs in the face of stiff opposition. Ministers insisted the changes made for a better bill and that it was vital it became law before the summer recess. - BBC News website

Human Rights

Scholar denies that Islamic divorce procedure is biased against women - 21 July
Opponents of Sharia have long complained that it involves an inherent bias against women and treats them as second-rate citizens. For visitors to the Islamic Sharia court in Leyton, East London, all it takes is a glance at the wall of the reception to shatter any remaining illusions of equality. A flow chart outlines the process of obtaining an Islamic divorce. - Times Online website

Media

MPs probe tabloid hacking claims - 21 July
Former News of the World editor Andy Coulson will be questioned by MPs about phone hacking claims against the paper. Mr Coulson, now Conservative Party director of communications, will appear before the culture and media select committee later. He will be asked what he knew about his journalists' activities when he was in charge of the Sunday tabloid. The Guardian has claimed up to 3 000 public figures had their phones hacked in an attempt to obtain stories. - BBC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society