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Lacey Solicitors – Belfast, Dublin & Derry/Londonderry
High Court Average Personal Injury Awards Drop by 29% in 2018
According to Court Service a total of 22,049 personal injury suits were filed in Ireland last year, at all Court levels. This was a minor decline on the 22,417 filed the preceding year. Nevertheless, there was an insignificant rise in the sums granted in lower Courts across the state. The quantity awarded in personal injuries cases rose from €3.5 million in 2017 to €4.5 million in 2018 in the District Court, and from €20 million to €23.6 million in the Circuit Court. The Circuit Court can make awards of up to €60,000, while the District Court make awards of up to €15,000. The amount granted in the Circuit Court increased from €19.8m to €23.5m between 2017 and 2018, with the average sum awarded rising by 2.8% from €18,488 to €19,014. The overall sum granted in the District Court soared from €3.49m in 2017 to €4.5m last year, with the average sum awarded rising by 4.5% from €7,643 to €7,987. The statistics confirm the assessment of previous High Court President Mr Justice Nicholas Kearns, who stated earlier this year that: "while the Court of Appeal had recalibrated awards at the higher end, this descending reach effectively immobile in the High Court and was not been seen in courts below it." Mr Justice Kearns directed the Personal Injuries Commission, which proposed the setting up of a Judicial Council to recalibrate the range of awards for less serious injuries. Legislation permitting for the Judicial Council was approved by the Dáil in early July 2019. In addition, Chief Justice Frank Clarke expressed a "little caution" must be applied with the decreases in awards.... read more
Insurer's right to carry out surveillance on Plaintiff justified in the European Court of Human Rights.
Mehmedovic v Switzerland involved the observation of Mr Mehmedovic and, his wife, in public areas by investigators in order to ascertain whether his claim for compensation, was justified following a Road Traffic Accident in 2001. Mr Mehmedovic sustained bodily injuries in which he was a car passenger. He complained that he suffered from epilepsy attacks and pain in his left arm. He pleaded that as a result of the accident he was unable to preform daily tasks of every day life. When placed under surveillance it was evident Mr Mehmedovic was than capable of preforming daily tasks. His wife appeared in six photographs, but was not easily identifiable. Mr and Ms Mehmedovic complained about the fact that they had been placed under surveillance, relying on Article 8 (right to respect for private and family life) of the Convention. The Court observed that the relationship between an insured person and the insurer fell within the domain of private law. It was evident that domestic courts had carried out a detailed analysis of the competing interests of the two parties and had held, in particular, that the insurer had a duty to verify whether the victim's claim for reparation was justified, as it was also acting in the interests of all the insured collectively. The ECHR held there was no appearance of a violation of Article 8 of the Convention and held that the application was manifestly ill-founded. In this matter the court held, similar to the previous case of Verliere v Switzerland, that the insurer had an overriding interest that meant that the interference with the applicant's personality rights was lawful and justified.... read more
Jenna Curran of Lacey Solicitors attends Law Society House for Seminar hosted by TRADATA
Jenna Curran of our office recently attended the TRADATA (Training of lawyers on the European Union's Data Protection Reform) Seminar at Law Society House, Belfast and was granted a Certificate in recognition of her participation. The event was operated with the European Lawyers Foundation as coordinator and eight other European partners. Topics covered included the impact of GDPR nine months after its inception, the potential impact of Brexit and GDPR Employment Practices. The seminar also featured a section on Cyber Security awareness in a world where the amount of information we deal with is increasing exponentially. Practical tips on regularly changing passwords, not using the same passwords for multiple accounts and considering the use of strong passwords was a simple but effective reminder of how we can try to meet our responsibility to protect not only our own data, but that of others. Cyber Crime is on the increase and the perpetrators of this type of crime have at their fingertips very sophisticated software packages which can allow them to infiltrate various devices and make use of that data for their own gain. Often, their gain comes at the expense of the person from whom the data has been taken. We are all too familiar with the cases of hackers intercepting emails containing bank account details and changing these details. This can, of course, have huge ramifications for the person who ultimately ends up transferring money to a non-intended beneficiary. The training served as a sobering reminder that information and personal data are very valuable and it is imperative that we treat that data with the level of respect... read more
Release of the Fifth Edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland
The new edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland (the Green Book) has been released and is effective as of today. This is the 5th edition of the Green Book compiled by a Committee of the Judicial Studies Board under the chairmanship of Lord Justice Stephens. The previous edition was released six years ago in 2013 and coincided with major overhauls to the court system most particularly the increase in the County Court Jurisdiction to £30,000.00. In previous Editions the figures were adjusted up to the date of publication using RPI on the basis that during the 5 years of Guidelines for the Assessment of General Damages in Personal Injury Cases in Northern Ireland the Guidelines the figures could and would be further adjusted in individual cases. The Committee concluded that this did not occur so in the fifth Edition they factored forward for inflation, again applying RPI at its present rate, to the midline of the next 5 years on the basis that the guideline figures would be applicable for the entire 5 year period. The 5th edition has taken steps to amend (with the exception of extremely minor whiplash injuries) most figures upward by a value of roughly 20% from the 4th edition. The 5th edition has for the first time accounted and made specific reference to Pleural Plaques. This of course will be in response to the Law passed by the NI Assembly which allowed compensation for the condition. Pleural Plaques. On their own, asymptomatic pleural plaques would justify an award in the region of £3,500.... read more
Lacey Solicitors succeed in persuading Court that Plaintiff was not entitled to damages for alleged injuries.
District Judge Duncan dismissed the Plaintiff's Personal Injury Action at Derry Courthouse at hearing on the 11th February. The fifty one year old Plaintiff had claimed to have suffered a lower back injury sustained in a minor Road Traffic Collision on the 27th February 2015. The Judge heard from the Plaintiff that she was a rear seated passenger in the Defendant's taxi car which had been reversed into a bollard. The Plaintiff described a big bang and how she had felt a big thud on her back. The Defendant admitted that there had been a collision between his car and the bollard, but that the impact was of a scraping or glancing nature. The Defendant's Solicitors had the Plaintiff examined by Professor Mollan. The Court was told that Dr Mollan had concluded that he would not have expected any injury to have been sustained. Mr Simpson, Consultant Orthopaedic Surgeon had reported on behalf of the Plaintiff. The Court was told that Mr Simpson would not accept Mr Mollan's conclusion that the Plaintiff sustained no injury. Michael McLaughlin, Consulting Engineer gave evidence on behalf of the Defendant on the basis of the examination of the bollard and the Defendants vehicle. He found no damage on the bollard which he could match to the vehicle. He accepted that the bollard was tilting slightly. His evidence was that there was no evidence of a collision of force between the bollard and the car. He accepted that his inspection was some time after the accident. The Judge Dismissed the Plaintiff's case. He did not accept that on balance the Plaintiff had discharged her... read more
High Court Awards Garda €5,000 for Hand Injury Sustained in the Course of Duty.
This case concerned a claim by the applicant, Garda Kampff, for compensation in respect of a soft tissue injury to his hand. Counsel for the applicant relied on the Book of Quantum to urge the Court to an award of circa €21,700. Despite the Book of Quantum expressly providing that minor injuries to a hand have led to awards of up to €21,700, the High Court ruled that the award of anything even close to this magnitude could not be justified for what was, in essence "bruising to the hand" and awarded the applicant €5,000. This amount is a fraction of the maximum damages of €15,000 that can be awarded in the District Court. Yet this matter had to be heard in the High Court under the Garda Compensation Act as currently drafted. Since this case is a common example of the type of case that is heard in the High Court under the Garda Compensation Acts on a weekly basis, it highlights, in this Court's view, the need for a reform of this area. It is clear from the judgment of Barton J. in Murphy v. Minister for Public Expenditure and Reform [2015] IEHC 868 that in dealing with compensation claims under the Garda Compensation Acts that the High Court is not obliged to have regard to the Book of Quantum: "For the sake of completeness, it is considered appropriate to refer to the provisions of s. 22 of the Civil Liability in Courts Act 2004 (the Act of 2004) which imposes on the Court a requirement, when assessing damages in a personal injuries action, to have regard... read more
Second and Final Personal Injuries Commission Report Published.
July 2018 saw the publication of the second and final report of the Personal Injuries Commission. The Personal Injuries Commission was established in January 2017 to undertake extensive research into the cost of insurance and personal injury claims in Ireland. The report highlighted that the level of general damages for soft tissue (whiplash) injuries in the Republic of Ireland runs at around 4.4 times that of Northern Ireland, England and Wales. It confirmed that such high levels of awards resulted in severe difficulties for business representatives, small firms and other individuals seeking insurance in the form of high premiums and devoting resources to defend the high volumes of claims based. The Personal Injuries Commission recognised the negative impact of high insurance premiums on consumers, with individual consumers facing huge difficulties as they struggle to afford their annual premium. Whilst it was beyond the scope of the report of the commission to analyse in detail why Irish payments and awards were higher than those in the UK. The report did acknowledge that historically it has always been the case and what the report did do was evidence, for the first time, the scale of this difference. The report stated; "a primary aim of government policy is to ensure that Ireland is and remains a good environment which businesses can establish and operate. Such considerations underpinned the establishment of the Commercial Court in 2004, the success of which is widely acknowledged. It is important for businesses to believe that they can operate in a market which is untrammelled by distortions or anomalies which are in inimical to their interest and survival. ... read more
Darragh, Kevin and Ivan Hunter, Aaron Keely and ors v Feeney, Gareth and Ryan's Investments (N.I.) Ltd, trading as Hertz Rent a Car.
The article illustrates the difficulties arising from pursuing an order under Section 26 of Civil Liability and Courts Act 2004. Outlined below is a recent High Court highlighting the difficulty insurers have on pursuing a case dismissal under Section 26. Section 26 states that "if a plaintiff claiming injury does not tell the truth on affidavit or does not tell the truth in Court, then the Court has discretion to either dismiss the claim in its entirety or penalise the plaintiff in respect of any damages made. Even on the occasion where a plaintiff has done so unwittingly or even innocently. Where a Court is satisfied that the requirements of Section 26 have been met, then the provisions of Section 26 are binding. Buncrana Circuit Court awarded seven plaintiff's damages between €5,050 and €9,550 as a result of a collision on 28 June 2011 involving two cars on a roundabout in Lifford, County Donegal. The plaintiff's each claimed for soft tissue injury. Firstly, against the driver of the vehicle responsible for the accident and secondly, against Ryan's Investments NI Ltd trading as Hertz Rent-A-Car whom the negligent driver's car was hired. Ryan's investments insurers appealed the award made by the Circuit Court branding the accident as a "fraud." They claimed those involved knew each other via membership of Republican commemoration groups and that the accident had been fabricated with the sole purpose of extracting the maximum compensation from the driver's insurance company. Mr. Justice Charles Meenan, who delivered the High Court judgement in July rejected this claim. He maintained the most that was admitted... read more
Platt v OBH Luxury Accommodation Limited & Anor [2017] IECA 221
The recent Court of Appeal judgment of Platt v OBH Luxury Accommodation Limited & Anor [2017 IECA 221] concerned an exaggerated claim and the Plaintiff was found to have lied. Case Overview: Mr Jason Platt, (known as the plaintiff) had travelled to Kinsale for a Valentine's weekend break and he and his partner were staying at the Old Bank House, Pearse St, Kinsale where he claims the accident took place on February 15, 2009. The plaintiff alleged he fell from a windowsill in a room in the defendant's hotel. As a result, his ribs, spine and hip were severely damaged. Mr Platt had sued OBH Luxury Accommodation Ltd with offices at Pearse St, Kinsale and company director Ciaran Fitzgerald. Nevertheless, the hotel owners contended that Mr Platt threw himself from the window of his guestroom following a heated argument with fiancée. Mr Platt sought compensation for his injuries and was presented through his testimonies as a poor man suffering chronic pain and discomfort. The plaintiff had also submitted under oath, an affidavit verifying a schedule of special damages and future loss claiming almost £1.5 million. It became apparent that he was found to have intentionally deceived the court and overstated the level of his agony and the degree of his incapacitation. High Court: Regardless of finding the Defendants 60% responsible, Barton J. discharged the Plaintiff's claim after video evidence submerged of him going shopping, driving, carrying bags, and walking unassisted. (a clear disparity to the testimony from the Plaintiff who emphasized how extremely incapacitated he was as the Plaintiff had previously specified that he was now duty bound to... read more
Judge finds in favour of defendant in road traffic collision case due to plaintiff's own negligence.
Mr. Justice Barr delivered his judgement on the 31st day of May 2017 in the matter of Duffy v Lyons. The action involving a road traffic accident which took place on 8th September 2014 at the junction of Crumlin Road and Rafters Road, Dublin 12. This High Court case centred around liability and contributory negligence. The plaintiff stated that he was in the process of making a right-hand turn on his bicycle, he was collided into by the defendant's car, which was proceeding along Crumlin Road coming in the opposite direction. The plaintiff's case was, had the defendant been driving with reasonable care, he ought to have seen the plaintiff's bicycle on the junction and should have avoided the collision. The defendant (Mr Lyons) case was that the plaintiff emerged suddenly onto his side of the road, from between a line of traffic that was backed up on the opposite side of the road and that he had no chance to avoid the collision. Mr Justice Barr favoured the evidence given by the defendant because the plaintiff had contributed to his own misfortune. The judge explained, the accident was predominantly caused by the negligence on the part of the plaintiff in failing to yield right of way to the defendant's vehicle and in failing to keep a proper lookout to his left before crossing onto the far carriageway on Crumlin Road. The judge found that Mr Duffy was clearly negligent in relation to his own safety in failing to wear a helmet. While the failure to wear a helmet had no causative effect in relation to causation of the... read more
Insurance (Amendment) Bill 2017
The Irish government has agreed upon the outline of the insurance amendment bill 2017. Minister for Finance, Mr Paschal Donohoe outlined yesterday "The failure of Setanta and the ambiguity that followed over the compensation arrangements for claimants emphasised weaknesses with the current insurance compensation framework." The new legislation will implement the recommendations of the report written by the Framework for Motor Insurance Compensation, therefore greater certainty for both consumers and industry will be provided, concerning the insurance compensation framework in Ireland. As well as seeking clarity on the insurance compensation framework in Ireland, the Bills key objective, when enacted, will be to increase the level of cover to clients of insolvent insurance companies to 100 per cent instead of the existing level, currently at 65 per cent. This will bring it into line with the compensation levels paid out by the Motor Insurer's Bureau of Ireland (MIBI). In addition, this increase will be backed by the insurance industry with safety measures implemented to protect the industry in the unfortunate event a motor insurer finds itself in liquidation. A legal basis will also be delivered for motor insurers functioning in the Irish market to contribute an amount equal to 2% of gross written motor premiums to an ex-ante fund which will be held by MIBI enabling the industry to meet its 35% commitment. The Central Bank of Ireland and the State Claims Agency will now have an official role regarding administering the funds if any insurance company finds itself in financial difficulty. A time limit for making applications to the High Court for payments from the ICF will also be... read more
Northern Ireland High Court Judge Contemplates Alternative Investment Of Minor Settlement Monies
Mr Justice Stephens recently pondered alternatives to the customary investment of Minor damages in a Minor personal injury case brought by this firm, Lacey Solicitors. It is understood that this is the first time the Court has considered an alternative to the conventional mechanism in place whereby compensation is paid to the Accountant General and managed by the Court Funds Office. Mr Justice Stephens was minded, if possible, to invest the sum approved into a Child Specific ISA or some other similar type product that would provide maximum security and interest for the Minor's damages until reaching the age of majority. The Minor's legal representatives were asked to assist the Court in assessing whether such a step would be permissible under the current Statutory arrangements and Court powers. Having considered the relevant legislation and the Court of Appeal decision and Judgement of McCloskey J, the Judge at first instance in the case of The Northern Ireland Courts and Tribunals Service –v- The Official Solicitor to the Court of Judicature in Northern Ireland, it would appear that the Court has the power to direct that the monies are invested as they see fit. In this particular case, on balance, taking in to account the circumstances of this particular Minor Plaintiff, it was found that there would be no benefit in diverging from the Court Funds investment route. As this would appear to be the first time the Court considered alternative routes, some guidance for practitioners will be set out in a publication which will be available on the NI Courts Service website in due course. Jenna... read more
Court of Appeal raises award were plaintiff suffered horrific injury
. After four recent Court of Appeal decisions on the assessment of damages in personal injuries cases where the court on each occasion lowered awards of damages, one might be tempted to think that the court had indeed recalibrated damages in personal injury cases in Ireland. In Shannon and Shannon v O'Sullivan, the court was asked to accept that it had. In the judgment delivered by Ms Justice Irvine the court did not accept that it had that saying that the decisions had clarified "the principles to be applied and the proper approach to be taken by a trial judge when making an award for damages for personal injuries so as to ensure that the award made is just, equitable and proportionate". If proof was at all needed that there had not been a wholesale recalibration, the case of Murphy -v- County Galway Motor Club Limited & Ors, illustrates that the court is not afraid to raise an award of damages where it deems it appropriate. Damages Lowered The Court of Appeal in Nolan v Wirenski reduced a general damages award of €120,000 made by Mr Justice Barr for the plaintiff's shoulder injury. The award by the trial judge was for €90,000 damages for pain and suffering to the date of trial and €30,000 for pain and suffering in future. The Court of Appeal consisting of Judges Ryan, Irvine and Peart reduced the award for general damages to €65,000 consisting of €50,000 for pain and suffering to date of trial and €15,000 for pain and suffering in the future. Ms Justice Irvine... read more
The Court of Appeal denies that its' recent decisions have recalibrated damages in Personal Injury Actions.
Awards of appeal costs have been made against plaintiff's whose damages awarded by the High Court were reduced by the Court of Appeal. Appeal In Anthony and Rita Shannon v Debbie O'Sullivan the Court of Appeal significantly reduced High Court damages awards. The Appeal Court accepted that the Plaintiff's were entitled to the costs of the High Court proceedings. Costs There was contention regarding the costs of Appeal. During the Appeal the defendant had made Calderbank offers which were not accepted and which were remarkably close to the awards given by the Court of Appeal, each being just above the amount awarded. Defendant case The Defendant contended that as per Ord. 99 r. 1(4) of the Rules of the Superior Courts, costs should follow the event. That being so, it was contended that the defendant's costs of both appeals should be set off against the orders for costs made in favour of the plaintiffs in the High Court. In addition, Mr. Fox S.C., on the defendant's behalf relied upon the two letters of offer in support of his application. These, he submitted, may be taken into account by the court under the provisions of Ord. 99 r. 1A (b) when considering the costs of the appeal. Plaintiff's case Mr Treacy S.C., for the Plaintiff's asked the court to note that the Calderbank offers represented 55% of the award made to Rita Shannon and 40% of that made to Anthony Shannon and that the Calderbank offers were less than the amounts which the defendant was required to pay to the plaintiffs as a condition of the stay granted by the trial judge, i.e. €80,000 in the... read more
Security for costs in Ireland
The issue of when a security of costs application should be granted was considered by Mr Justice Barrett in the recent case of Euro Safety and Training Services Limited v FAS [2016] IEHC 161. Section 390 of the Companies Act 1963 provides:- "Where a limited company is plaintiff in any action or other legal proceeding, any judge having jurisdiction in the matter, may, if it appears by credible testimony that there is reason to believe that the company will be unable to pay the costs of the defendant if successful in his defence, require sufficient security to be given for those costs and may stay all proceedings until the security is given." Section 390 was repealed on 1st June, 2015, through a combination of s.4 and Sch.2, Pt.1 of the Act of 2014, and reg. 3 of the Companies Act 2014 (Commencement) Order 2015. Section 52 of the Act of 2014, the replacement provision for s.390, now provides as follows:"Where a company is plaintiff in any action or other legal proceeding, any judge having jurisdiction in the matter, may, if it appears by credible testimony that there is reason to believe that the company will be unable to pay the costs of the defendant if successful in his or her defence, require security to be given for those costs and may stay all proceedings until the security is given." Below is an excellent summary of the applicable law given by Mr Justice Barrett. He references the Connaughton and Oltech cases as the leading cases in the jurisdiction which "when read together, provide a quite comprehensive account of the current... read more
Can a vehicle owner delivering asphalt to roadworks be exempt from prosecution for exceeding hours driven?
A consultative case stated by Judge Patrick Durcan of Ennis District Court sought clarification from the High Court on whether exemptions that applied to vehicles involved in road maintenance and control applied in the instant case where the owner of the vehicle was prosecuted for allowing a driver of a haulage vehicle to exceed permitted hours of driving without a break. Offences The accused was charged with two offences as follows:- (a) That you did on the 29th day of August, 2012 being the operator and owner of a motor vehicle registration number 07TN1545 and the employer of Alan Hayes, the driver of the said vehicle did cause or purport to authorise the said driver to contravene the provisions of Article 6(1) of Council Regulation (EC) No. 561/06 of the 15th of May, 2006 in that the day driving period was exceeded. Contrary to regulation 41(2)(b) of the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 made under section 3 of the European Communities Act, 1972 as amended. (b) That you did on the 29th day of August, 2012 being the operator and owner of a motor vehicle registration number 07TN1545 and the employer of Alan Hayes, the driver of the said vehicle did cause or purport to authorise the said driver to fail to take an uninterrupted break of at least forty-five minutes after four and half hours driving in contravention of Article 7 of Council Regulation (EC) No. 561/06 of the 15th of May, 2006. Contrary to regulation 41(2)(b) of the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008... read more
High Court Personal Injury cases in Cork, Limerick and Sligo can be heard in Dublin
General Notices: 23rd March 2016 P.I. Direction Practitioners note the recent direction of the President of the High Court that allows personal injury assessment cases that would normally be heard in Cork, Limerick and Sligo to be transferred to Dublin, if both parties consent. See wording below. Direction 1. I, Peter Kelly, President of the High Court pursuant to the provisions of Order 36, rule 2(c) of the Rules of the Superior Courts (Trial) 2012 (S.I. No. 355 of 2012), hereby direct that the trials of personal injuries cases consisting only of assessments of damages which would, but for this direction, take place at Cork, Limerick and Sligo, shall take place at Dublin, provided that all parties to such cases consent. 2. This direction applies to assessments of damages which have already been set down for trial and those which have yet to be set down. 3. Those cases which have yet to be set down shall continue to be set down for a venue in accordance with Order 36, rule 2(b) of the Rules of the Superior Courts. 4. Applications to transfer appropriate cases to Dublin and for the allocation of a hearing date may be made each Monday in term in the Master's Court before the Deputy Master at 10.30 a.m. Dated the 23rd day of March, 2016 Peter Kelly, President of the High Court... read more
Plaintiff who knew that defendant was uninsured fails to recover from MIBI
In Doyle v Lyons and MIBI [2011/2522P] the plaintiff who was injured whilst a passenger in an uninsured car failed to convince the High Court that he did not know that the vehicle was uninsured. The MIBI called evidence from a Garda officer that the first defendant who drove the uninsured vehicle had recently been disqualified from driving for 25 years. The officer gave evidence, that at the sentencing hearing the Plaintiff (Doyle) was present and in fact had jeered as the judge passed sentence. The High Court accepted the evidence of the Garda Officer and held the Plaintiff had in fact known that the first Defendant was uninsured. Defence Argument The defence of the second defendant put the plaintiff on full proof of all matters, denying negligence and alleged contributory negligence on the part of the plaintiff. In particular, it claimed that it was not liable for the injuries suffered by the plaintiff on the following ground:- "Strictly without prejudice to the foregoing, the second defendant relies upon clause 5.2 of the agreement dated the 31st March, 2004 between the second named defendant and the Minister for Transport and pleads that it bears no liability to the plaintiff in circumstances where, at the time of the accident, he knew or ought to have known that there was in force an approved policy of insurance in respect of the use of the vehicle in which he was travelling then being driven by the first defendant." It was accepted by the MIBI that following the decision of the Court of Justice in Commission of the European Communities... read more
Damages reduced in the Court of Appeal
In the matter of Rita Shannon, Plaintiff/Respondent and Debbie O'Sullivan, Defendant/Applicant [2015 No. 166] The number of personal injury awards by the High Court being substantially reduced by the Court of Appeal is gathering pace. Judgment in the above case comes after several other cases where awards were reduced on appeal. Most recently in Nolan v Wirenski, the Court of Appeal reduced a total award of €125,650 in a personal injuries action to €65,000. See here. In her judgement delivered on March 18 2016, Ms Justice Mary Irvine of the Court of Appeal halved damages awarded to Rita Shannon and Anthony Shannon by Justice Donnelly on the of 25th March 2015 at the High Court, Kilkenny. Justice Donnelly assessment of general damages in respect of Mrs Shannon had been one of €130,000. Justice Donnelly assessed general damages in respect of Mr Shannon at €90,000 in total. However Ms Justice Mary Irvine on Appeal expressed how she was "in the unenviable position of having to take issue with the conclusions of the learned High Court judge". The Defendant maintained that each of the awards were excessive to the point that they should be set aside. The Plaintiff's injuries were sustained in a road traffic accident on 7th November 2012. A robust challenge to the validity and extent of the injuries sustained by both Plaintiffs was maintained by the Defence. Inter alia submissions were made that the Plaintiffs were examined several weeks post-accident, not by their long established G.P. but rather by a retired G.P. The Plaintiffs had not missed any time from work. Furthermore it was submitted that the Plaintiffs... read more
Employer does not owe an employee an unlimited duty to prevent injury.
The duty an employer owes to an employee in order to protect that employee from injury does not amount to an unlimited one. The Irish Court of Appeal discussed this issue in the recent case of Martin v Dunnes Stores. In the case a checkout operator who had left her till to replace a 10kg bag of potatoes, injured her bicep lifting the bag. In the High Court Mr Justice O'Neill found that the defendant employer was liable and the plaintiff was awarded damages. The defendant company appealed. The defendant contended that the plaintiff chose not to seek assistance from her colleagues and that she had received sufficient training that she chose to ignore. The Judge in the High Court accepted that the plaintiff had been well trained in the theory of manual handling and lifting and that the courses provided for her by the defendant were "adequate", he nonetheless went on to conclude that they were "very inadequate" in that they did had not address the practicalities of what employees might be expected to lift. He instanced a number of products such as bags of dog food, compost and potatoes and found the defendant negligent in its failure to incorporate within its training programme the practicalities of lifting such products. The Court of Appeal upheld the defendants appeal. The Court referred to the decision in Bradley v. C.I.E. [1976] I.R. 217 at 223, where Henchy J. stated as follows:-"The law does not require an employer to ensure in all circumstances the safety of his workmen. He will have discharged his duty of care if he does what a reasonable and... read more
High Court dismisses bus lane drivers claim.
In Byrne v Rahman a plaintiff who suffered injury in a road traffic collision where the defendant had pulled out of an exit into her path, had her case dismissed by the High Court. Mr Justice Barr held that the Defendant was not to be criticized for wrongly assuming that the plaintiff was turning left, where in fact the plaintiff had intended to unlawfully re-join a bus lane. Read the judgement here . ... read more
Damages can only be fair and just if they are proportionate
Earlier we highlighted the Court of Appeal's first decision in a personal injury assessment of damages case. You can read the piece here. In that case the court reduced the award of Cross J. The decision was a welcome relief for insurers who may have been concerned at a perceived rise in damages in personal injury actions driven by some High Court Judges. Insurers will welcome the decision of the same court in Nolan v Wirenski to reduce a general damages award of €120,000 made by Mr Justice Barr for the plaintiff's shoulder injury. The award by the trial judge was for €90,000 damages for pain and suffering to the date of trial and €30,000 for pain and suffering in future. The Court of Appeal consisting of Judges Ryan, Irvine and Peart reduced the award for general damages to €65,000 consisting of €50,000 for pain and suffering to date of trial and €15,000 for pain and suffering in the future. In delivering the judgement Irvine J said "Principle and authority require that awards of damages should be (i) fair to the plaintiff and the defendant; (ii) objectively reasonable in light of the common good and social conditions in the State; and (iii) proportionate within the scheme of awards for personal injuries generally. This usually means locating the seriousness of the case at an appropriate point somewhere on a scale which includes everything from the most minor to the most serious injuries". Referring to the limits of awards in personal Injury cases the Judge said "It can however generally be said that insofar as cases which involve catastrophic or life changing... read more
Modest injuries should attract moderate damages
The Court of Appeal set out the approach to be taken in assessing damages and referred to the perceived cap on general damages for the most serious injuries at €400,000. The Court had to consider whether the award in the instant case of €65000 general damages where the Plaintiff suffered from neck and back pain from which she had almost fully recovered was fair and reasonable?
Negligence and the Emergency Driver
"Even drivers of emergency vehicles, who may be exempted from ordinary speed limits, are not exempted in terms of liability for negligence. They are not given carte blanche to drive without due care. However, in determining whether due care was taken, the court is entitled to give the object of the journey due weight. If this category of defendant is to be held potentially accountable in the law of tort, it would make no sense to conclude that gardaí when performing public order duties could be deemed to be under any less of an obligation in terms of the duty of care which they owe to members of the public". Irvine J in Fagan v Garda Commissioner & others [2014] IEHC 128 This is an obiter view given in the action where the innocent Plaintiff was knocked to the ground by riot police in a public order situation. The matter did not concern a road traffic accident. It did restate the position that Garda officers do owe a duty of care to other road users when driving, even in an emergency. In Fagan the Defendants argued inter alia that the defendants did not owe a duty of care to the plaintiff as to the manner in which they exercised their public order function. In support of the assertion the defendants relied inter alia upon the decision of The House of Lords in Hill v Chief Constable of West Yorkshire Police [1989] 1 AC 53, the decision of Kearns P. in Lockwood v Ireland [2011] 1. I.R. 374 and that of Hedigan J. in... read more
The Danger of Alleging Fraud- Damian McGeady
What grounds must insurers have to allege fraud in personal injury actions?
Excess Isurer v Primary Insurer
Its a supreme Court of Missouri case, so the usual disclaimer applies. The case of Scottsdale Ins Co. v Addison Ins Co et al is an interesting Insurance case. The matter arose out of a very tragic road traffic accident resulting in the death of a driver, whose family sued for damages. The Primary Insurer insured to a $1,000,000 limit. The excess insurer insured to a $2,000,000 limit. A demand was made by the deceased's family to settle the cast for $1,000,000. The primary insurer refused. It was a costly refusal. The Primary insurer later settled the case for $2,000,000. The excess insurer (Scottsdale) issued proceedings on the principle of equitable subrogation as a basis for an excess insurer to recover from a primary insurer's wrongful refusal to settle a claim. The Supreme Court of Missouri upheld the Court of Appeals decision to reverse the trial Judge's judgement in favour of the Primary Insurer, recognising that the excess insurer could recover in equitable subrogation for the failure of the Primary Insurer. Here is a report on the case... read more
Northern Ireland High Court finds drunk pedestrian 60% liable for injuries
Negligence is a man's carelessness in breach of duty to others. Contributory negligence is a man's carelessness in looking after his own safety. He is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonable prudent man, he might be hurt himself
Changes in how Future Damages are Calculated
State Claims Agency vows to Appeal decision of Irish High Court to apply a 1% multiplier to a future loss claim. In a recent decision the Irish High Court varied the level of deduction on a large future loss claim from the traditional 3% rate to 1% per annum. In a claim for significant loss damages for future loss are normally awarded in a lump sum although there can be provision for periodic payments. Where damages are awarded in a lump sum the assessment requires the conversion of future cash flows into a capital sum. In those circumstances experts would advise the Courts to apply a multiplier approach. A multiplier based on the expected duration of the loss is applied to an amount representing the annual loss, (the multiplicand) producing a capital figure. In claims in the Republic of Ireland the multiplier is the number of weeks of loss which is discounted to account for the early receipt of the lump sum. The multiplier is adjusted downwards to take into account the time value of the money. For example if the loss is not expected begin until sometime into the future there must be an adjustment of the discount for accelerated receipt. A further and separate downward adjustment would be made to reflect the contingencies of life. The multiplier should also take into account contingencies and the rate of return on investment of the lump sum in the future. These principals apply to both future expenses and loss of future earnings. There are certain assumptions that underlie the multiplier to include an assumption as to what extent investment returns... read more
Insurers to provide clearer renewal quotes
Following pressure from consumer groups, it has been revealed that the FCA are currently drawing up new rules to ensure renewal quotes on insurance policies include previous premiums as well to make customers aware of when the cost of their policy is increasing. Another idea being studied is to make insurance companies come clean about introductory discounts on premiums. In many cases, customers are charged less in the first year of a policy, as an incentive to switch. But insurance companies could be forced to tell consumers what the premium is likely to rise to when that discount expires. More on this story can be read at http://www.bbc.co.uk/news/business-28229282 S.Major, Lacey... read more
IRL High Court finds Defendant liable for injuries sustained by their employee whilst attempting to reach goods piled on a trolley.
Barry v Dunnes Stores Clonmel (Limited) In dismissing the Defendant's argument that the Plaintiff had acted in a manner contrary to her safety training and had caused the injury to herself, Irvine J stated: "Every employee must take care for their own safety… However, the fact that an employer may train its staff at the time of recruitment and intermittently thereafter regarding the risk of injury to their back is significantly negated if, in daily practice, the methods for moving goods safely as advised in the course of training are not deployed by employees and managers do not enforce compliance with training and safe practice. In this regard I am satisfied from the evidence of the plaintiff… that it was not uncommon for trolleys to be stacked in the manner in which they were stacked on the day of the plaintiff's injury." The plaintiff was not fully absolved of liability however, and in assessing whether there was contributory negligence, the court ruled: "Regardless of these facts the Plaintiff should have known not to try to lift down the box which caused her injury. She did this without ascertaining its weight. Had the plaintiff ascertained its weight by getting a step ladder, albeit it that this may have taken some minutes, I think this injury would not have happened. Alternatively she should have recognized the risk of taking any load from over head height and she should have refused to do so. In either set of circumstances the plaintiff would not have been injured. Accordingly I have decided that she must bear 30% of the liability for her Injuries."... read more
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Shimano Eyewear goes for Victory with Lotto-Jumbo
Team Lotto-Jumbo coach Mathieu Heijboer shares what it's like to be an active partner with Shimano on "rider-tuned" eyewear and more.
We recently caught up with Team Lotto-Jumbo's High Performance Manager Mathieu Heijboer to see how his guys are getting on with their newest Shimano "rider-tuned vision" eyewear. We were also curious to hear how it's going for them after six months into their 3-year relationship with Shimano.
Together with Lotto-Jumbo, we have been working hard the last months on developing the perfect eyewear for discerning cyclists with the highest standards. After racing with our product throughout the spring season at demanding events like the Tour of Flanders, Paris-Roubaix and Milan-San Remo, the Lotto-Jumbo guys had lots to say. Immediately we implemented their feedback to deliver a new line of optics.
"The guys at Shimano are clearly doing something with our feedback because the material they give us is incredibly high quality"
Mathieu Heijboer
High Performance Manager - Lotto-Jumbo
Now that they've had time to test the new eyewear, Mathieu tells all. "The guys at Shimano are clearly doing something with our feedback because the material they give us is incredibly high quality," explains Mathieu. Adding, "We are really in a good direction with the Equinox 2 line (EQX2) [part of the R-series eyewear]. The riders feel very comfortable with them. They are happy with the bigger lenses and the different options they have regarding lens colors. They can adjust the nose clip to fit perfectly on their faces, while slightly bending the arms to conform to their individual head shapes." The riders also make full use of the eyewear's other features like its polarized and photochromic lenses with anti-fog, anti-scratch and hydrophobic treatments to protect their eyes in all conditions.
"To be honest, almost every rider is comfortable with the Shimano shoes. There is a shoe that works for almost every rider"
The team added the Shimano eyewear to their equipment line-up this year, along with our shoes, as confirmation that they have full confidence in us. This decision turned out to be well received by the riders. "To be honest, almost every rider is comfortable with the Shimano shoes. There is a shoe that works for almost every rider," exclaims Mathieu.
While he was pleased with how it turned out, he wasn't at all surprised. "We've always ridden with Shimano as far back as the mid-nineties when we were known as Team Rabobank. I know the quality of Shimano products in general, so that's what we've come to expect from everything they make. I was also confident because of the really strong relationship we have."
"I'm really glad we can continue working together, because I truly think they are the best in the market"
This relationship is what makes magic happen, so it's something we work hard on cultivating. "There's always a guy from Shimano at the pro races," says Mathieu. "They come very often to our service course to talk with our mechanics. They also talk with me on the phone to discuss all the products they give us – how its working, and how they can improve them. I'm really glad we can continue working together, because I truly think they are the best in the market."
And when this magical partnership scores a victory, Lotto-Jumbo celebrates it the same way every time…with champagne for a bit of a festive atmosphere."
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Shimano eyewear - light, strong, and versatile

redpajama_set_name: RedPajamaCommonCrawl


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I'm Out on Gotham
By Todd Salem
I'm out on Gotham.
I didn't even last two full episodes. I truthfully turned it off midway through the second episode when pre-Catwoman was put on that bus and one of the officers in charge was the crazy lady who had been drugging, kidnapping and selling children. I had had enough.
What I really thought when I shut it off was, "why am I torturing myself with this? What enjoyment am I getting out of this experience?"
The answer was none, and it had nothing to do with the problem I had been worried about after the pilot. After episode one, I pontificated that Gotham may butt up against a rather important point relatively early in its existence, once the cool character reveals came to a close. At some point soon, the show would have to stand on its own, separate from the Batman universe. It would have to be good enough on its own merit or people wouldn't watch.
Well, something I did not foresee, but probably should have, happened instead.
The basic plot of Batman before Batman is simple; it's the back story of the city of Gotham and Commission Gordon as he was coming to be in his current position of power. But really what that means is Gotham is about a city under constant and complete psychosis and destruction so far removed from normal society that a lone man had to take it upon himself to fix up the city, but the city was in such disrepair that he had to hide his identity in the process for fear of being captured and killed. Gotham the place is the most messed up city imaginable, and Gotham the show follows the timeline WHILE ALL THE SHIT IS GETTING INCREDIBLY WORSE.
There is no pending happy ending to Gotham. How could there be? The show ends when Batman arrives, when little Bruce Wayne is all grown up. And you know, logistically, what that point is? When Gotham the city is at the worst it's ever been. That's the finale of this show.
Image courtesy of tomandlorenzo.com
So what am I watching for? The plots are going to get darker and shittier for everyone involved. James Gordon runs into problems every time he tries to do the simplest tasks of his job, like investigating a crime scene. He can't even investigate a crime scene without his crooked partner giving him shit? Why bother?
And the children are getting drugged and sold so the mayor decides to use this opportunity to haul them all off to juvenile halls and jails? Who is redeemable in this show, because it's not anyone of importance?
The FBI detectives are trying to get Gordon hauled off to jail, his partner is trying to get him fired or worse, the mayor is crooked, the town is run by the mafia and these are the good times! This is before any of the super villains can drive a car! So what am I watching and waiting for?
I don't usually mind dreary or dark television. I loved The Wire for example, a show based on the premise that things do not get better. But at least in The Wire, there were people working toward that goal. Outside of the infallible Gordon, whose seeming perfection bothered me to no end on top of everything else, no one in this entire show world is working for any purpose other than to screw up the town so much that Bruce Wayne tries on a bat suit.
I'm not a masochist. I can't imagine gaining any semblance of satisfaction from witnessing that journey.
Related Items:Batman, BC TV, Buzz, buzzchomp, cultural pinata, Drama, featured, Fox, gotham, popular, television, ticker
Halloween time is here!
#TBT – Hocus Pocus


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Iran & 'Global Nuclear Jungle'
Maj.Gen. Amir Eshel: 'If Iran Acquires Nuclear Weapons It Will Trigger A Global Nuclear Jungle'
'Under Iranian Nuclear Umbrella Radical State & Non - State Players Will Dare What They Do Not Today'
'Although Israel Is Threatened By 100,000 Missiles & Rockets, It Can Hit Back Very, Very Hard'
Photo: Dover IDF
Gen. Amir Eshel, the commander of the IDF Planning Branch has presented a spell- binding look at the current and future threats to Israel. In a lecture entitled ' Planning for the Unknown - Israel's Ever Changing Strategic Reality', he outlined the challenges he has to face in the wake of the 'Arab Spring'. Speaking at the Institute for Contemporary Affairs in Jerusalem, Gen. Eshel stressed that Iran was at the top of his priority list. Analyst David Essing sums up the major points made by the commander who has responsibility for the IDF's force build-up.
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IRAN & ISRAEL GO TO THE BRINK
'If Iran goes nuclear it will trigger a global nuclear jungle' - that was Gen. Eshel's warning to the foreign correspondents and diplomats in the audience. First, he was sure that other players, not only in the Middle East but world-wide, would also dare to go nuclear. For their part the Iranians believed that once they have the bomb they will be immune from external pressures. They think that Libya's Colonel Gadaffi and Iraq's Saddam Hussein made 'a big mistake' by not acquiring nuclear weapons. If they had, there was no way that outside powers would have dared take them on.
Second, the behaviour of other radical players, state and non-state, would be freer to act under an Iranian nuclear umbrella. For example after the terror attack in Mombay, he had asked an Indian officer why India had not reacted when everyone knew who was responsible for the atrocity (Pakistan). The officer replied that you think twice when you know the other side has nuclear weapons. This might also apply to Israel if it felt forced to act against Hamas in Gaza or Hezbollah in Lebanon, if they were under an Iranian nuclear umbrella.
When queried about an Israeli military strike on Iran, the former fighter-pilot took evasive action; political questions should be put to the PM's office, just a few blocks away. Gen. Eshel noted that he also had to cope with Iran's El Kuds force that was acting daily against Israel as far afield as South America and Africa. It was 'an ongoing campaign' comprised of terrorism, political and economic warfare that had to be addressed.
The Iranian Missile Range
Syria: It was a question of when, and not if, President Bashar Assad would go. But what would happen the day after? The General didn't know but he said there would be one less player in the radical camp. Syria was similar to Iraq in that it was a conglomeration of various communities: Sunni and Shia Muslims, Alewites and Kurds and S yria could end up be 'fractured' like Iraq. The danger was that huge stockpiles of chemical and biologal weapons were stored in Syria and what would happen to them? Could they be transferred to Hezbollah in Lebanon? Over the past two years or so Syria, realizing it had a problem with the Israel Air Force, had invested two billion dollars in its air defenses creating new challenges for the IAF. The Syrians had also acquired huge quanties of anti-tank missiles, some of which found their way to terrorists in Gaza for 'shooting at Israeli yellow buses'. At present, the internecine warfare had brought the country to the brink of bankruptcy and running out of money. The bottom line: if Assad left on his own, it might prevent a tougher civil war but it was impossible to rule out even bloodier civil strife with refugees fleeing in all directions. No one knows what the outcome will be in Syria; this was also the case with Iraq, where Iran was expanding its influence.
Arab Spring: 'The current Middle East turmoil was not an Arab Spring, it was not even close to spring!' Unfortuneatly, Israel's concern a year ago that the Arab revolutions could be hijacked by others had come true. Now its was a mixed picture of opportunities and risks, but the risks were greater than the opportunities. The forces that were taking power had a solid ideology and the picture would be Islamic dominated by the color of the Muslim Brothers. The movement has been around for eighty years and some of their values were not shared by other nations. On the other hand, the immense domestic problems they would face presented opportunies as well. In any case, as strategic planner Gen. Eshel had to focus on the core issues that were not all negative. The question was how such Islamist regimes would deal with the unbelievable problems they face, and it was difficult to see how they would find solutions for their domestic woes. In such a case, who would be in control? A case in point was Egypt.
Egypt: It has been said that Egypt needs a Marshall Plan, but who could provide it? If the economic situation did not improve, the country could turn to negative trends. The Moslem Brothers' ascendancy in Egypt reflects what is happening throughout the Middle East, although each country is a different case when one looks at Jordan, Syria, Lebanon and Turkey farther afield. But for the present, the Muslim Brothers were focused on their internal domestic issues. (Prime Minister Netanyahu has said if Egypt abrogates the peace treaty with Israel, the U.S. would probably cut off its crucial financial aid to Cairo.)
Noting that an Egyptian diplomat was in the audience, Gen. Eshel stressed: 'We don't consider Egypt an enemy, far from that!' He was not worried about tomorrow but there could be a process in Cairo that might lead to change and it was his job to face the reality. On the positive side, there was 'great cooperation' between the IDF and the Egyptian military. Meanwhile, after the Palestinian terror attack from Sinai that killed 8 Israelis and several Egptians last August, that region had become a great concern for Israel. That was not to say that Sinai was a safe haven for terrorists but terrorists, including Hezbollah, found it convenient to operate from there.against Israel. And Gen. Eshel added: 'The Egyptian military is doing something but we hope to see Egypt deal more succesfully with the terror threat from Sinai'. This was in Egypt's own national interest, also the terror activity jeopardized the peace treaty. In any case, the Egyptian military was very, very strong.
Palestinians: From his perspective, Israel had tried hard to forge a peace agreement in the Oslo Agreement of 1993 and camp David 2000. But top priorty must be given to 'solid security arrangements' in any peace treaty. The IDF has taken risks in lending its support to the Palestinian Authority on the West Bank but one thing had to be absolutely clear - agreements without security, would not bring lasting peace. (A day earler, Prime Minister Binyamin Netanyahu declared that only security will bring peace: 'If I have to choose between a peace treaty or security I'll choose security'.)
Gen. Eshel also took issue with those people who argue: 'Resolving the Israeli - Palestinian conflict will bring heaven to the Middle East'. Although it might help, it was not 'the silver bullet' that would resolve regional tensions. Israel could not afford to gamble on its security because there would be no second chance in this part of the world.
U.S.- Israeli Strategic Relations: What was behind the American decision to suspend the major joint military exercise with Israel. The IDF's top strategist said it was taken by the political echelons. ( Media speculation is that Washington did not want to raise the already high tension with Iran at this time). In any case, Gen. Eshel called it an importanat exercise involving state-of-the-art ballistic missile defense systems. No other countries in the world come close to this capability. The drill was to involve integrating the American and Israeli systems; he was confident it would be conducted in the second half of the year.
The relatively short fighter pilot was asked about mounting U.S. pressure on Israel not to go it alone with a military strike on Iran's nuclear sites. He cracked: 'Just look at me when I went to Washington for talks last week I was over six feet tall and just look at me now!' In a more serious vein, he said the IDF and the U.S. military enjoyed an intimate, professional relationship: 'Pressure? We don't communicate that way'.
Summing up his current post, Gen. Eshel said it was almost 'a nightmare' trying to cope with the level of threats facing Israel today. In fact he spoke of the IDF between three different armies: to cope with terrorism, conventional warfare and the potential Iranian nuclear terrorism. His 'interesting' task was to coordinate a flexible force build-up to deal with the myriad of threats that now includes some 100,000 missiles and rockets that now surround Israel. Nonetheless, during his rivetting address, Gen. Eshel who is a leading candidate to be the next Israel Air Force commander, made this point clear: 'Israel can hit back very, very hard!'


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Emilee Morehouse
About Emilee
December 28, 2017 May 20, 2019
Case Study: Loom Grows 100,000 Users Strong While Partnering with SimpleKeep
The brainchild of a company dedicated to weaving teams closer together, Loom provides the answer to an all-too-common question: How do we communicate better?
The quick video platform is innovating fresh ways to bring back the human side of remote teams; a space where a conversation's meaning can easily get lost in translation. And they're killing it! With over 100,000 users in under a year, Loom has worked hard to build their user base, while filling the communication void that modern teams face.
SimpleKeep has been more than proud to work alongside the team, since the beginning, to make sure bookkeeping and taxes don't get in the way of that. With a bright future ahead of them, Loom is definitely one to watch in the world of quick videos.
Loom is dedicated to patching the gaping hole in team communication with their innovative video collaboration platform. While email, video conferencing, and instant messaging are helpful, sometimes information is not relayed in the best way with any of those formats. This is where Loom steps in. Quick videos, as Loom calls them, are helping teams communicate in a more efficient and more effective way.
"A lot of times, when you're typing up a really long email, there are miscommunications around what the tone of the conversation is," says founder Joe Thomas. "There are a lot of gaps in regards to really communicating with another human being, that we felt could be solved."
Loom launched their solution by introducing quick videos, which allow you to leave personalized videos that integrate the perfect marriage of screen sharing and audio. Future goals for the company include launching team accounts in the next few months, and continuing to build and perfect the current quick videos platform, as a whole. "What we're really looking to do is make quick videos ubiquitous in this space—as in, it's a standard communication tool for all individuals," said Joe. "So if you're communicating with a team that doesn't share the same walls as you, you'll have Loom as one of your tools for communicating."
Over the past 10 months, Loom has used the financial expertise of SimpleKeep to keep their finances on track, and take bookkeeping off their mind. Why SimpleKeep?
Joe explains that his mentor once told him, when starting a company or working with other companies, you always want to make sure you're working alongside someone you want to work with. He goes on to explain how this especially applies when you're working with an outsourced team member, like a bookkeeper.
"When we've talked to anybody on the SimpleKeep team, it always felt like this was somebody I wanted to work with for a very long time."
Partnering for Success
As a team of builders, finances aren't exactly the forte of anyone on the Loom team. Joe remembers taking a poll at one point, asking who liked doing taxes and wanted to take over handling the company's books. Nobody on the team volunteered. "I think that was one of the biggest challenges that we've faced as a company because we all dreaded handling our personal taxes, so who was going to handle the company taxes?"
Luckily, SimpleKeep was more than ready to help. While it may have felt like they were flapping in the wind, SimpleKeep helped take away the pressure and stress of not wanting, or really knowing how, to do their bookkeeping, says Joe. And since putting people first is at the top of their to-do list, the team at Loom was more than ready to get back to that, by bringing in financial help.
Joe says that especially as a founder working directly with the internal bookkeeping, he appreciates having someone on his side who understands the ins and outs of business finances. "I have to assume that it's at least 10 hours a month [I would spend handling bookkeeping and taxes], and especially during tax season. I would have to set aside an entire week to do everything on our end," Joe estimates.
Communication is key and when it comes down to the value that SimpleKeep brings, Joe and his team are thankful for the consistent communication that's always been there when they've needed it.
"Usually SimpleKeep keeps everything as lightweight as possible in terms of bookkeeping. They go above and beyond, even with things like typing up 12 point instructions—which doesn't seem like a big deal, but it really is for the person who has to do all of those things on my end."
Financial Peace-of-Mind
Lately, the team at Loom has been focused on balancing product building, customer support, and fundraising. Having one less thing to think about, with finances outsourced, has been a huge weight off their shoulders. As CEO, Joe's day-to-day schedule varies, but he tries to make sure each day focuses on people, products, and profits (in that order).
"I try to make sure the team is in a good place, and that we're all aligned. There are always quite a few dependencies that I need to either roadmap for, or even work out the granule details of writing the copy. From there, that puts more money in the bank for us, for the next round of fundraising."
And when he's not working? Joe, like many entrepreneurs, is a dreamer. He likes to pseudo-plan travel adventures and vacations to places such as his new favorite city, New Orleans. He's excited for a couple of years out, when he'll be able to travel more.
In the meantime, SimpleKeep is there to keep the business moving in the right direction, financially, and Joe is happy to have the support in this vital growth stage of their business.
"There's never been a strain with SimpleKeep, it's always just been, 'Here's what we need to get done, and here's how we're going to do it.' And getting everything done in a timely fashion, is top-notch."
Take a look at how Loom is rocking the quick video world by following them on Twitter or Facebook, or see what their fans are saying by checking them out on Product Hunt. Looking for financial help? Shoot us an email at yourfriends@simplekeep.co or give us a call at (415) 601-2440
Posted in PortfolioBy Emilee
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But what consumers aspire to and what they actually do are two different things. For example, 89 percent say taking personal responsibility for one's health is the best way to stay healthy, 75 percent say they feel they can manage health issues through nutrition, and 64 percent say they will take whatever means necessary to control their own health. However, when it comes to action, only 70 percent say they are actively trying to be healthier, 50 percent say it's a challenge to eat healthy and 66 percent say they don't exercise enough.4 These statistics show the difference between stated preferences and revealed preferences.
Although studies suggest that self-care can lead to cost savings and better outcomes in the prevention and treatment of asthma,8 chronic obstructive pulmonary disease,9 diabetes,10 and other chronic conditions,11 a key question is how far people are able to participate in their own healthcare? While some people are very proactive about their health, many are quite passive or face barriers to self-care.
Social, political, economic and environmental barriers have been identified that inhibit consumers trying to lead healthy lives and exercise personal responsibility.
Studies have shown that consumers are highly responsive to even subtle environmental cues,12 so large shifts in access, pricing, portion sizes, marketing, and other powerful drivers of eating and physical activity will have major effects on weight and fitness.
The priority must be on additional research to identify and address the social, political, economic and environmental barriers to self-care. With a robust understanding of these barriers, policymakers must then address the challenges of balancing personal and environmental approaches to serve the greater public good, e.g., smoking reductions, the use of seat belts, wearing a bike helmet, clean air and safe drinking water. A nuanced use of behavioral economics, social cues and guidance may help improve results.
1. Novant Health-Harris Poll, Consumer Attitudes about Health Study, Winston–Salem, N.C. (March 30, 2016).
2. Nielson Company and NMI, Health & Wellness in America 2014 (2014).
3. Novant Health-Harris Poll, Consumer Attitudes about Health Study, Winston–Salem, N.C. (March 30, 2016).
4. Nielson Company and NMI, Health & Wellness in America 2014 (2014).
5. Novant Health-Harris Poll, Consumer Attitudes about Health Study, Winston–Salem, N.C. (March 30, 2016).
6. Alspach, JoAnn Griff., "The Patient's Capacity for Self-Care: Advocating for a Predischarge Assessment," Critical Care Nurse, Vol. 31 No. 2 (April 2011).
8. Lahdensuo, Aarne, et al., "Randomized comparison of Cost Effectiveness of Guided Self management and Traditional Treatment of Asthma in Finland," BMJ, Vol .316, No. 1138 (1998).
9. Gallefoss, Frode, and Per S. Bakke, "Cost-Benefit and cost-effectiveness Analysis of Self-Management in Patients with COPD – A 1-year Follow-up Randomized, Controlled Trial," Respiratory Medicine, Vol 424, No. 31 (July 2002).
10. Li, Rui., et al., " Cost-Effectiveness of Interventions to Prevent and Control Diabetes mellitus: A Systematic Review," Diabetes Care, Vol. 33, No. 8 (August 2010).
11. Kennedy, Anne., et al., " The Effective and Cost-Effectiveness of a National Lay-Led Self Care Support Programme for Patients with Long-Term Conditions: A Pragmatic Randomised Controlled Trial," Journal of Epidemiology & Community Health, Vol.61, Issue 3 (2001).
12. Brownell, Kelly D., et al., "Personal Responsibility and Obesity: A Constructive Approach to a Controversial Issue," Health Affairs, Vol. 29, No. 3 (March 2010).
16. Hibbard, Judith, and Peter J. Cunningham, How Engaged are Consumers in Their Health and Healthcare, and Why does it Matter?, Center for Studying Health System Change. Washington, D.C. (October 2008).
17. Hibbard, Judith, and Helen Gilburt, Supporting People to Manage Their Health: An Introduction to Patient Activation, The King's Fund, London, U.K. (May 2014).
18. National Health Service England, How Much do Clinicians Support Patient Activation?, London, U.K. (November 20, 2015).
19. Hibbard, Judith, and Helen Gilburt. (May 2014).


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War Thunder: Player Allegedly Reveals Military Secrets – Says he found them during research
War Thunder: Player Allegedly Reveals Military Secrets - Says he found them during research
In a forum of the free MMO War Thunder, a player allegedly leaked secret US government military documents.
What is War Thunder?
War Thunder is a free-to-play MMO that was released on November 1st, 2012 and is playable on PlayStation, Xbox, Nintendo Switch, Windows PCs via Steam, as well as on Linux and macOS.
In War Thunder, players lead large-scale battles on air, sea and land.
In War Thunder, military vehicles such as tanks and planes play an important role.
The MMO is known for its realistic representation of the different vehicles.
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Player posts secret documents related to a fighter plane
What did the player do? War Thunder player spacenavy90 allegedly posted four military documents on the game's official forums. There he was involved in a discussion and shared the information with the phrase: "In my research I came across something interesting."
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He then elaborates on the information the docs give him and shares the docs with the rest of the forum. The documents contain information on a US fighter jet, the F-16 Fighting Falcon, which was also the subject of the forum discussion.
However, the information is not intended for the public and has since been deleted from the official War Thunder forum. They were visible there on Monday around 9:00 p.m.
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For whom are the documents accessible? Some screenshots of the documents show information about who has access to them.
For example, two of the four documents say "DoD only" (DoD is short for "US Department of Defense"). Accordingly, only employees of the US Department of Defense are allowed to see the content of the documents.
Another document is marked as follows: "Distribution authorized to US Gov't, agencies only".
Not the first "War Thunder" leak of secret information
These incidents have happened in the past: Believe it or not, this isn't the first time a War Thunder player has publicly shared classified military information.
Read Phil Spencer reveals that Starfield and Redfall are key to Xbox Game Pass
In October 2021, a player leaked information about the French tank "Leclerc 2". The turning speed of the vehicle in the game was too fast for him, whereupon he probably shared the actual turning speed. He substantiated his information with the statement that he drives this tank in real life. He is also said to have posted parts of the manual.
In addition, an alleged tank commander published secret documents about the British "Challenger 2" tank as early as July 2021.
Related Topics:AllegedlyMilitaryplayerresearchrevealssecretsThunderWar
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The allocortex (also known as heterogenetic cortex) is one of the two types of cerebral cortex, the other being the neocortex. It is characterized by having just three or four cell layers, in contrast with the six layers of the neocortex, and takes up a much smaller area than the neocortex. There are three subtypes of allocortex: the paleocortex, the archicortex, and the periallocortex – a transitional zone between the neocortex and the allocortex.
The specific regions of the brain usually described as belonging to the allocortex are the olfactory system, and the hippocampus.
Allocortex is termed heterogenetic cortex, because during development it never has the six-layered architecture of homogenetic neocortex. It differs from heterotypic cortex, a type of cerebral cortex, which during prenatal development, passes through a six-layered stage to have fewer layers, such as in Brodmann area 4 that lacks granule cells.
The allocortex has just three or four layers of neuronal cell bodies in contrast to the six layers of the neocortex. There are three subtypes of allocortex, the paleocortex, archicortex and periallocortex.
Archicortex is a type of cortical tissue that consists of four laminae (layers of neuronal cell bodies). The main areas of archicortex are the hippocampus and dentate gyrus.
Periallocortex is a transitional form between neocortex and either paleo- or archi-cortex. It thus can be either peripaleocortex (anterior insular cortex) or periarchicortex (entorhinal cortex, presubicular cortex, retrosplenial, supracallosal, and subgenual areas).
Because the number of laminae that compose a type of cortical tissue seems to be directly proportional to both the information-processing capabilities of that tissue and its phylogenetic age, and also because olfaction is a major sensory modality in phylogenetically early animals, paleocortex is thought to be the most primitive form of cortex.
^ Filimonoff, IN (1947). "A rational subdivision of the cerebral cortex". Arch Neurol Psychiatry. 58: 296–311.
^ "Paleocortex". BrainInfo. University of Washington. Retrieved 5 May 2013.
^ a b Purves, Dale; Augustine, George J; Fitzpatrick, David; Hall, William C; LaMantia, Anthony-Samuel; White, Leonard E (2011). Neuroscience (5th ed.). Sinauer Associates Inc. p. 666. ISBN 9780878936465.
^ "Archicortex". BrainInfo. University of Washington. Retrieved 17 March 2017.


At least 1,186 people last year fell victim to criminals who used the feared drug scopolamine to sedate their victims and take them on a stealing binge, according to newspaper El Tiempo.
The newspaper said that Colombia's police received 1,186 complaints about the use of scopolamine.
Once under the influence, a victim loses his will and unconsciously, but fully cooperates with his or her aggressors to empty bank accounts, homes or steal the victim's car. When sedated, others can barely notice the victim is on drugs.
According to El Tiempo, 559 cases known to police are from the capital Bogota where recently a man was sentenced to 42 years for using the drug to rob his victims.
The police report said a lot of the victims were males who had been seduced and then drugged by attractive ladies.


Are you seeking the perfect place to build your dream home? Look no further than this cul-de-sac lot! Fairfield Harbour offers easy access to the Neuse River & local creeks. Enjoy this gated community featuring marinas, an 18 hole golf course, boat ramp, fishing pier, walking/biking trails, parks, tennis, swimming, pickle ball courts & a variety of clubs & activities. This community of the year award winner is conveniently located close to Downtown New Bern. Boaters will love being able to sail to New Bern & Oriental for dining & shopping. Call today to learn more about what this waterfront community has to offer.


When couples get married, that is a very wondrous occasion. The romance of love fills the air, while the wedding environment appeals to the best spirits within. To keep stress down and happiness up, it is important to properly prepare for your wedding. Apply some insights here to assist you.
Avoid starving to get into your dress. If you rush the weight loss process, your health will surely suffer. You would hate to faint while standing at the altar. Choosing a dress in the correct size that fits you well will help avoid your dress feeling a little tight on the big day.
The most important thing when considering marriage is the person you will be marrying. Never rush into this decision that will change your life. Think hard about this person and what things in your life you can't do without, as well as the things that will drive you up the wall.
Transportation is something you shouldn't forget. Try to have limos and taxis available for those who do not have a ride to take them back to their hotel at the end of the night. In addition, this benefits those who drank alcohol during the festivities.
Make sure that you carefully consider what to include in your vows, as they will be something that your future spouse remembers forever. Keep in mind that getting married is a commitment that might require some sacrifices. Make your love for your spouse-to-be crystal clear in your vows.
Use a mirror to visualize and practice when you walk down the aisle, especially if you plan to wear heels. If turning your ankles scares you, choose flats. Losing the allure of heels will pay off if it saves you from taking a nasty spill.
When you choose to invite family members to join you at your destination wedding, ask them if they would like to stay for the honeymoon, as well! Many hotels will reduce their prices for extended stay vacations as opposed to just staying for the wedding itself. They will have great memories from this too.
Be sure the disc jockey you employ for your reception knows which songs you want and which sorts of songs you do not want. Maybe you like metal, country, or have a great song that reminds you of someone from the past. Whatever your tastes may be, communicate them so your wedding music is as joyful as you are.
Vacation goody baskets make great delivery presents to guests at your destination wedding. You can include tidbits like tourist maps, sunglasses, novelty towels or even information on nearby attractions. You can also put in a guide to restaurants that are local.
Sweet cupcakes are great alternatives to an expensive cake. This will make things very convenient for you. Guests will be able to get some cupcakes when they leave and then they will put them in a container that's takeout inspired.
If possible, see if your reception venue offers lighting choices. This might seem a tad bit trivial, but the option should be there if you prefer to have low lighting for your first dance, as opposed to brighter lighting for the other activities. Before you sign any contracts with the venue, make sure this is an option.
When you are planning your reception set the time for the afternoon hours. Your guests will drink less alcohol during these hours, which cuts down on your bar needs greatly. It will also be cheaper if you have a lunch time reception and you can have better food or use the money saved to invest in your honeymoon!
Large centerpieces are unnecessary on your tables as they not only eat away at your budget, but serve as an unneeded distraction. Choose a simple, small and elegant centerpiece with pizazz. This will allow for the free flow of conversation, as guests will be able to view each other without distraction.
It is pointless to spend large amounts of money on large centerpieces that may very well interfere with your guests' conversations. Rather than buying huge centerpieces that obstruct your guests' view, consider simpler centerpieces that can be taken by guests as a keepsake. This will enable your guests to talk amongst each other without any interference, which will provide a better experience for them.
Make sure that you take others into consideration when making travel arrangements. There might be guests who have to plan their vacation time around your wedding, and they will need plenty of time for preparation. You can send out invitations or reminders to save the date as far as eight months ahead of time. This will allow your guests to make proper arrangements.
The gift registry is a time-honored wedding tradition. In order to make the occasion more pleasant for your guests, don't have them bring anything. Provide a large assortment of gifts to choose from at varying prices. Guests should feel okay with their gift, no matter how much it costs.
Have your floral decoration display flowers of different stem length and different sizes and shapes to add dimension and uniqueness to them. Obviously you want the low profile florals in the shorter vases, while the long and more spectacular flowers, like roses, should be in taller containers. Surround the taller vases with shorter, more voluminous flowers like hydrangeas, peonies, or rosy-hued sweet peas. You can make the shorter flowers a lighter color than the blooms on the taller flowers.
Pick a photographer for your wedding who will create memories, not simply take pictures. When you interview potential photographers, ask them how they imagine the day. You need to question them concerning how they handle the wedding experience and flow of events. It is important to know what their style is and how it will impact your wishes for the events of the day.
When planning out your wedding music, you definitely want to look into the different DJ's or bands in the area. Ask for their references, establish playlists, and go over your plans for the event before you sign a contract. Once a decision has been made, you need to ensure the person signs a written contract for confirmation. This will help that there is great music on the day of the wedding.
Your floral arrangements will be more interesting if you select flowers in varying heights. Use tall vases and have some short and some tall flowers. Place shorter vases with shorter and plumper flowers around the tall vases. The shorter, fuller flowers should be lighter in color than the taller, more prominent blooms.
Bride should take the time to learn how to pose for pictures without awkwardness and give lots of great looking smiles by practicing in front of a mirror. This helps you get the exact look you want for your pictures. You always want to have a look that you are comfortable with.
Start planning as early as you can. A year may seem like a long time for planning a wedding, but waiting can make your services and venues cost more and they could get booked completely with short notice. Therefore, it is essential to plan as far in advance as possible.
Open a checking account that is used only for wedding expenses. This will ensure that you don't spend more than you have, helping you to stick to your budget. Open your wedding account even if you're not planning on getting married anytime soon, so that you'll have funds available when you're ready to start planning your wedding.
Begin planning your wedding as early as possible. When you begin your plans well before your wedding date, the selection of venues and related services will be much larger. This makes it possible for you to choose the vendors who best meet your needs.
If pregnant, make sure you keep in mind that you need to find a wedding dress that works with your body. It can sound so simple, yet you have to remember that you will keep getting bigger and your dress needs to be able to accommodate that.
Open a special savings account for your wedding funds. If you know exactly how much money you can spend, sticking to your budget will be easier. The sooner you open such an account the better, even if a wedding is not yet on the horizon.
When planning the wedding photography, do not trust a friend. Unless you have a friend who is a professional, they will not be able to capture your special day adequately. You want your photos to be spontaneous, show quality, and to last your entire life. A friend might be able to do some of this, but they probably will miss the mark on some things.
Weddings are joyous occasions but they also bring a lot of stress and drama into play. Take advantage of the information and suggestions in the above article to prevent any unforeseen wedding day calamities.
The music must be just right for a wedding to be truly great. So hire a band or DJ who know how to work the crowd and what songs you love. Nothing is worse than a wedding where the music falls flat and the atmosphere is boring.


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When Animals Worry
Chronic stress affects reproduction and survival levels
March 15, 2005 | By Staff
Sparrows, rabbits and other wild animals can suffer so much from the daily grind of finding food while avoiding predators that they can experience a form of chronic stress – and this can affect their reproduction and survival levels.
Researchers collected blood samples from 91 song sparrow fathers with six-day-old nestlings. They found food and predators together affected corticosterone levels (the principal stress hormone in birds), free fatty acid levels (the energy molecule used for flight), anemia, and nestling numbers and condition. The researchers concluded that birds in environments with limited food and many predators were the most stressed.
The study was conducted by Dr. Michael Clinchy and Professor Rudy Boonstra of the Centre for the Neurobiology of Stress and department of zoology at U of T's Scarborough campus, and colleagues from the universities of Western Ontario, Washington and British Columbia.
In an earlier study on snowshoe hares, Boonstra and others showed that reducing predator pressure and boosting food levels led to an 11-fold increase in the population density of hares. In 2001, Professor Liana Zanette of the University of Western Ontario published the first study showing comparable effects in song sparrow reproduction.
"The fact that our new song sparrow data fit predictions from the snowshoe hare study so well suggests this is very general phenomenon," says Boonstra. "If so, then targeting both food and predators may be the key in conserving threatened species."
Tags: Department of Zoology, , U of T Scarborough
Where Do You Go, My Lovelies?
Fred and Norah Urquhart's lifelong quest for the hidden kingdom of the Monarch butterfly
By Alec Scott
Dinosaur's "Duck Bill" Not Linked to Sense of Smell
PhD student reconstructs the brain and nasal cavity of the lambeosaur
By Nicolle Wahl
Dangerous Liaisons
Zoologist Maydianne Andrade makes an intriguing discovery about the bizarre mating habits of redback spiders


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An imprecise science: Assessing interventions for the prevention, disengagement and de-radicalisation of left and right-wing extremists
This report examines intervention approaches currently being used to challenge political extremism globally, drawing on 19 interviews with practitioners based in Belgium, Canada, Germany, France, Sweden, the UK and USA. In particular, it looks at the approaches which are being used to de-radicalise and disengage right wing extremists, as well as current strategies being employed to tackle radicalisation and extremism online. It highlights a wide range of different approaches to this work, some key structural challenges facing practitioners seeking to deliver interventions, as well as a number of discrepancies in the scale and sophistication of interventions initiatives globally.
This report would not have been possible without the funding support from Jigsaw, research assistance from Charlotte Moeyens, Jakob Ghul and Cecile Guerin, and the time, insights and expertise of our fantastic interviewees.
Jacob Davey, Senior Research Manager at ISD
Jacob Davey leads on research into far-right extremism and hate crime. His work focusses on mapping the global far-right and the development of new methodologies for tracking far-right extremism. In this role Jacob has advised national and local policy makers on right wing extremism. Jacob's reports include tracking the internationalisation and mainstreaming of right-wing extremism, and online interventions for countering extremism.
Henry Tuck, Head of Policy & Research at ISD
Henry Tuck manages ISD's research programme and leads ISD's policy-focused work to counter online harms in collaboration with a range of key stakeholders, advising leading governments, international organisations and major private sector tech companies. Since starting at ISD in 2013, he has led a series of ISD's education and counter-narrative programmes and conducted research on foreign fighters, deradicalisation and the far-right.
Dr Amarnath Amarasingam, Senior Research Fellow at ISD
Dr Amarnath Amarasingam is the author of Pain, Pride, and Politics: Social Movement Activism and the Sri Lankan Tamil Diaspora in Canada (2015). He is the editor of Sri Lanka: The Struggle for Peace in the Aftermath of War (2016), The Stewart/Colbert Effect: Essays on the Real Impacts of Fake News (2011) and Religion and the New Atheism: A Critical Appraisal (2010). Amarasingam is an experienced field researcher, having conducted hundreds of interviews on social movement activism, organisational dynamics, and youth identity in the Sri Lankan Tamil diaspora. He has also conducted interviews with former fighters throughout the former war zones of Sri Lanka in 2012 and 2013 and at the Turkey-Syria border as well as former and current activists of the Syrian revolution. He has also conducted field research in Somalia, Lebanon, Israel/Palestine, and amongst different ethnic and religious groups in North America and Europe.
Online Extremism in North Macedonia: Politics, Ethnicities and Religion
This report provides a baseline for the nature and scope of extremist, hateful and polarising narratives in the online ecosystem of North Macedonia. The report provides an overview of some of the most prominent extremist narratives across the political, ethnic, and religious spectrum in the country.
Generation Z & Das Salafistische Online-Ökosystem: Executive Summary
Eine digitale Momentaufnahme des sich schnell verändernden Online-Ökosystems des Salafismus, mit Fokus auf die Schnittstellen zu Generation Z.


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The Main Street Program
Main Street Area Boundary
City of Tonawanda Local Development Corporation
Outstanding Features
Existing Establishments
Planting Program
Light Pole Decorating Contest
NOTE: Our organization has recently been incorporated as the City of Tonawanda Local Development Corporation (LDC). Tonawanda Main Street remains a critical part of this organization. We continue to develop, more information will be added about this new structure.
Tonawanda Main Street began developing as sustainable grassroots community organization focused on downtown revitalization in the City of Tonawanda in 2016. The establishment of the organization is made possible by the City of Tonawanda, in partnership with the Western Erie Canal Alliance, and a grant from the New York State Department of State under Title 11 of the Environmental Protection Fund. Thanks to the support of these partners, Tonawanda Main Street has formed a structure to address community issues and opportunities.
Tonawanda Main Street is developed in accordance with Main Street America™, formerly the National Trust for Historic Preservation's Main Street Program. This national approach focuses on economic development within the context of historic preservation and building community capacity and self-advocacy. Key components include:
Broad-based community support.
Identification of the community's people and places assets.
Developing a vision.
Implementing programs that will result in economic and market strength in the community.
With this effort, the City will join a coast-to-coast revitalization movement that is established in nearly 2,000 community programs across the country and virtually all 50 states.
APPLYING NATIONAL BEST PRACTICES TO TONAWANDA
Based on the national approach, the goals of the establishment of the Main Street Program is to incrementally develop a strong, synergistic and sustainable downtown district through an organized Main Street Program. More specifically, the overarching goals of a Main Street Program are to:
Leverage the community's physical and intrinsic strengths to promote economic reinvigoration and revitalization of the commercial district and community.
Engage broad base grassroots community support for Main Street's mission, goals and objectives.
Increase people and community capacity that will result in positive change to their community through strategic planning and marketing.
Maintain the historic fabric and integrity of the community.
Sign up with your email address to receive our email newsletter featuring Tonawanda Main Street news and updates.
TONAWANDA MAIN STREET
info@tonawandamainstreet.org
© Copyright 2016 Tonawanda Main Street
Designed by: Sustainable Planning Design, LLC


Carry Weight is the maximum weight of all weapons, armor, and other items that you can carry. It is the equivalent of the Encumbrance attribute in Oblivion. All characters start with a Carry Weight of 300. Choosing to increase Stamina when leveling up increases your maximum Carry Weight by five points. If you try to carry a combined weight that is greater than your Carry Weight, you will not be able to run or sprint; instead, your movement speed will be substantially decreased to an almost unbearably slow crawl. You will also be unable to fast travel while overencumbered unless on a horse.
Your current Carry Weight is displayed in the bottom right of the inventory screen. This number can be increased by 100 through the Extra Pockets perk in the Pickpocket tree. The spell effect provided by the Steed Stone also adds 100 points to your total, as well as completely negating the weight of any equipped armor. Carry Weight is only controlled by your base Stamina, and therefore temporary changes to Stamina, such as Fortify Stamina, do not have any effect on Carry Weight; this is also why you do not become overencumbered every time you swing a weapon or do other activities that deplete your Stamina.
Moving faster. You can walk at a faster pace while overencumbered if you repeatedly do forward power attacks and sheathe right before the stamina drain, ideally with a dagger. The Whirlwind Sprint shout can also aid moving forward, especially if you unsheathe a weapon during the sprint, which causes you to run a vast distance at incredible speed.
You can also walk at a slightly faster pace if you have a bow fully drawn while moving forward.
Potions. You can drink a Potion of Strength (or a better quality version), and fast travel before it wears off, provided the weight you are carrying does not exceed your increased carrying capacity.
Enchantments. You can carry gloves, boots, and/or pieces of jewelry enchanted with Fortify Carry Weight, and equip them when you exceed your limit in order to fast travel. Clothing such as the zero-weight shoes are particularly useful for this.
Transform. Werewolves using their beast form have their carry weight limit increased by 2000 points.
Transforming into a Vampire LordDG will also allow you to avoid being overencumbered and travel faster.
Horses. Horses will take you where you want to go regardless of overencumbrance. You can also fast travel after mounting a horse. ArvakDG is especially handy for this, as he can be summoned when you need him, then released when you don't.
Drop and drag. Drop a heavy item to remove overencumbrance, and hold the Activate key to drag it while you move (be cautious when loading a save, as this will move the item back to where you've dropped it).
Depositing items in a small dead body, such as a Skeever, can be particularly useful, as it can hold any number of items.
You cannot execute a sneaking forward roll (ordinarily usable with the Silent Roll perk) when overencumbered.
Carry Weight enchantments (even multiple) work on followers, but with a bug: As soon as you reach the normal (unfortified) carry weight limit, every single item you put on your follower makes the inventory menu react as if the carry weight limit would have been exceeded. To become able to add one (!) more item, you have to leave the dialog and reenter it, for every single item up to the real (fortified) carry weight limit. After reaching the latter, toggling the inventory menu no longer opens space for more items.
In most of the cases when your follower's Carry Weight limit is exceeded (e.g. by ordering them to pick too heavy/too many items), they will not suffer any apparent overencumbrance effect. See the Followers article for details.
When overencumbered and slowed, your speed moving with a drawn arrow is unaffected and significantly faster.
This page was last modified on 1 July 2018, at 22:13.