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Home Newsletters Corruption and lack of inclusiveness plague 'Malaysian family'
Corruption and lack of inclusiveness plague 'Malaysian family'
We must persevere in the struggle of light against darkness
Prema Devaraj
Bearing the theme "keluarga Malaysia, makmur sejahtera" (a prosperous Malaysian family), Budget 2022, at a whopping RM332bn, was the largest ever.
Yes, we need to invest and spend some money to help the nation recover from the pandemic. But where exactly is the money coming from, what exactly should we spend it on and how do we monitor it to ensure the money reaches target groups without 'leakages'?
The auditor general's 2020 report noted that the non-compliance with financial management standards by federal ministries and departments led to irregular payments, loss of public funds and wastage amounting to RM620m.
The auditor general said "that of the RM510.49mil in irregular payments, RM499.19mil involved payments for maintenance service claims without being verified at the National Security Council level".
And, of "the RM104.79mil loss in public funds, RM81.69mil involved unclaimed penalties not imposed by the Immigration Department, RM4.79mil involved equipment that was received late and not installed at Istana Budaya, among others".
The auditor general recommended verifications of financial statements and compliance audits of federal ministries and departments to enable corrective action and improvements.
But who will be held responsible for such a loss of public funds and wastage – RM620m! Will we ever take anyone to task over this corruption or mismanagement of funds?
In early October, the Malaysian Anti-Corruption Commission chief commissioner said corruption cases resulting in leakage of government procurement funds involving civil servants were growing more critical. Apparently, half of such cases involved government agencies.
The MACC chief said "based on the MACC analysis, such wastages are common in the public sector, where they (the top leadership of government agencies) who are in power in deciding a matter (government procurement) are involved in misappropriation and abuse of power…. When there is a leakage of government procurement, our investigation shows that there is an element of corruption that causes a certain value of government procurement to rise."
Back in 2017, the former auditor general had already estimated that up to 30% of Malaysia's public projects' value was lost owing to mismanagement and corruption.
READ MORE: Najib's guilty verdict upheld: What will happen to Judge Abdul Karim Abdul Jalil?
If this estimate is accurate and still holds true, then what will happen with the latest Budget? Will we still see mismanagement, wastage, leakages – or whatever the term for corruption is these days?
Many worry that the projected revenue for 2022 is only RM234bn. What will the government do about the shortfall of RM98bn? Where will the money to finance this come from and what will it mean for Malaysia to be even more indebted?
Before and after the Budget was unveiled, some had wondered whether it could meet the needs of vulnerable groups in society.
Although the Budget had some positives, some felt disappointed over the lack of measures to tackle the problems faced by government contract workers, including cleaners, gardeners and security service staff in hospitals and schools. Many contract medical officers also felt let down.
Others were disappointed over the lack of a gender perspective in the Budget across ministries and sectors and the lack of detail in the actual implementation of the Budget.
Meanwhile, the phrase "keluarga Malaysia" (Malaysian family) keeps popping up. However, there are many things happening around us which make us wonder about this concept of a 'Malaysian family', as in who defines it? It does not seem to be very inclusive at the moment.
The brouhaha over Timah whisky is still simmering with people wondering about the origin and validity of the "sensitivities" surrounding it. We are now told that the whisky firm might consider a name change. Others have deemed the entire episode less than rational.
One wonders about those setting or influencing the current mainstream narrative and debate. It is often exclusive in deciding whose views, rational or otherwise, are considered. We don't have to look far to see the impact of ethnic chauvinism coupled with the politicisation of ethnicity and religion on minority groups in, for example, Sri Lanka, India and Myanmar.
READ MORE: The Najib Razak 1MDB Trial Ep 64: Lies
If we can see so clearly the transgressions of chauvinist extremists in these and other places in the world, why do we still allow (and sometimes fuel) the spread of such thinking over here? Because the 'over there' scenario is where Malaysia could well be heading if we continue to politicise ethnicity and religion and exploit insecurities for political mileage.
If we really want the concept of the 'Malaysian family' to work, then there can be no room for ignorance or arrogance from any side. We cannot allow unjust practices.
More than ever, we need to show compassion and understanding in our thoughts, words and actions towards others, especially those in need – and there are many vulnerable people and groups across the country. Nation building is not about wealth creation for a select few.
Meanwhile, problems of poverty, employment, living wages, social protection, affordable housing, accessible healthcare, access for persons with disability, digital access for people in rural areas including in Sabah and Sarawak, violence against women and children, the impact of climate change and environmental destruction persist. Shouldn't these issues be the major thrust of the government's focus and discussion in Parliament?
And while we took part in Deepavali celebrations this year, across the causeway in Singapore, Malaysian Nagaenthran a/l K Dharmalingam faces execution on 10 November 2021. Nagaenthran was convicted of trafficking in 43g of diamorphine in 2011. The Malaysian Bar, the Advocates Association of Sarawak and the Sabah Law Society jointly appealed to the Singapore government not to proceed with the execution as Nagaenthran has faced diminishing mental capacity since his conviction and has been diagnosed with borderline intellectual disability with an IQ of 69.
Human rights groups – the Anti-Death Penalty Asia Network, Malaysians Against Death Penalty and Torture (Madpet) and Lawyers for Liberty – have also urged the Singapore government to commute the death sentence and spare Nagaenthran.
A Change.org petition #SaveNagaethran has collected over 60,000 signatures calling for the pardon of Nagaenthran.
READ MORE: MACC incident reflects lack of protection for whistleblowers?
It is unclear how the execution of a person with a reduced mental capacity can serve as a deterrent to others. But it would seem the Singapore government remains unmoved.
Back in Malaysia, 55-year-old Hairun Jalmani, a single mother of nine, was recently sentenced to death by the Tawau High Court on 15 October after she was convicted of possessing and distributing drugs (114g of methamphetamine) three years ago.
Available statistics show that 1,324 people have been sentenced to death in Malaysia as of 24 October 2020. Of these, 59.5% are Malaysians with about 60% of them having been convicted of drug trafficking under Section 39(b) of the Dangerous of Drugs Act 1952.
The data also shows that while most of those sentenced to death in Malaysia are men, women make up 9.7% of the total number. An Amnesty International report states that the death penalty for drug offences disproportionately affects women, with 95% of women on death row convicted of such offences.
A UN General Assembly resolution adopted in December 2020 called for a moratorium on executions pending the abolition of the death penalty. Malaysia was one of the 123 nation states that supported this call.
It is time to put our international commitment made at the UN into practice at home, especially given our new status on the UN Human Rights Council. So it is heartening to hear that the PM has appealed to his Singapore counterpart for a stay of execution for Nagaenthran so that a fresh petition for clemency can be filed.
The flame depicted in the oil lamps during the recent Deepavali celebrations is said to symbolise the inner light, which protects us from spiritual darkness. It represents the triumph of good over evil.
That flame is an important one, and all of us need to watch over and nurture it. It is a struggle at times to keep that flame burning, but struggle we must.
Co-editor, Aliran newsletter
Dr Prema Devaraj is the honorary assisant secretary of Aliran. A long-time executive committee member, she was elected Aliran's first woman president in 2016 and served for three terms until 2019.
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The incomplete Abu Zahar press conference
Mustafa K Anuar
Benedict Lopez
Mahathir's failure to tap this priceless asset cost Malaysia dearly
JD Lovrenciear


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On Twitter the Council follows five different customer facing services – highway rangers, fire, libraries, adult social care and its customer service centre. There has been lots of interaction, and re-tweeting from members of the public, even matching up a load of spare firewood with a local group having a bonfire. Read more about nccourday.
Scotland have done a 24 hour twitter event.
Many Councils are now using "gritter twitter" to let their residents know about gritting routes in winter weather.
Greater Manchester Police last year had great feedback from the public when they published details of every incident in 24 hours on twitter. One resident tweeted: "What comes across from these tweets is how much the police are involved in the community and how much they are relied upon". Read more about the GM Police Twitter experiment.
Earlier this year, Walsall Council ran the Walsall 24 experiment, using Twitter to give real time updates of what they were doing across a 24-hour period. Read more about Walsall 24 experiment.
An increasing number of public sector organisations are embracing twitter and other social media to communicate more widely about the services they provide, with great responses from the public who never fail to express surprise about the range and breadth of services that are provided.
All this is great news for those working in the public sector, giving a much needed and well deserved boost to their morale and pride in what they do.


In addition, the report asserts that the Defense Department "does not know the full extent of its weapon systems cyber vulnerabilities due to limitations on tests that have been conducted." It pretty much goes downhill from there.
This latest report is just one of many from the GAO, other government groups, and research organizations that have been sounding the alarm since the early 1990s about the Defense Department's woefully inadequate approach to cybersecurity across the board, and with regard to its weapon systems in particular. After each stinging report, the DoD promises to improve tomorrow. Yet, tomorrow never seems to arrive. This failure to act might help explain why its major weapon systems are accessed by foreign powers—at least 29 at last count (allegedly) by China alone.
The GAO, which has made hundreds of recommendations on how the Defense Department could improve its cybersecurity over the years, has apparently decided to take a different tack. Instead of new suggestions, it is laser focused on documenting the (in)adequacy of the Department's cybersecurity, starting with its weapon systems. The GAO perhaps is thinking that the only way the department will ever truly change its behavior is for its lackluster cybersecurity to become the object of a public shaming campaign. Reason and successful cyberattacks haven't proven sufficiently motivational.
How confident should those agency officials be in their "tick in the box" cybersecurity compliance? Not much, if the results of other weapon systems cybersecurity tests are any indication. During testing of one system, the GAO report noted, the testers were able to operate for weeks without being detected, even though the test team was deliberately "noisy" and not trying to disguise its activities.
While the report documents several other incidents, I think the more interesting aspect of the report is why the Defense Department got to this point where, the GAO says, it is "just beginning to grapple" with the scale of its weapon systems' cybersecurity vulnerabilities. One reason the GAO highlighted is that the Defense Department has spent most of its time focused on trying to secure its networks. It is a huge embarrassment to have teenagers penetrating your computers repeatedly; public and political embarrassment is decidedly motivational.
Simply put, weapon-system cybersecurity was not a Defense Department priority, despite the decades of admonitions it had received. Until recently, the GAO says, the Defense Department did not view cyber survivability of its weapon systems as a key performance indicator by which to measure program success.
Not making cybersecurity a key parameter also meant that it wasn't a high priority in the department's weapon testing program, either. The omission also served to reinforce the idea within weapon system program offices their systems were seen as being secure. Cybersecurity was an afterthought, if it was thought about at all.
Another issue that no one likes to talk about is cost. The Pentagon is always trying to lower the cost of its weapon systems acquisitions. With cost cutting in mind, it decided years ago to move to commercial off-the-shelf and later [PDF] open systems software in its defense programs. But it didn't always fully understand [PDF] the repercussions, not only in terms of sustaining these systems, but securing them. Patching cybersecurity weaknesses in legacy weapon and support systems is a rapidly rising cost burden that is increasingly worrying senior defense officials.
It is important to keep in mind that the GAO report did not "look in depth at related issues in the context of weapon systems, such as the security of contractor facilities, so-called 'Internet of Things' devices, microelectronics, contracting, and industrial control systems." Further, what it presented was deliberately veiled, high-level, and unclassified information; the detailed, classified information regarding what it found undoubtedly paints an even uglier picture.
Let's hope that the cybersecurity of future autonomous weapon systems aren't the subject of those missteps.


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Un teónimo (del griego clásico θεός theós 'dios' y -ónimo 'nombre') es una forma del nombre propio que se refiere a una deidad. El estudio de teónimos es una rama de la onomástica.

El nombre de un dios de sociedad puede ser útil para entender el origen de su lenguaje según su punto de vista de una deidad particular. Los teónimos han sido particularmente útiles para entender las conexiones de los idiomas indoeuropeos.

Referencias

Teonimia

redpajama_set_name: RedPajamaWikipedia


You'll see some serious jumbling within the top five, and a one particular team catapulting into the top 10.
Hewlett-Packard will apparently need close to two months to start fulfilling backorders for the (temporarily) revived Touch Pad tablet.
This is because the Golden State Warriors did something they hardly did at all last year: lose.
After a week of play, we've revisited our power rankings.
We're just a a week into the year, there's a new top team -- at least for now.
Baseball's grand stage this year was something bigger, better.
In the seventh game of the 2016 World Series, the Chicago Cubs clinched their first championship since 1908 with a 8-7 win in 10 innings over the Cleveland Indians, becoming the fifth team in history to come back from a three-games-to-one Fall Classic deficit.
"It will take 6-8 weeks to build enough HP Touch Pads to meet our current commitments, during which time your order will then ship from this stock with free ground shipping," read an email sent to customers and reprinted in a Sept. "You will receive a shipping notification with a tracking number once your order has shipped." HP originally acquired web OS as part of its takeover of Palm in 2010.
The two most-tortured fan bases put their faith in their pennant-winning teams, both of whom did everything humanly possible to negate decades of misery.Simply put, a lot more was on the line than a trophy.


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ASIPONA GUAYMAS
About the port
In the Indigenous language Cahitia, Guaymas meant "To throw arrows to the head ".
The first one to discover the Bay of Guaymas seems to have been Francisco de Ulloa, companion of Hernando Cortes. He first explored the area in September, 1539.
At the beginning of 1701 P. JUAN MARIA SALVATIERRA S.J. came to Guaymas and founded the mission of San Jose. Don Juan de Gálvez General del Virreinato of New Spain expressed the following decree on August 31, 1769: " In order that the port of Guaymas could prosper, they will construct houses and stores, with land being distributed at the same time to individuals. ".
In 1813 the "King Fernando" was anchored in bay of Guaymas for 5 months and did in depth explorations.
On March 26, 1814, the Spanish Parliament approved maritime traffic for Guaymas. On the 9th of November, 1820 open trade was declared with the port of Guaymas and on November 20 of the same year the maritime custom was established.
Sr. John A. Robinson, American citizen and later consular agent in Guaymas, in his memoirs said, "San Fernando of Guaymas has visited in 1821 and at that time there was only a house that was used as customs and a hut at the foot of the hill occupied by a thief since the population was taking root in San Jose of Guaymas.
In 1825, The Political Local Constitution arranged that town halls were formed. From that year Guaymas had the category of municipality.
In 1827 the first commercial movement is registered in the new Port of Guaymas, with the arrival of four ships bringing 650 tons of diverse products with value of 104,947 pesos, 7 royal ones.
The first constructions to improve the maritime movement began on the first of November, 1836. They began construction of the first wharf in Guaymas.
Invasions against the Port of Guaymas began in 1847. A North American fleet anchored and opened fire with cannons against the port.
In 1851, a French vagabond, Marques de Pindray, jumped from his boat to land, accompanied by eighty eight followers. A riot broke out resulting in numerous deaths.
In 1865, French ships attacked the port and occupied the port until 1866.
The Pacific Mail Steamship Co. began sending the ship "Curazao" on a monthly trip between San Franiciso and Guaymas. The Mexican West Coast Steamship Co. was operating thirteen ships of the Pacific Mail and Stemship Co. They were traveling to the ports of La Paz, Guaymas, Mazatlan and San Blas.
During this time, nothing was creating more interest than the arrival of big German boats. They were bringing china, porcelain, kitchen utensils, cutlery and exquisite linens from England.
In 1880, a contract was signed with the steam "Newbwen" of California.. That same year, the Railroad of Sonora initiated travel in Guaymas. A wharf of access was constructed to receive different material and machineries for the railroad
Ata the end of the 19th century, Guaymas was relying on merchant fleets that were the property of the CIA. In these years, the CIA bought three steam ships, Korrigan, Korrigan II and the Korrigan III. These ships were coming to the port of Guaymas loaded with copper of Santa Rosalia. In 1890, the population of Guaymas was 10,000. These people were proud to live in a city with modern services: electricity, telegraph, urban railroad and especially a communication with the principal ports of the world across big shipping companies. The economy of the port was of great importance.
In 1913, five ships belonging to federal forces were anchored in the bay, and the first air bombardment ona naval ship was initiated.. In 1925, naval zones were constructed..
On November 5, 1935, the local legislature votes for the following decree:" the title is granted the Port of Heroic, for the action of heroism, defending the state and the Mother land itself"
In 1942, there was new construction in the wharf, due to a fire that caused massive destruction.
In 1961, PEMEX's wharf is constructed.
In 1964, the unit of silos is constructed for the exportation of grains.
In 1995, The Administration Portuaria Integral of Guaymas replaces Guaymas Port Services. Its principal aim is to administer, to supervise, to control and to promote goods, services and activities inside the Port Enclosure. It operates with usefulness and, with its own resources, achieves self sufficiency.
Última actualización: 20 Octubre 2019
Puerto de Guaymas is located in the northern port of Mexico on the coasts of the Pacific Ocean. Because of its privileged geographic location Puerto de Guaymas represents a competitive advantage for the movement of all type of goods within the logistics chain contributing to the sustained development and the growth of Mexico´s exterior commerce.
Influence Zone
The internal area of influence of the Puerto de Guaymas or Hinterland, by its ubication, the Puerto de Guaymas has the character of a regional port to which access by sea to international trade routes is done by the Pacific Ocean and the Gulf of Cortez.
Connectivity of the port Guaymas
The port is 1.8 km (1.1 miles) from the Federal four-lane highway No.15 and forms part of the "CANAMEX" Corridor only 400 km (248.55 miles) away. The city of Nogales is located to the north and is on the border of the U.S.
Hinterland And Foreland
Because of its ubication, the Puerto de Guaymas has maintained the character of a regional port to national and international maritime access by the Pacific Ocean and the Sea of Cortez, with a large area of influence to the States of Sonora, Baja California Sur, Chihuahua and Sinaloa, as well as the geographical area of centro / southwest of the U.S.
Distances From Guaymas to:
By Ship, by highway and by train.
Port Activity
At Port of Guaymas our main commitment is to provide safely and efficiently the port services of handling cargo, fiscal storage and logistics in the management of exterior commerce, attending our clients needs through a system of continuous improvement.
Financial information of the Administración Portuaria Integral de Guaymas, S.A. de C.V. accounting close in 2008.
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+44 (0)20 7691 2424 clerks@xxiv.co.uk
The Geneva office
How to instruct us
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Unfunded pupillage
Chambers & Partners
Chambers Global
James Fennemore
james.fennemore@xxiv.co.uk
James Ladbrook
Senior Practice Manager
Joel Banks
Contact the Practice Managers
Home > Barristers > James Fennemore
James has a broad chancery and commercial practice encompassing contentious trusts and estates, probate and inheritance disputes, civil fraud, insolvency, and commercial and company disputes.
He regularly appears as sole counsel in the High Court and County Court, and is frequently instructed as a junior on complex and high value disputes. Alongside a substantial domestic caseload, many of James's cases involve working with lawyers and clients from other jurisdictions, and on matters involving international and conflict of laws elements.
James has twice been seconded from chambers for three months: first to the litigation team at Walkers (Guernsey) LLP, during which he worked on a wide range of commercial, civil fraud, and contentious trusts cases, gaining a detailed familiarity with the jurisdiction; and second to the private wealth disputes team at Mishcon de Reya LLP, during which he handled a varied caseload of trusts, probate and succession litigation.
Examples of James's recent work include:
Adams & ors v FS Capital Limited & ors (High Court, 2020): James acts (with Hugh Miall) on behalf of c.650 beneficiaries of 3 Jersey-law trusts who seek the recovery of trust assets in excess of £170 million on the basis that the sale and assignment of those assets out of the trusts was a breach of trust and a fraud on the power.
Molard International (PTC) Limited & another v Rusnano Capital AG (in liquidation) [2019] GCA077 (and ongoing): James acts (with Edward Cumming QC) as English counsel in Guernsey proceedings for a company in a Russian-owned technology investment group which seeks the termination of a trust of which it is the sole beneficiary. The Guernsey Court of Appeal decision is the leading authority on a beneficiary's ability to terminate a Guernsey trust under the Trusts (Guernsey) Law 2007.
Fonds Rusnano Capital SA v CRGF GP Ltd (Guernsey Royal Court, 2019): James acted (with Edward Cumming QC) in a two week trial in the Guernsey Royal Court, in which a company in the Russian-owned 'Rusnano' group sought the rescission of a $125 million limited partnership agreement on the basis of alleged fraudulent misrepresentations by the former member of Rusnano's staff who owned the general partner.
Parks v Parks & another (Lewes County Court, 2020): James successfully obtained summary judgment (both at first instance and on appeal) against an adult child claimant under the Inheritance (Provision for Family and Dependants) Act 1975, on the basis that there was no real prospect of establishing that the deceased's will had not made reasonable financial provision for the claimant on the evidence that had been filed in advance of trial.
Further details of James's experience are set out below.
Areas of experience
Checked sections will be included in the PDF download.
James frequently appears in the County Court representing defendant airlines (including British Airways, Emirates, Icelandair, TUI, and easyJet) in claims made by passengers under EU Regulation 261/2004 and the Montreal Convention. He also has experience settling pleadings of such claims, both under the CPR and the European Small Claims Procedure.
James's wider experience in the aviation sector includes advising owners of an aircraft as to the correct interpretation of a contract for repair. During pupillage, James also worked on a claim in which the purchaser of a part-share in an aircraft sought US$4m for breach of contract and conversion.
James's commercial work frequently involves questions of banking law. He has recently advised in relation to a claim under a contract for the provision of an overdraft facility, and a claim involving a detailed analysis of international payment mechanisms. During pupillage, James gained a broad experience across a range of banking and financial services matters, including:
Mis-selling claims in relation to the sale of mortgages, pensions, savings products, and interest-rate swap products.
A judicial review of a final decision made by the Financial Ombudsman Service.
A claim involving the brokering of contracts for difference with a fraudulent and insolvent hedge fund.
Civil Fraud, Asset Tracing & Recovery
James has a particular interest in fraud claims. He has been instructed on a range of cases involving allegations of fraud and dishonesty, including:
Adams & ors v FS Capital Limited & ors (High Court, 2020): James acts (with Hugh Miall) on behalf of c.650 beneficiaries of 3 Jersey-law trusts who seek the recovery of trust assets in excess of £170 million on the basis that the sale and assignment of those assets out of the trusts was a fraud on the power. The claimants also contend that the recipient of the trust assets is liable to account as a constructive trustee.
Fonds Rusnano Capital SA v CRGF GP Ltd (Guernsey Royal Court, 2019): James was instructed in a two week trial in the Guernsey Royal Court, in which the plaintiff sought the rescission of a limited partnership agreement (pursuant to which $125 million had been committed to the partnership) on grounds including fraudulent misrepresentation.
Advising a client who had been the victim of an authorised push payment crypto-currency scam.
Advising in relation to a potential claim for dishonest assistance following a fraud in the value of $1.2 million.
During pupillage, James gained experience in applying for and defending freezing and proprietary injunctions, and worked on a large number of civil fraud disputes, including:
A claim brought by an airline for deceit, breach of fiduciary duty and conspiracy against seven defendants.
Proceedings involving the fraudulent introduction of an insolvent hedge fund to a global brokerage firm.
A claim brought by an art dealer seeking the return of artworks which had been consigned on the basis of alleged fraudulent misrepresentations.
An alleged oil trading fraud involving claims for unlawful means conspiracy, breach of fiduciary duty, breach of contractual duty, dishonest assistance, and knowing receipt.
A claim against a former employee alleged to have been stealing company money throughout her employment.
James is building a broad commercial practice, and regularly advises, settles pleadings, and appears in court (both on interim applications and final hearings) on a wide range of commercial cases.
James's recent work has included:
Successfully defending at trial a claim for breach of a settlement agreement arising in the context of a construction contract.
Drafting a Defence to a claim for unpaid commission under an agency agreement.
Advising on a claim involving issues of equitable forbearance, rectification for mistake, and restitution on grounds of economic duress.
Advising in respect of a proprietary restitution claim following a mistaken payment.
Advising on a claim for breach of contract following a repudiatory breach of a service agreement.
Drafting a Defence to a claim alleging breach of implied terms of quality and fitness for purpose of goods supplied.
Drafting Particulars of Claim for the enforcement of an adjudicator's decision following the incorrect performance of a contract for the construction of a block of apartments.
Drafting a Defence and Counterclaim for a couple facing a claim for unpaid invoices having withheld payments to a builder due to defective work.
Cases James worked on during pupillage included:
Assisting Edward Cumming QC in Yukos International UK BV & Ors v Merinson [2018] EWHC 335 (Comm) concerning the interpretation and scope of Article 23 of the Brussels Recast Judgments Regulation.
Assisting Hugh Miall in Harvil Roofing Limited v Lakehouse Contracts Limited [2017] EWHC 3310 (TCC), a trial in the Technology and Construction Court of a claim against a building contractor for alleged breaches of an oral contract relating to the exclusivity of future work.
A claim by an investment banking advisor for unpaid success fees in relation to the introduction of a Chinese investor to a defendant property development company.
A claim brought against three pharmaceuticals companies for breaches of contract and fiduciary duty.
A claim for allegedly due commission payments following the sale of a business, engaging issues under the Estate Agents Act 1979.
A claim for breach of contract brought by a company acting as an intermediary in the egg production market against a couple running a free-range egg farm, involving arguments concerning contractual interpretation and penalty clauses subsequent to Cavendish Square Holding BV v Makdessi [2015] UKSC 67.
A claim for damages for breach of contract, conversion, and restitution for unjust enrichment concerning unpaid sums pursuant to a contract for the provision of telecommunications and security equipment and services.
James regularly appears in the County Court and High Court in applications brought under the Companies Act 2006 (including applications to restore companies to the register, to rectify the register, and applications in respect of company charges). He also often advises on matters engaging issues of company law.
During pupillage, James gained experience of a range of company law matters, including:
claims alleging breaches of directors' duties;
derivative claims;
unfair prejudice petitions under section 994 of the Companies Act 2006;
assisting Edward Cumming QC in the mediation of a dispute involving the exclusion of a director and shareholder from the management of a large family business.
James regularly appears in the High Court and County Court in both corporate and personal insolvency proceedings. He frequently acts for petitioners, debtors, and supporting creditors on bankruptcy and winding up petitions and at other related insolvency hearings, including applications to set aside statutory demands and applications for injunctions to restrain the presentation of a winding up petition.
James also regularly advises on insolvency proceedings and disputes arising under the Insolvency Act 1986, including, for example, void dispositions of property under section 127 of the Act, the antecedent transaction provisions at sections 238-245 of the Act, and claims under section 423 of the Act for transactions defrauding creditors.
James's cases often involve a real property dimension. He has particular experience of:
claims under TOLATA 1996 and other disputes involving the joint beneficial ownership of property;
possession claims (acting for landlords, tenants, mortgagors and mortgagees);
disputes over allegations of disrepair; and
mis-selling claims in respect of both residential and commercial property.
Trusts, Probate & Estates
Trusts and succession litigation makes up a substantial and growing part of James's practice. His experience includes:
Claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Disputes concerning co-ownership of homes.
Contentious probate actions (engaging both formal and substantial validity issues).
Advising under the Non-Contentious Probate Rules.
Claims for the removal of trustees and personal representatives.
Claims in relation to the administration of trusts.
Applications for accounts and the disclosure of trust information.
A claim for the rescission of a trust on the basis of mistake or misrepresentation.
A claim for proprietary estoppel against the trustee of a will trust.
Rectification of wills under section 20 of the Administration of Justice Act 1982.
Whilst a pupil, James also assisted Edward Cumming QC in Lehtimäki v The Children's Investment Fund Foundation (UK) and others [2018] EWCA Civ 1605, concerning the scope of the court's inherent jurisdiction to supervise charitable companies.
BA English Language and Literature (First Class, top 5 in university) – Brasenose College, University of Oxford
MSt English 1550-1700 (Distinction) – Lincoln College, University of Oxford
Graduate Dip. Law (Distinction) – Oxford Brookes University
Lord Mansfield Scholarship (Lincoln's Inn's top award, 2016)
Winner, ESU-Essex Court National Mooting Competition (2016)
Lord Brougham Scholarship (Lincoln's Inn, 2015)
Hardwicke Award (Lincoln's Inn, 2015)
Sloane Robinson Graduate Scholarship (Lincoln College, Oxford, 2014)
The Chancery Bar Association
The Commercial Bar Association
Young Fraud Lawyers Association
Panel member, Advocate (formerly the Bar Pro Bono Unit)
News about James Fennemore
Pleading dishonesty: how much is enough? Sofer v Swissindependent Trustees SA [2020] EWCA Civ 69916 July 2020
Turbulence in the aviation sector – an update from the aviation team at XXIV Old Buildings2 April 2020
Persons to be notified of proceedings in the Court of Protection: M v P [2019] EWCOP 4230 March 2020
Annual Probate & Court of Protection Conference 20202 November 2020
Annual Commercial Litigation Conference 20204 June 2020
Registered name: James David Haigh Fennemore
Lincoln's Inn
London WC2A 3UP, UK
DX: 307 LONDON clerks@xxiv.co.uk
11, rue du General-Dufour
CH - 1204, Geneva
© XXIV Old Buildings 2021. All rights reserved.
Websites for barristers by Square Eye Ltd.


Are you looking for a less dangerous, more stable way to enjoy your bath? To address this, the experts at Lone Star Walk In Tubs have a variety of bath and shower options created for elderly or disabled persons. We have years of expertise providing top quality walk-in bathtubs in New Boston, TX, and the surrounding areas, and we can provide you with accessible shower options as well. By contacting our experts at (972) 695-3027 today, you can schedule a time to meet with us during your free in-home consultation. This meeting will be used to not only look into the dimensions and set up of your restroom, but to additional determine which one of our solutions will best address your personal needs.
If you struggle with impaired mobility, you know that certain areas of your life are not as simple as they used to be, including taking a bath independently. This is true for many individuals over age 65, and because of this limited mobility, many elders are not able to bathe safely at home. There are many safer options on the market, and quality walk-in bathtubs and accessible showers can help you maintain your independence at home. If you're more likely to take showers, built-in shower seats offer a level of stability that removable seats cannot. Accessible showers even offer a selection of other features that can enable you to enjoy the entire shower without risking your balance. If you prefer soaks to showers, our walk-in bathtubs are also safe alternatives to traditional bathtubs, and can cater to your own requirements.
You can even explore our deluxe hydrotherapy packages, which can bring the spa experience directly to your home. Order your installation now by calling us at (972) 695-3027, or call an expert to discover more. When you purchase a walk-in tub from Lone Star Walk In Tubs, you know you are recieving top notch quality, service, and safety!
Understanding the reason behind a walk-in tub installation is the first step in this process. That's why our experts conduct a free in-home consultation. This consultation is utilized to assess which installation will fit in your allotted space, as well as which one will fit your requirements. Call the office at (972) 695-3027 to schedule your consultation for a cost-effective walk-in tub installation today!
Living independently at home can sometimes be challenging with a handicap, particularly if your home is not suited to your needs. We provide a wide array of handicap tubs and showers to help our clients to have one less appliance to be concerned about. With the installation of These specifically designed tubs and showers, you have the opportunity to keep more independence in your bathroom, in addition to a safer experience. If you're interested in discussing your potential for handicap bathtubs or showers, speak with any of our professionals at (972) 695-3027 today!
In typical restroom models, there's a shower threshold edge created to prevent water from seeping out of the shower. Though this is a helpful way to keep water inside of the shower, it also poses a potential risk for seniors who have difficulties with balance. Stepping over a ledge of any height onto a slippery surface creates a perfect storm for slips and falls. Our low threshold and seated shower options are the perfect solution to a safer shower experience. Request your low threshold shower installation today at (972) 695-3027!


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Odyssey Injustice? is a datapoint in Horizon Zero Dawn. It is the sixty-third item in Text Datapoints - World.
Editorial: What does Odyssey say about who we value?
March 8, 2041 - If you've been paying attention to all the public outrage in response to last week's announcement of the Odyssey project, you'd be forgiven for mistaking the proposed colony ship for a gold-plated space chariot that the world's trillionaires are conspiring to use to escape the climate catastrophe, leaving the rest of us to choke and drown and starve while the richies rocket off to Sirius. 1Earth spokesman Azar Safavi went so far as to say, "The ability to drive the planet nearly to extinction and then even consider leaving it behind is the sole provenance of the obscenely, criminally rich." Dander up, hackles raised? You bet. Only problem is - Azar's got it all wrong.
The Odyssey is not a cosmic escape pod for CEOs. It's a rare instance of long-term thinking in the midst of our collective disaster. Even if every aspect of the project goes swimmingly - which we all know will never happen - the ship won't even launch from orbit until 2080, by which time - let's face it - our species will either have found a way to reverse the climate, or will have perished.


Believe it or not, there are still a lot of apps, some of them great ones, getting redesigned for iOS 7. This week's roundup features some of the best.
Believe it or not, there are still a lot of apps—some of them great ones—that are just now getting around to being redesigned for iOS 7. This week's roundup features some of the best.
This free iPhone app helps users find "safe, healthy, green and socially responsible" products. Version 7.0 has been redesigned for iOS 7; it also features a refined search engine to show relevant products, related brands, and product categories. The improved bar code scanner allows users to scan and compare multiple products at once; the app also features filtering and sorting options to help users further personalize their results.
MyScript Calculator is pretty nifty: Write down your equation and the app calculates and displays the answer. The latest update also redesigns the app for iOS 7; users can choose whether answers appear automatically or after pushing the "calculate" button, as well as whether to receive the rounded numerical result of the equation instead of more precise answers featuring calculations to the decimal point.
This app, of course, won the Apple Design Award back in 2012. How could it be improved? Well, there's the inevitable update for iOS 7, with "cleaner, simpler" app controls: "Faster menus, simplified icons, lighter colors, journal covers that pop, custom typefaces, and overall improved readability." Simply put: It's now easier to make pretty pictures.
Some things for Apple TV owners to like about the latest update to Apple's Remote app for iPhone and iPad: The app now allows users to control iTunes Radio on the Apple TV. It also allows users to view their purchased movies and TV shows in the app, then play them on Apple TV. If that's not enough, there are even some stability improvements in the mix.
Do you hate glass? Love the future? Wish you were the prop comedian Gallagher? This game is probably for you.
Stories Etc helps users collect the memories of their lives by asking questions that can be answered via video, audio, or text. The results can be saved in the cloud, or used to create an e-book memoir. With this week's update, recorded stories can also be shared via Facebook.
Music lovers have a new iOS radio option: This app streams audio from YouTube music videos. It plays in the background, or over your stereo system using AirPlay. Users can create and edit playlists, and share favorite songs via Facebook or Twitter.
A standout among photo-driven news apps, The Wider Image has now reached Version 3.0. The update includes an "infinite" stream of stories on the home screen, a searchable archive, new themes, and the ability to stream the stories to Apple TV. The redesigned "My View" screen enables users to personalize the content by selecting favorite photographers and countries to follow.
Love your coffee? Have trouble sleeping? The two may be related. UP Coffee lets users record their caffeine intake and sleep habits to get the big picture: Seven days of recording can help the app let users know their "caffeine persona," with a sense of their best times to drink—and best times to abstain.
Fantastical has been updated with a variety of sharing and editing improvements … Verbs IM has been redesigned for iOS 7 … and Tweetbot has updated with new font and image options.


Create your tailor made tour for memorable and life-changing experience.
Tour code01: 14daysXining/Mt.Amnye Marchen-Kye Kundo/Derge/Yarchen-Gar/Garze/Danba/Chengdu Amdo-Kham Tibetan region explore tour .
Summary:The 14days Amdo-Kham Tibet regions in-depth culture explore tour will begin from Xining the capital city of Qinghai province, end off the tour in Chengdu the capital city of Sichuan province. The tour since its start cross the two part of Tibet tradition region Amdo and Kham area, these region sited far away of the China cities but most obviously maintain authentic Tibetan tradition lifestyle. And offer a amaze nature landscape as vast of grassland and the dense of forest ,lakes, Glacier, Snow mountains ,the fabulous of monasteries ,the architecture building of Tibetan houses, and a friendship Tibetan people, through visit These Tibetan two mainly region you will enjoy a passionate Tibet culture tour during this tour.
Highlight :Magnificent view the Tibetan four holy Mt,Amnye Machen.The source of Yellow river.The Yushul Horse race& Tibetan festive,the Derge Tibetan Buddhist printing house.the world's biggest Buddhist nunnery-Yarchen Gar.the Lhagong monastery.
By flight arrival at Xining airport ,meet local tour guide then escorted to the city hotel. upon arrival check in hotel. After moment if time possible to visit the Qinghai Museum or free activity for yourself.
Continually driving west about 220km of rolling grassland, you will make a left turn from highway G214 towards TawuSholma. You will see the snow peaks of Mt. Amnye Machen and other high and rocky mountains. Afterwards, drive to Maduo. which lies at 4350m. Take a short walk up to see prayer flags and Master Padmasambhawa's Statue on the hillside. Overnight in Maduo.
Drive through some of the remote areas of Tibetan Plateau. You can see yak hair and white nomadic tents and their yaks and sheep scattering on the leisurely grassland. Continue on to Jyekundo, a large town populated almost entirely by Tibetans. There are many famous sites around Jyekundo, including a picturesque local monastery and an enormous pile of carved stones featuring Tibetan prayers. Overnight in Jekundo or Yushu.
Drive to the horse racing ground to watch the horse races. Even though horse race is one of the biggest activity in this event, but there are also many other cultural activities you can see and experience, such as traditional group dancing, yak riding, singing competition, traditional dress show. etc. Afternoon, we drive back to Yushu town.
Spend in the morning in Yushu. After lunch, drive 120km towards east to Sershul Monastery. Serhul Monastery is a Gelukpa monastery lies on the beautiful hillside with bending river a front. This is the biggest monastery in Sershul area which hosts more than 500 monks at the present. There were 1500monks in it's peak in 19th century. This place also offer great hiking opportunity on the mountain behind the monastery.
Drive from Sershul town which is a small trading town for the local nomads through some beautiful open valleys with covered by yaks, you will reach the famous Dzochen retreat center. Dzochen Monastery is recognized as the major pilgrimage site of Tibetan Buddhist in the eastern Tibet and as one of the largest Monasteries of Nyingmapa school in Kham region. The monastery is founded by Fist Dzochen Pema Rigzen in late 16th century on the advice of the Fifth Dalai Lama. Later expended by his students, including Drichen Rabjam, Tenpei Gigme and by his successive incarnations. Dzochen tradition is one of the most popular practice in the west. The monastery has a picturesque landscape with Golden roof temples in front with forest and snow caped mountains as a background. Then drive about 50km to the north to Manigangol, Manigange or Manigangol is small truck stop town where we spend the night.
Visit the beautiful lake – Yihun Lhatso, a place that locals consider holy. You can see many Mani Stones (Sutra prayers carved on the stone) with different colors on the shore. This crystal clear lake is fed by glaciers and surrounded by snow capped mountains. After spend few hours at the lake, continue on drive towards the famous Chola / Trola Mountain 6168m. There is newly built tunnel operated in 2017, so we won't be able to climb up to the mountain pass, but you can still see the majestic view of the Chola Mountain. Once you arrive the other side of Chola mountain, we will driving through a deep and green forests valley to Derge. There are Stupas and stone carved Buddha's statues in the both sides of the river. Derge or Dege is considered as the traditional capital of Kham Tibet. Therefore, it has a rich culture and history to be explored in the region. Today, we will spend the night in Derge.
Visit the Dege Parkhang Printing House, one of the most important Buddhist scripture printing houses. Discover manual printing, which is done with carved wood blocks. The king Tenpa Tsering brought Dege to the peak of it's power by conquering the outlying northern districts of Dzachuka.Under his instructions and assistant from local tribes, Dege Parkhang/ Dege Printing House was founded in 1729. There are total of 217.000 wooden printing blocks housed in the this printing house and the works of this print house has been used all cross Tibet Plateau. Afterwards, visit Dege Gomchen Monastery which was founded in 1448, the monastery originally built as a Sakyapa Monastery, therefore, it has kept strong ties with Sakyapa and the center of Ngor Gompa. You can distinguish the Sakyapa lineage by checking the purple color with white stripes.
Driving along the Yangtse River you will reach the border of Sichuan and Tibet Autonomous Region. Take shift to left continue drive through some deep valley and forests, Baiyu (Pelyul) town will be appeared on the leftside of the river. The Pelyul Monastery was founded in 1665 in the Kham province of eastern Tibet (present-day Baiyu, Sichuan, China) by Kunzang Sherab, the First Palyul Throne Holder. Before reach to Pelyul, we will make a excursion to Katok Monastery, a great Nyima sect Monastery. We will spend the night in Pelyul.
In the morning visit Pelyul monastery. was built by Lhachen Jampa Phuntsog, the first Dharma King of Dege. It was constructed on a site which possesses all the essential auspicious signs and had been blessed by the presence of many great mahasiddhas. Afterwards drive to Garze via Yachen Gar. Yachen was founded by Akhyuk Rinpoche in the summer of 1980. It is located in an isolated valley 4,000m above sea level, During the 1990s, the population of monks and nuns grew to over 7,000. Recently there more than 10,000 Sangha members now, it is one of the largest gatherings of nuns and monks in the world. Stay overnight in Garze.
Drive about 280km southeast from Ganze is the Tagong Nomadic region. Travel via some of the highest mountains passes with stunning view on the way. After come to a wild big grassland, you will see a temple surrounded by many stupa .We will stop here, you can ride a horse to the hillside where you can see a panoramic view of this monastery with Mt. Yarla as background in distance. You can make a circuit the chortens and temples with local pilgrims. Stay overnight in Lhagong. Over night at Lhagong.
Drive to Chengdu via Zanlha town and see the great view of Mt Gulha on the way. Reach at Chengdu,over night at Chengdu, .
After breakfast .check out from hotel ,drop off airport flight to next destination.


text:
The world needs thoughtful leadership
posted by John Glen
in Procurement, Risk, Supply chain
The impact of Brexit won't just affect trade between the UK and the EU – it will ripple out to affect our trading partners across the globe, says CIPS economist John Glen
Much of our focus over the last three years has been on bi-lateral trade flows between the UK and the EU and the impact that Brexit will have on that activity. What our analysis has tended to ignore is the impact of Brexit on countries outside the EU. The UK is the first port of call in the EU for a significant number of goods which are then distributed throughout the rest of the EU.
The good news is that goods which transit in the UK on their way into Europe would not be subject to any additional tariffs, assuming that they were not subject to any additional value adding while in the UK. We will remain a member of a common transit convention, which means that any goods not fabricated in the UK will move into the EU in exactly the same way as they have done before.
A key issue, though, for US goods will be transit times into the EU. In the first instance, particularly if there is a 'no deal' Brexit, those goods will be delayed at the port. The danger is that non-EU trading partners will engage in 'trade diversion' which would involve their goods being landed directly into the EU, with the subsequent loss to the UK economy.
The next big issue is the impact of Brexit on the value of sterling. At the time of going to press sterling is trading just above €1.10 and $1.25. The value is hyper sensitive to 'bad news' regarding Brexit – interpreted as anything that increases the probability of a no deal. As we approach 31 October, if the probability of a no deal is increased, sterling will move to these lower levels; should a no deal occur, the value could move to parity with the Euro and $1.15-$1.20. For exporters into the EU this is likely to make their exports less competitive.
As far as trading relationships with non-EU countries post-Brexit, this is something that the UK will be very keen to expand. This is great news for non-EU countries, as the desire for the UK to 'cut deals' will strengthen their negotiating power. At the moment the UK has only negotiated 26 continuity deals with non-EU trading partners, which means that those who have not agreed terms post-Brexit would have to trade under World Trade Organization rates, which would have a negative impact. Research from the United Nations Conference on Trade and Development suggests the major winners would be China – as its goods will replace EU exports to the UK and UK exports to the EU – followed by the US and Japan.
Foreign Direct Investment (FDI) into the UK would be 'in search of a rationale'. That is, much of the foreign investment in the UK in the last 40 years has been driven by the promise of access to EU consumers. The fear that access to the EU will be impeded has the potential to slow that investment down. At the moment the rationale is that assets are cheap due to the depreciation on sterling; this has maintained investment flows post the 2016 Brexit vote. It is difficult to assess what the long-term impact of Brexit on FDI will be.
Finally, while Brexit is consuming headspace in Europe, the trade war between China and the US has the potential to have a bigger impact on the global economy. Producers are now feeling the real cost of protectionism and the good news is they don't like it. Hopefully a 'short, sharp shock' of protectionism will bring sense to both sides of the table and we can return to a global trading environment where the balance of protectionist policies returns to its long-run downward trajectory.
The world desperately needs thoughtful leadership at this time. Leaders need to set us on a course for prosperity based on global free trade where 'a rising tide lifts all boats'. Unfortunately, a number of our senior global leaders seem to be obsessed with the next sound bite, poll or Vox pop.
CIPS economist Dr John Glen will be providing his latest economic overview at the CIPS UK Conference on (Brexit deadline day) 31 October 2019. Click here to book
BrexitChinaCIPS Annual ConferenceEconomicsEUEU referendumUSA
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text:
Please Help Jim Lambert Fight Cancer
By News Staff on January 19, 2021 in General Misc. Stories, News Releases
Jim Lambert is a beloved local Eastern Sierra resident fighting cancer."
We often talk about how, here in the Eastern Sierra, we look out for and take care of our friends and neighbors. We don't have to personally know them to want to help. This is just one such case that should have our attention. Jim Lambert, a friend of many, a neighbor, and a local musician and his family, could use a little help with fighting the "Big C."
Let's support this local treasure. (Excerpts From the GoFundMe Page) Please Help Jim Lambert Fight Cancer:
In June 2019, beloved Eastern Sierra local, Jim Lambert got the news we all dread to hear… a biopsy in his neck showed a serious malignancy. Jim's life was thrown into a tailspin as he immediately underwent an extensive 13-hour surgery involving tumor removal, facial nerve dissection, artery reconstruction, and a platinum eye weight.
Jim suffered from acinic cell carcinoma, a rare form of salivary gland cancer. As his friends will say, "Not only is Jim a musical wizard, but he is also a master at fixing things, with a knack for problem-solving". So, it was natural that he would face this serious cancer diagnosis with his typical and resourceful Mr. Fix-it attitude. In the beginning, he had absolute confidence that he could "fix" this and fix it fast.
In spite of Jim's diligence with protocol, and strictly adhering to recommended treatments, the cancer has advanced and has now metastasized to his lymph and bones. His treatment requires significant travel, financial drain, and much needed down time for recovery. He has been unable to work for months.
His wife, Lina, is his biggest cheerleader and advocate. She juggles her time between caregiving for Jim and working part-time in the field of real estate…There are extensive out-of-pocket medical costs, medications, supplements, and out-of-town lodging for long-distance appointments. While Jim has good health Insurance, there are expensive co-pays and constant denials of coverage. The adjunct treatment options that have undeniably helped Jim are simply not covered.
"It is time for a 'Jimiracle,'" and a miracle might be what it takes to see and hear Jim Lambert on the stage again with the Good Livin' Band."
Jim has been quietly and diligently dealing with his diagnosis for over 18 months. In the face of all of this heartbreaking hardship, and with the untimely COVID pandemic, Jim and Lina have been motivated to keep their home an uplifting place of healing, laughter, and love. They've been really good at keeping their friends and family updated and included throughout the twists and turns of Jim's journey. They have been determined to keep up with the aggressive protocol of traditional and holistic treatments on their own, and truly are the last people to ask for financial assistance. However, it has become obvious to us that they are reaching a breaking point financially, emotionally, and physically. Friends…Jim and Lina Lambert could really use our help.
Lambert's friends have set up a GoFundMe account so Jim can keep utilizing every means available to get the cancer under control and into a maintenance phase. Their personal resources have been exhausted and financial options drained. Jim has so much more life to live, songs to sing, and goodness to share. Funds will help Jim to keep seeking the right combination of treatment for a victory over this disease. His wife, Lina, says "it is time for a Jimiracle", and a miracle might be what it takes to see and hear Jim Lambert on the stage again.
Jim is a musical Rockstar. With his favorite guitar and his booming voice, he has entertained and delighted many with his impersonations of Neil Diamond, Van Morrison, Garth Brooks, Tom Petty, Neil Young and other superstars. Jim's musical hero is John Lennon, and he has often given many of us goosebumps with his version of "Imagine". It is our time to reach out to Jim and let him imagine what it is like to be supported, appreciated, loved, and helped in his time of trouble.
Visit the Please Help Jim Lambert Fight Cancer for more about this astounding local treasure and donate to help out the family with the fight alongside him.
Good Livin' Band, Jim Lambert, Jim Lambert GoFundMe
27 Martin Luther King, Jr.'s quotes that are still true and resonate in today's world.
Laws Railroad Museum & Historical Site Getting a New BIG SIGN!
Charles O. Jones
This is a wealthy country. No one should have to resort to GoFundMe for medical care. This is unacceptable, though not unusual at all. Medical expenses are a major cause of family bankruptcies. We are the only developed country where this happens. I'm very sorry to hear about Jim's illness… Read more »
Paul Fretheim
Jim is facing a terrible struggle. It is shameful that financial challenges and a painful level of challenge to an already difficult time. We need Medicare for All and provide health care to all Americans equally regardless of ability to pay. Illness resulting in bankruptcy is a shameful blot on… Read more »
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