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text:
Man Hurt in Rollover On Highway 10 Near Randall
RANDALL -- A man was hurt in a single-vehicle rollover in Morrison County.
The Minnesota State Patrol says it happened just after 9:00 p.m. Thursday on westbound Highway 10 near Randall.
Thirty-five-year-old Timothy Lehmeyer of Wayzata was not wearing a seatbelt and was ejected from the vehicle.
He was taken to St. Gabriel's Hospital in Little Falls with non-life-threatening injuries.
The 25 Best Places to Live in Minnesota
Stacker compiled a list of the best places to live in Minnesota using data from Niche. Niche ranks places to live based on a variety of factors including cost of living, schools, health care, recreation, and weather. Cities, suburbs, and towns were included. Listings and images are from realtor.com.
On the list, there's a robust mix of offerings from great schools and nightlife to high walkability and public parks. Some areas have enjoyed rapid growth thanks to new businesses moving to the area, while others offer glimpses into area history with well-preserved architecture and museums. Keep reading to see if your hometown made the list.

redpajama_set_name: RedPajamaCommonCrawl


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Hesselbach ist ein Gemeindeteil der Gemeinde Wilhelmsthal im oberfränkischen Landkreis Kronach in Bayern.

Geographie
Das Dorf liegt am Mühlberg (, 0,8 km nordöstlich). Die Staatsstraße 2200 führt nach Lahm (1,8 km nördlich) bzw. nach Neuenbach (1 km südwestlich). Eine Gemeindeverbindungsstraße führt nach Wilhelmsthal (1,3 km südwestlich).

Geschichte
Hesselbach wurde 1338 erstmals urkundlich erwähnt.

Gegen Ende des 18. Jahrhunderts gab es in Hesselbach 43 Anwesen. Das Hochgericht übte das bambergische Centamt Kronach aus. Die Dorf- und Gemeindeherrschaft hatte das Rittergut Hesselbach inne. Grundherren waren das Rittergut Hesselbach (2 Güter, 8 Halbgüter, 11 Sölden, 15 Tropfhäuser, 2 halbe Tropfhäuser) und das Kastenamt Kronach (4 Halbgüter). Neben diesen Anwesen gab es noch 1 Gemeindebräuhaus.

Mit dem Gemeindeedikt wurde Hesselbach dem 1808 gebildeten Steuerdistrikt Lahm zugewiesen. Mit dem Zweiten Gemeindeedikt (1818) entstand die Ruralgemeinde Hesselbach, zu der Geschwend, Grümpel und Neuenbach gehörten. Sie war in Verwaltung und Gerichtsbarkeit dem Patrimonialgericht Hesselbach zugeordnet und in der Finanzverwaltung dem Rentamt Kronach (1919 in Finanzamt Kronach umbenannt). 1838 wurde Hesselbach dem Landgericht Kronach zugewiesen. Ab 1862 gehörte Hesselbach zum Bezirksamt Kronach (1939 in Landkreis Kronach umbenannt). Die Gerichtsbarkeit blieb beim Landgericht Kronach (1879 in das Amtsgericht Kronach umgewandelt). Die Gemeinde hatte ursprünglich eine Gebietsfläche von 6,598 km². Ein Teil von Neuenbach wurde bereits vor 1928 nach Wilhelmsthal eingegliedert, der andere Teil kam 1962 an Wilhelmsthal. Dadurch verringerte sich die Fläche auf 6,459 km² und schließlich auf 6,405 km².

Am 1. Mai 1978 wurde die Gemeinde Hesselbach im Zuge der Gebietsreform in Bayern nach Wilhelmsthal eingegliedert.

Baudenkmäler
 Leitenbergweg 2: Wohnstallhaus
 3 Bildstöcke

Einwohnerentwicklung
Gemeinde Hesselbach

Ort Hesselbach

Wappen
Die Blasonierung des früheren Gemeindewappens lautet: "In Silber ein schmaler blauer Wellenpfahl, vorne eine rote Schafschere, hinten eine rot bewehrte schwarze Bärentatze mit rotem Stumpf".

Religion
Der Ort war ursprünglich rein katholisch und ist bis heute nach St. Aegidius in Lahm gepfarrt.

Vereine
1991 wurde die Dorfgemeinschaft Hesselbach als Zusammenschluss aller Vereine gegründet. Im Ort gibt es einen Musikverein und den Sportverein SSV Lahm-Hesselbach.

Literatur

Weblinks

 Dorfgemeinschaft Hesselbach

Einzelnachweise

Geographie (Wilhelmsthal)
Ort im Landkreis Kronach
Ehemalige Gemeinde (Landkreis Kronach)
Ersterwähnung 1338
Gemeindegründung 1818
Gemeindeauflösung 1978
Dorf

redpajama_set_name: RedPajamaWikipedia


text:
IgA-specific metalloendopeptidase (, immunoglobulin A1 proteinase, IgA protease, IgA1-specific proteinase, IgA1 protease, IgA1 proteinase) is an enzyme. This enzyme catalyses the following chemical reaction:

 Cleavage of Pro-Thr bond in the hinge region of the heavy chain of human immunoglobulin A

This enzyme is present in several pathogenic species of Streptococcus.

Other species, for instance bacteria that cause meningitis, gonorrhea, some cases of pneumonia, sinusitis and ear infections also produce an enzyme that cleaves IgA, but this is a serine protease and is metal-independent.

References

External links

EC 3.4.24


text:
Law on Aircraft Mortgages: Aviation Lawyers in Dubai
Aircraft Mortgages
Published on : August 2016
Author(s): Rekha Panchal ,Sunil Thacker
STA's team of aviation lawyers discuss the technical aspects surrounding aircraft financing, mortgages, governing law and court precedents under global context.
An economy's financial markets are critical to its overall development. Banking systems and stock markets enhance growth and development, the principal factor in poverty reduction. A well-developed and supported financial system should improve the efficiency of financing decisions, favoring a better allocation of resources and thereby economic growth. Likewise, planned legal reforms play a pivotal role in the overall development of financial markets. Economic growth, in other words, is conclusively linked to i) cost reduction; ii) increasing the availability of finance, and iii) promoting economic restructuring[i]. This effect is greater for those players who rely heavily on external financing as against resorting to retained earnings[ii]. The aviation sector is a perfect example of this kind of industry players. Aircraft financing has evolved (especially) over the last decade. What used to be gasconade of super wealthy in the past is today no longer deemed alluring extravagance.
A careful, well-planned and structured framework for secured transactions reflects a crucial step in improving access to credit and increasing credit for financing equipment. Aircraft financing can be complex on account of varied reasons. These include i) the fact that aviation industry is heavily regulated; ii) conflict or incompatibility of laws in foreign countries compared to domestic regulations thereby creating enforcement problems for secured creditors; iii) ownership and registration provisions (see below), and iv) operating restrictions to name a few. The Blue Sky case and issues raised due to the choice of law is only a tip of an iceberg, and there are various other aspects that a lender must consider while entering into aircraft mortgage. To repossess the aircraft on default of payment by preventing de-registration from the jurisdiction where the aircraft operates is the key function of the Mortgage. Despite the fact that attempts have been made to protect the rights of financiers at international level by Cape Town Convention; there still exists - a lacuna due to the contradictory lex registry or differences in local law mortgages.
The Chicago Convention of 1944 on International Civil Aviation (the Convention) deals with registration of civil aircraft (and; not state aircraft). The United Arab Emirates accessed the Convention on 25 April 1972 and South Sudan is the latest entrant as of 11 October 2011. In 2013, the President of the ICAO Council invited Taiwan to participate in the 38th ICAO Assembly, but Taiwan has not yet formally accessed the Convention. Article 18 of the Convention proscribes aircraft from registering in more than one state, and further Article 19 sets out that registration of aircraft in any state shall be by such state's laws and regulations. In the United Arab Emirates, the UAE General Civil Aviation Authority (the GCCA) issues timely 'Civil Aviation Advisory Publication' (the CAAP) outlining Guidance on Aircraft Registry Requirements. The CAAP applies to all UAE operators and persons or entities holding legal interests in registering or de-registering civil aircraft in the UAE Civil Aircraft Registry, as well as entities that require registering interests on International Registry in Mobile Assets for which the UAE is the State of Registry. In contrast, in the UK an aircraft register is maintained to record names of operator or charterer by demise (for instance, lessee of aircraft) and the United States supports registration of owners which is limited to US Persons or entity. The Convention has had a bearing on Blue Sky One Ltd & Ors v Mahan Air and another[iii] (the "Blue Sky case").
This article is structured to reflect the considerations that aircraft financier must deliberate on and consider while structuring the aircraft mortgage transaction:
1. Ownership Provisions
Adequate planning and initial diligence are important in establishing and determining aircraft ownership. Private jets and charter flights are registered in individual names or under the name of a special purpose vehicle (the SPV) or free zones. The laws vary significantly in different jurisdictions when it comes to ownership as discussed above. In India for instance, registration of such aircraft under an off-balance sheet vehicle such as overseas SPV is unlikely to be accepted. Likewise, the Federal Aviation Administration in the United States registers and hangars aircraft in the name of US Persons or US entities. Non-US owners are required to appoint a trust company, and such trust will hold the title to and in the aircraft on behalf of such foreign owners. In the case of true lease form of arrangements, the lessor must be identified and registered as the proprietor on FAA's register.
In the event where the lease does not constitute a true lease, the registered owner shall be the lessee. This gets more complex when dealing with mixed-use leases as FAA may raise a concern and treat such mixed-use as a conditional sale. In the case of mixed-use and based purely on the author's experience, it is advisable to obtain a written opinion from FAA's legal division before closing.
In cases where aircraft are registered under an SPV, the SPV will enter into the security financing documentation which typically includes an aircraft sale and purchase agreement, a loan facility agreement and security documentation. The security package must include:
An aircraft mortgage which shall give the financier inter alia the right to sell the aircraft on default by way of security over the aircraft. As mentioned above, it may not be possible to take local law mortgage over an aircraft as the same is not recognized in any form as a valid type of security in some jurisdictions such as Belgium. In such countries, a financier must consider other forms of security interest and effectiveness of such arrangement to protect its rights. Failing to locate some arrangement protecting the enforcement of security interest, one must refrain from financing for the transaction involving countries having ambiguity over the enforcement right of security interest;
The loan agreement with SPV guarantee from the parent company or beneficial owner as guarantor is prudent. Such a guarantee is to ensure remedy against the ultimate beneficial owner of the SPV which is usually a limited liability entity or high net worth individual. This will ensure SPV's co-operation to realize financier's security over aircraft. Further agreements include multi-party agreements or security assignments of the SPV's and/ or operator's rights under the various contracts relating to the maintenance and operation of the aircraft, for instance, the operating or management agreement, maintenance arrangements, and insurance policies over the aircraft and assignments of manufacturers' warranties.
Other means to ensure security is to have charge over shares in the mortgagor which is usually SPV or even taking charge of a share of the company acting as a guarantor i.e. parent company. The entity or person giving charge may not be the borrower but must be the owner of the shares in the borrower. The legal advice on laws of the jurisdiction of the borrower for rights over the charge on registered shares as contrary to bearer shares must be obtained.
The multi-party agreement must be drafted if the aircraft is registered in a jurisdiction which is usually not considered creditor-friendly jurisdiction. The multi-party or tri-party agreements can aid financier to ensure that operator undertakes to act on financier's instruction. The agreement between financier, operator, and borrower is to ensure that the operator shall fly the aircraft to lender friendly jurisdiction as per the instruction of financier to make security interest easily enforceable in case of default.
2. Place of Registration
Careful consideration should be given to registration of the aircraft (that is, to be financed) must be made. Additionally, one must examine whether the financier can record its interest in the aircraft as mortgagee in the state of registration. This is to confirm if the state of registration recognizes the form of a mortgage. It is relevant to note that some countries do not even consider aircraft mortgage as a valid type of security in any form and hence pledge or such other forms need to be considered for the effectiveness of the arrangement. For instance, in the United Arab Emirates, it is possible for parties to register the mortgage with the GCAA. It is also possible to form a commercial pledge over the aircraft and subsequently register the pledge with GCAA.
The Convention deals with the registration of aircraft. As discussed above, the Convention provides that aircraft may only be registered in one jurisdiction at a time. However, the registration of an aircraft may be changed from the register of one contracting state to another. This will govern whether the law of registration or lex situs will apply while enforcing the mortgage. Lex situs means when the title is transferred from an aircraft, the validity of the mortgage or transfer of a moveable asset is determined by the laws of the place where that asset is physically situated at the time of transfer i.e. t the time of execution of the mortgage.
3. Choice of Law and Laws Governing the Aircraft Mortgage:
Aircraft mortgage rights can pave way for complexities when dealing with varied jurisdictions. Some jurisdictions may require mandatory registration of mortgages in order for mortgage rights to be effective. Accordingly, place of registration is considered a valid conflict of law applicable which is called lex registry; some states consider lex loci actus (the law of the country of the instrument of transfer) whereas some consider lex situs such as England. Some jurisdictions apply laws of the place where the debtor is incorporated or where the mortgage is executed and delivered i.e. the proper law of the transfer.
Usually, English law and New York laws are a common choice of law for foreign law mortgages as they are perceived as a creditor-friendly. Choosing the laws other than the laws of registration (foreign law mortgages) which is called local law mortgage needs contemplation on the issue of the enforcement of security interest. Hence, aircraft financier as a mortgagee should seek local legal advice to ensure that the aircraft mortgage is valid and enforceable in the jurisdiction where it is likely to be enforced. For instance, under English law the concept of lex situs is applicable. Accordingly if one wishes that the English law must be applicable to the mortgage transaction then as a matter of prudence the aircraft must:
i. be situated in UK; or
ii. be in international airspace during the execution of the mortgage or when the transaction closes; or
iii. if this is not practical to be performed, the financier must obtain an opinion from aviation lawyers of lex situs where the aircraft is located during the transaction closure to confirm whether such jurisdiction recognizes the validity of English law mortgage. It is pertinent to note that some jurisdictions do not recognize English law mortgage. For instance, France and Switzerland are some of the jurisdictions which do not accept English law mortgage.
iv. In view of the above deliberations, the aircraft financier must obtain legally enforceable and effective security over the aircraft in every relevant jurisdiction.
Considering the above contemplations it is suggested that the security must be taken under Cape Town Convention, however, the borrower must be located in the contracting state. Otherwise, it is recommended to a mortgage under the laws of registration specifically when aircraft is physically situated in that jurisdiction. Other means to protect security is to take foreign law mortgage under English or New York law if the same is recognized in other qualified jurisdictions or to depend on the shares of the SPV borrower company on which the financier have security to repossess the aircraft on default. This way the lender can seek the sale of aircraft by instructing the borrower to enter into a sale agreement with the third party which provides for payment of sale proceeds directly to the lender. The suggestions need to be considered on cases to case basis with jurisdictional laws considering the factors stated in the article.
[i] See A. Saunders & I. Walter, Proposed Unidroit Convention on International Interests in Mobile Equipment Applicable to Aircraft Equipment through the Aircraft Equipment Protocol - Economic Impact Assessment, (A Study prepared under the Auspices of MSEAD and the New York University Salomon Center, September 1998)](1998) 23:6 Air & Space Law 339-416
[ii] See Evolution of Aircraft Finance Law - Considerations of the UNIDROIT Reform Project Relating to Aircraft Equipment, Yan Wang; page 1
[iii] [2009] EWHC 3314 (Comm) and [2010] EWHC 631 (Comm) – the case was heard in two phases.
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You are currently browsing articles tagged un.
The vast majority of the over 100,000 UN uniformed peacekeeping personnel perform their jobs with courage, dedication and professionalism. Yet those who do commit sexual offences bring shame on the entire UN system and betray the trust of those that they have been sent to protect.
There is a need for system-wide reform to ensure that such abuses cannot again occur with widespread impunity. University of Reading researchers and Keeping Children Safe are forming a proposal for such reform (details on our website) and the project will be showcased during our ESRC Festival of Social Science events next week.


text:
Q: Unsubscribed app is still active! I've cancelled a subscription in my iphone but it is still showing in my subscription list! Apple says "If you don't see Cancel Subscription, the subscription is already canceled and won't renew.", so why should it be shown 'active'? I'm afraid it's not canceled.
How can I remove it totally? I have even removed the app. what should I do to get rid of it?

A: According to Apple:

Tap Cancel Subscription. If you don't see Cancel Subscription, the subscription is already canceled and won't renew.

You stated you don't see the Cancel Subscription button so that means it's already canceled. Cancelling means that it won't renew now at the next interval. If you want to be very safe to double check, you could reinstall the app and delete it when connected to the internet. Apple will ask if you want to cancel the subscription when you delete an app with an active subscription.

*

*https://support.apple.com/en-us/HT202039

redpajama_set_name: RedPajamaStackExchange


We are proud to be a recommended caterer at numerous venues throughout South Wales.
Listed below are a number of venues that we have had the pleasure of working with during the past 13 years. Whether you are looking for a historic backdrop, something more modern, or picturesque outdoor space to place a marquee, there really is something for everyone.
For more information on these fantastic venues, please don't hesitate to contact us. If you contact the venues directly, we would be grateful if you would quote Ej Catering as your information source.
We are also very experienced at working discreetly within people's homes as part of our private catering service (and we always strive to leave kitchens tidier than when we found them!).
Insole Court, a gothic Victorian mansion and gardens nestled in the leafy suburbs of Llandaff, Cardiff, is a 160-year-old house with a rich and fascinating story. Once at risk of being forgotten, it was saved by the community and reopened to the public in 2016.
Originally home to the Insole family, who were pioneering coal-shippers and mine-owners, railwaymen and docksmen during the three generations of Welsh Steam Coal's dominance of world industry; the house and gardens are now in the hands of a charity, the Insole Court Trust. The venue now hosts a wide variety of events, classes and activities, with rooms available for hire in both the mansion and the restored Stable Yard.
As of 2018, Insole Court is now a fully licensed wedding venue, able to offer an intimate wedding experience to couples looking for a venue rich in Welsh history and timeless elegance. The gothic architecture, set against Victorian pleasure gardens, offers a perfect backdrop for a special celebration, just a stone's throw away from the city centre.
Insole Court offer a series of different wedding packages and are able to work closely with couples to create bespoke packages for smaller or alternative weddings.
Located on the beautiful Penarth Esplanade, the Pavilion is the perfect setting for your wedding ceremony and only a 20 minute drive from Cardiff. The Pavilion sits on Penarth pier with far reaching views across the Bristol Channel, towards the Somerset coast. The combination of the Victorian Esplanade and the breath taking views, the Pavilion is the perfect setting for your special day.
The Gallery is a beautiful and unique open space located in the centre of the building, with a tall ceiling and large high windows allowing the natural sunlight to flood in as you say your vows and celebrate with family and friends.
The Pavilion is available all year round. You will have access to our Observatory with a balcony overlooking the channel and the pier itself, which is a fabulous back drop for those magical photos.
Whether you're looking for an intimate ceremony with your nearest and dearest or you want a grand affair with over 100 guests, the Pavilion is the perfect place for your wedding day.
Nestling at the foothills of an iron-age fort, family run Rosedew farm lies in a secluded valley leading right down to the beach. With it's own function hall, it's a stunning location for weddings, corporate events, fundraisers and family occasions.
Woodbank is the ideal venue for your wedding celebration or special event, situated on the banks of the River Usk. Approached through a sweeping tree lined drive, the house is set within 20 acres of its own mature grounds and fields enjoying panoramic views of the Usk Valley.
Exclusive use of the house and its grounds will ensure you will have a boutique venue, tailor made for your bespoke wedding celebration, in all seasons.
Woodbank offers an intimate and personal environment for your special occasion at a venue that is new for 2019.
Approached by a tree-lined driveway and with views over the Severn estuary, this beautiful villa is available as an exclusive use wedding venue in which you can create your perfect wedding day and create lifelong memories.
St Tewdrics House is owned and run by husband and wife Geraint and Sara Thomas and their family.
There are no specific wedding packages or corkage fees at St Tewdrics, this gives you the flexibility to tailor your wedding to suit your individual needs enabling you to create the wedding of your dreams.
Located in South Wales' beautiful Brecon Beacons National Park, Treberfydd House is widely regarded as one of the finest examples of a country house built during the Gothic Revival movement of the 19th Century.
Home to the same family since it was built in 1852, the Grade 1 listed house sits within 10 acres of private gardens and woodlands, offering the perfect back-drop for a wedding or family celebration.
This established fishery is on the western outskirts of Cardiff within 15 minutes of Junction 33 of the M4. It is situated in the beautiful open countryside of the Vale of Glamorgan in the small village of Dyffryn. Facilities for weddings, hospitality and parties with a full drinks licence, club-house and marquee.
Built in the early 12th Century, Ewenny Priory is a fortified Benedictine Priory described as the most complete and impressive Norman building in Glamorgan.
Available as an exclusive event or wedding venue, it offers a peaceful and unique space within its fortifications. The venue has room to accommodate a Marquee for up to 200+ guests and ample parking out of sight of the main venue area. Guests are free to wander around the gardens and towers within the Norman fortifications and there are plenty of locations, including the historic Deer Park, which make a great backdrop to photographs.
Cardiff's best kept secret, Situated just a few miles from the centre of Cardiff, this beautiful estate was once home to Welsh kings.
Full of historic resonance this idyllic and versatile venue plays host to a wide array of events. Renowned for its superbly crafted Old Hall, the venue can also house marquees on its immaculately manicured lawns overlooking a serene woodland setting.
The Great Hall is available for a civil ceremony and a reception and/or an evening event every day.
The Great Hall holds a maximum of 200 people for any function. For a formal seated function, a maximum of 150 is recommended.
To find out more, enquire about availability and make a booking please contact the commercial team on 01443 336106.
At Gileston Manor you can create the wedding of your dreams with the backdrop of our stunning Grade II* Listed Georgian manor house, exquisite gardens and our glorious Mughal Marquee.
Gileston Manor is exclusively yours for your wedding day, and we encourage you to decorate the venue to your own individual style. We will be onsite to help with anything you may need to create the day of your dreams with the highest attention to detail.
We believe that your wedding day should be a truly special occasion in a truly special location.
Alternative Events developed from years of working on the uk festival circuit. After running Cafe's, Bars, organising small festivals and creating large-scale public artwork, creative events for private clients were the next step.
If you're looking for an impressive space to hold your event in South Wales, look no further than The Royal Mint Experience. A unique and adaptable space, our venue offers every visitor an experience to remember with a variety of areas for hire.
The Sugar Loaf Barn is a family run luxury holiday home, with every comfort considered, perfectly hidden in the Brecon Beacons National Park just a few miles from the beautiful historic town of Crickhowell and picturesque Abergavenny.
Nestled in a small valley in the glorious green Vale of Glamorgan, your wedding party will be very private. A short walk through the fields to the picturesque village of Pendoylan, your country setting is assured, but with close road links to the A48 and M4.
Just 5 minutes from the M4, access to Cardiff takes just 10 – 15 minutes, and Cardiff International Airport is a 20 minute trip. From Cardiff take the M4 Westbound. From Swansea take the M4 Eastbound. Turn off at M4 Junction 34, heading towards Pendoylan. Before the main village is a hamlet called Clawdd Coch. At the cross roads turn left, and follow the lane down the hill. The Secret Garden at Duffryn Mawr is on the right hand side at the bottom of the hill.
The oldest and largest vineyard in Wales, proud of both its wines and environmentally friendly surroundings. Chickens, ducks, wild pheasants and even lama's roam, and the vines are treated with organic material. Located just outside Cowbridge, it is a perfect setting for weddings and private parties – plus the sparkling wine is grown on site.
This charming old mansion in Monmouthshire is suitable for weddings, murder mystery weekends and private parties. There are many reception rooms available, such as the Banqueting Hall and the Oak Room to choose from, as well as extensive grounds with beautiful views. The house is licensed for civil ceremony.
Nash Point is licensed for intimate civil ceremonies with up to 25 guests on the 4th floor. It offers a stunning backdrop for photos and there are various reception arrangements available.
The Tramshed is Cardiff's newwest live music, club music, and entertainment venue. Set within a historical building of great cultural significance, the venue is the centre piece of a brand new creative hub in Cardiff city centre.
Porthmawr is a regency house in the heart of Powys with 14 beautiful , individual styled bedrooms, licensed for marriage ceremonies, with 3 acres of grounds and stunning views.
This privately owned Grade 1 listed house has been home to the same family since it was first built in about 1666. In 1992 Gavin and Davina Hogg, with their two sons, moved in and opened up the house and grounds for the first time in its history.
Over the years we have catered for a number of large and diverse range of clients, including Welsh Assembly Government for the True Taste Awards 2009 and 2010, BBC for Proms in the Park VIP Tent, banks, local authorities, newspapers, advertising companies, schools, financial institutions, government departments, retail outlets, manufacturers and engineering companies.
Some of the companies we are currently creating food for are, Graig Shipping PLC, Deloitte, Dolmans Solicitors, Darwin Gray, Barclays Bank, Capital Law, Cardiff Waterside and Development, Cardiff University, Thomas George Hospice, Royal College of Nursing, Wales Tourist Board. We have catered for the Design Awards for 2007 and 2008 in warehouses and old bank buildings, and have even inaugurated the last three High Sheriffs!


At Downtown Dentistry, our friendly, caring, and energetic dental staff is committed to making you and your family feel comfortable while at our office. We strive to provide you with the high-quality dental care and respect you deserve. Our staff is here to serve you and with their many years of dental experience you are sure to have a positive experience.
At Downtown Dentistry, our philosophy is very simple: we treat people the way we would like to be treated; with honesty and compassion. We strive to provide cutting edge scientific evidence based care in a comfortable environment. Your health is our top priority and our goal is to provide you with the tools to get you back to good total health. We approach your dental health in a proactive method of recognizing potential problems and stopping them before they become a painful and expensive problem for you.
Downtown Dentistry is not your typical dental office. We value our community and the people who make it; our patients. At Downtown Dentistry, you will find that our staff members are a part of our communities and are a familiar face. We like to treat each other like family and our practice as a home. We hope that you have a sense of belonging and our office feels like a home away from home when you visit us. We are not a chain: we are your neighborhood dental practice. We love getting to know our patients and always look forward to seeing you.
We understand that not everyone has had pleasant experiences at the dentist at some point in their life and we want to do everything we can to make going to the dentist a good experience for you. This can only be achieved through trust and that is what we hope to build with you every day at Downtown Dentistry.
When choosing a dentist, you want someone that you can trust, expect to be given the highest quality of dental care, and be treated with respect and you will find that at Downtown Dentistry.


text:
Q: Server name of apple for push notification testing in Production What is the apple server's/host name for push notification testing of iPhone in production mode?

A: For production:
gateway.push.apple.com, port 2195

For development:
gateway.sandbox.push.apple.com, port 2195

Note: Every app generates different pushtokens for production and development mode. Don't send the same one to both.
Source: Apple


text:
Corporate Health & Fitness
Employers Safety Tips
Hazard ID
OH&S Consulting
HR3 – HR Management Solution
inductPro Online Safety Induction
Worksafe Training
Need Help With WHS?
By Editor on July 04th, 2014
LOGOSS Delivers Savings to Gladstone Council
Gladstone Regional Council [GRC] has achieved stunning results by taking a proactive approach to safety with the help of LOGOSS software. In the first nine months since go live, the Council has a reported bottom line improvement of $250,000 from the strategic initiatives implemented in 2013 – 2014. It is estimated a further $200,000 has been saved in on-costs in addition to the reductions in reported statutory claims.
Beautiful one day, safer the next.
The Gladstone region in Queensland is home to 65,000 people, the Southern Great Barrier Reef and two of the world's largest alumina refineries, Queensland's largest multi commodity port and a number of other major industrial giants.
Council employs 750 people and wanted to improve their safety management performance but was unsure which way to go. Craig Cousar, OH&S Coordinator for Gladstone Regional Council wanted to upgrade councils systems and align them to Australian standards and go from a paper based system to a real-time, electronic reporting environment.
"We had no succinct way to measure, trend and analyse our data, and it could take weeks before we understood what had happened, so we needed to start a continuous improvement journey," he said.
We were using paper based forms, with data then having to be transcribed into excel spreadsheets where you could spend weeks trying to find a hot spot," he said.
Power to respond
The Manager of People and Performance, Chris Phillips, saw the organisation was still suffering from post-amalgamation in regards to a quality safety management system and that there were potential gaps in comparison to the evolving acts.
"The old ways of dealing with safety were getting tired and weren't actually working any more, we needed to change our thinking around safety and had a clear charter from our CEO to create a safety culture," he said.
"The key to the success has been the engagement of the organization, and it was not just one thing that fixed everything…part of whole suite that said the organization was serious about safety, cared about safety and we were going to invest in safety,"
"Because our previous system wasn't in real time, there was little accountability, as it was all done retrospectively, presenting little opportunity to do any trend analysis.
"We can now see trends we don't like and have been able to intervene faster, with great impact and positive results" he said.
"Our real motivation came from the realisation that we are all managers of safety and therefore all accountable, and it would be unfair of us not to have something in place to make our teams workplaces safer," he said.
As an OH&S Manager, GRC's Craig Cousar knew from experience that for every day someone has off work, it costs council up to three times that wage.
"The LOGOSS system helps us plug those gaps and became the vessel that gave us the data and information to launch and redefine our policy and corporate standards framework, bringing them in line with Australian Standards," he said.
"Once you've set reports up it's a click of a button to get meaningful data showing you the key risk areas, we were able to pull that data efficiently,"
"Our biggest area of opportunity was the combination of lost days and claims and we are now able to tell which departments were having the most lost days, what types of roles they perform, and drill down to see what is going on,"
"We had a common theme with back injuries and we wanted to improve that so were able to spend time looking at a range of programs including mechanical, ergonomic, onsite physiotherapists, helping making our guys fitter,"
"LOGOSS was able to give us that hotspot quicker, without weeks of trawling through data to decipher how to improve our workplace."
Tell it like it is – LOGOSS delivers
LOGOSS was ordered in April 2013 and once the system was configured, tested and staff trained, a go live on July 1, 2013 was achieved. Gladstone Regional Council was able to fast track the process with LOGOSS, due to the fact it is based on the already proven IMS Safety Management System. IMS has been in use for over 20 years and has a robust pre-configuration process which is based on company structure and safety tree process and a very focused development team.
Craig Cousar from GRC explained, "Our outside workforce really like the system and find it easy to use. With no paperwork, they can log an incident from an iPhone or iPad, or once back in the office through a simple set up around seven or eight questions that anyone can fill it out,"
"We were conscious to make it easy to use for a range of literacy levels and tailor to both white collar, blue collar and casual staff," he continued.
Safety first, savings forever.
The results for the 9 months have been nothing less than outstanding.
A combination of system implementation, and strategic resolve to change behaviours and process to managing risk, incidents, return to work, and safety management has resulted in a significant cost reduction and bottom line improvement for GRC well ahead of expected timelines.
As at May 2014, GRC has achieved:
A gross reduction in Statutory Claims of approximately $405,000 on the previous year's results of $470,000.
A net improvement verse the previous year is $255,000 after costs of all initiatives, including the purchase of LOGOSS.
Lost time days in 2012- 2013 were approximately 1000, and in the current year are only 160, year to date.
Reduction of insurance premium in next financial year of $80,000 with further reductions expected in next two to three years of 7.5%.In addition to the reportable reductions in costs, it is estimated that a further 50% of on costs has also been saved, estimated at over $200,000.
"International companies appreciate the world class handle we have on safety and environment in Gladstone," Chris Phillips Manager of People and Performance Gladstone Regional Council
As GRC's stakeholder environment is volatile due to the peaks and troughs of the local industry, Chris Phillips believes GRC provides a stable core that shows the way through leadership and civic responsibility.
"We will never be able to match the dollars that industry offers here, but with 750 employees, we believe they are all advocates of Gladstone Regional Council and understand that we care about the safety of everyone in our region," he said.
"If our staff are not at work , or something happens, we will get them back into the workforce as quick as possible, which has a positive impact on engagement, morale and makes us an employer of choice locally,"
"We know that the longer someone stays at home the harder it is to re-enter the workforce after injury so we have a plan for them to get them back into work, and engaged in their recovery." he said.
LOGOSS director of sales, Craig Nicholls is convinced the complexity of council businesses today means most generic enterprise software systems do not solve the problem. With the expectation of safe governance and accountability from senior management, they are most probably not meeting the 4801 Standard. They cannot process and deliver in real time across the safety team and executive, nor provide fast time response to management. There are serious consequences for getting it wrong, and ignorance is no defence nowadays.
"Councils have an opportunity to leverage new technology to deliver more efficient services, manage diverse operations and utilise knowledge and skills of people across all locations," he said.
"Instead of seeing OHS as a cost, councils can finally claim back some of the time and investment spent, and provide seamless reporting to satisfy even the most stringent compliance requirements
The LOGOSS solution is based on the proven safety management system IMS by Worksafe Management Systems. Want to know more about LOGOSS? Call us on 1300773801 or go to www.logoss.com.au
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Vermont eBird
Adult (acadicus)
© Ana Paula Oxom
Juvenile (acadicus)
Adult (Haida Gwaii)
Northern Saw-whet Owl Aegolius acadicus
Pint-sized owl of the U.S., Canada, and Mexico; found in northern forests and western mountains. Prefers areas with conifers and thick understory. Fairly common, but shy and difficult to see. Patterned with brown and white overall, with streaked white forehead and blotchy rusty-brown streaks below. No ear tufts. Migratory, but numbers of migrants fluctuate greatly from year to year. Named for its loud, repetitive whistles that sound like a saw being whetted (sharpened). Also gives a harsher, rising screech. Most similar to less common Boreal Owl. Saw-whet is smaller with streaks (not spots) on forehead and richer orange-brown streaks on underparts.
Learn more about Northern Saw-whet Owl from…
All About Birds Your Online Guide To Birds And Bird Watching
© David M. Bell
Explore Northern Saw-whet Owl
Juvenile callsPlaying…


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Theoretical analyses of algorithms and their practical implementation.
My research interests focus on the theory of algorithms and computational complexity of mathematically formalized problems, in particular, combinatorial optimization problems such as tree pattern matching and graph data mining. Currently I am also interested in how to easily integrate such theoretical formalization, or models, with empirical knowledge and techniques. I teach students how to evaluate, improve, and renovate algorithms and how to realize them into a running software.
I study the expressions in kana literature in the Heian period such as waka and narratives. My literary research is based on accurately compiled differences between various versions and empirical data aggregated from a philological standpoint. I teach students specific methods necessary for logical inquiry into the nature of the literary work.
Development of statistical theory in multivariate models and its application to practical problems.
My current research interest is theory of statistical inference of network structures in high-dimensional models, such as graphical models, social network models and structural equation models. Recently I am especially interested in inference of causal structure of social phenomena. Further, I also work on the application of these theories to practical problems.
Today's advanced information society is not only seeing overflow of data but also its complexity. People solve various problems by collecting information from such data and acquiring new knowledge through using them. I teach students the skill to store, search and use appropriate data for solving the problems they deal with.
I work on the development of a theoretical model explaining various syntactic phenomena in natural language. Furthermore, I examine the validity of the theoretical model by experimentally testing the hypothesis about linguistic competence and performance.
I study educational matters in modern Japan from the view of historical sociology. My research subject is to clarify values on ability in Japanese Society through analyzing discourses on examinations in school, especially enrollment examinations. In reference to this theme, I am also interested in people's consent about social status, which is complicatedly composed of gift, effort, capability, fortune, and so on.
I am engaged in the study and description of Japanese language both in written and spoken forms. I am trying to work out a computational model of grammatical and semantic resources applicable to analyze large corpus, which allows us to improve information retrieval and conversational agent systems.
I conduct research on the problem-solving methodology and techniques using data science and corpus in a broad sense including the Internet. My teaching fields are date science, machine learning, text mining include stylometry and quantitative corpus study, quantitative analyses of various text data such as newspapers, blogs, word of mouth, social networks, Twitter and lyrics, and development of methods, algorithms and tools for related data analyses.
My primary interest is in developing a general theory of word formation and the lexicon with special focus on the interaction of compound and complex predicates with morphology, syntax, and semantics in Japanese, English, and other languages. I am secondarily concerned with the international promotion of Japanese linguistics and with academic contribution to the society including language learners.
I conduct research on numerical analyses of differential equations describing cultural phenomena. I also work on the modeling of evolution of cooperation in the prisoner's dilemma game on lattice space using the game theory and its computer simulation analysis. I teach students various types of mathematical modeling and simulation modeling concerning culture and society.
I aim to empirically clarify the structures by which musical phenomena spreads and changes from a quantitative viewpoint. In concrete, developing technology that supports discoveries and analogies about the characteristics and effect relationships hidden in culture, and creating structures that allow us to understand phenomena that are behind the data. The knowledge and methodologies I provide to carry out each project are not limited to music or classics: they are highly versatile and can be applied to other fields, such as fine arts, iconography, social sciences and geopolitics.
My main interest lies in understanding religion of the people in the past and how they expressed their belief through the art. My current work focus on the art of Shinto-Buddhist syncretism, especially in Koyasan area, known as the center of Japanese Shingon esoteric Buddhism. I am also interested in ancient East Asian musical instruments. We lost some of them, but the images remained in the arts such as Buddhist sculptures and paintings, and they give us useful hints to solve the mysteries of ancient times.
My research interests lie in the areas of human perception, memory, and cognition. Specific topics of interest include object recognition, scene perception, statistical learning, and shitsukan (material perception). I have also been exploring cognitive neuroscience using the technique of functional magnetic resonance imaging to elucidate the neural basis of human behavior.
I examine the mental state and thinking process of those who express in interpersonal communication through the integration and complementary relationship of verbal and non-verbal aspects. I also research the mechanism of humans' acquisition of physical skills based on the verified data of physical movements, and specifically demonstrate the process where humans learn movements through mimicking as a skill inheritance model.
I specialize in the comparative research and theory construction in Asian languages, as well as the mechanism of linguistic change through language contact. I teach students how to analyze linguistic data with a linguistic method and put the results together in a verifiable way, and provide them with the practical skill of linguistic data analyses using the inductive or deductive method.
I approach the issue of the functions and anti-functions of diagrammatic representations from the viewpoints of both logic and psychology. I use the method of mathematical logic to form hypotheses on how diagrammatic representations express information and how they help our thinking and understanding. The hypotheses are then tested through psychological experiments.
I compare and examine different effects that various multimedia information environments with high realistic sensation bring to humans. My research interests also include effective interaction between computerized systems and humans, and non-destructive and high-precision digitization of information contained in a cultural heritage and displaying it with high realistic sensation.
My recent research focuses on the cognitive mechanisms of reading diagrams such as tables and graphs. In order to read a diagram properly, we need to rely on conventional knowledge about how the diagram is constructed and how it corresponds to the external world. How we recognize objects and patterns in such cultural context is examined using a psychological method.
In response to the issues raised by Yoshihiko Amino and Susumu Ishii on the study of medieval cities, I study the dynamics of medieval society from the viewpoint of regionality and spatial structure and through the reconstruction of historic landscape synthesizing a variety of non-textual information such as historic ruins, geography and paintings. I also study the universal method of historical research using computerized non-textual resources.
I study how the cultures of different countries are expected to be merged and reorganized in the increasingly globalizing contemporary society and how human cultural activities are being rewritten. I teach students how to extract behavioral data from image, music, fashion and literature of different cultures, how to form their influential relationship and how to compare and contrast them.
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My research interest lies in phonetics and phonology, which are subfields of linguistics. I address issues such as how speech sounds are produced and perceived, what acoustic properties they have, whether there are regular patterns in their alternations, and whether speakers are psychologically aware of such patterns. I often use corpus-based and experimental approaches.
Human activities consist of coordinates on the temporal and spatial axis, and each phenomenon there is normalized by the thematic axis called behavior. I provide students with the skill to computerize various human behaviors from a phenomenological viewpoint, and the methodology to evaluate the phase of spatio-temporal connection and interpret human behavior.
I examine the structures of cultural and social phenomena by applying direct and inverse problems of differential equation to describing them. I encourage students to find rules inherent in various cultural and social phenomena and review the data science method and the mathematical analytical way of thinking to approach its mechanism, in addition to teaching them these mathematical foundations.
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My research interests focus on the application of acoustic and visual information to area studies. I conduct field research on the gong culture of ethnic minorities in the Central Highlands of Vietnam. I study how they make, distribute, tune and play gongs associated with the social, cultural and spiritual context. I use audiovisual media to collect, analyze ethnographic materials in the field and edit them into audiovisual works such as field recordings and ethnographic films.
As bio-phylogenetics reconstructs history with the "ancestor-descendant" relationship, a phylogenetic point of view is necessary in the context of culture and language in order to reconstruct the past. For non-superficial, deep understanding of cultural phenomena, one must have a mathematical viewpoint and experience the actual culture. I teach how to analyze brain waves and music based on data analyses.
In addition to sociometric theory, my current study is focusing on various social issues and cultural phenomena including consumer behavior, pro-environmental behavior, organizational culture and cross-national comparison of identity and values. I provide students with the method of data science for investigating collective patterns of human behavior based on the survey data.


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Wile E Bolton. Supergenius!
I don't much like John Bolton. I don't like his politics, I don't like his superior attitude, I don't like his opinions, I don't like his free abandon to send other peoples sons and daughters to war, and I don't like that goddamn mustache, which mostly looks like something you'd use to clean out the bottom of the bird cage, which is why shit comes out of Bolton's mouth every time he opens it. But all of that being said, if there's one thing that I don't think about John Bolton. And I don't think that he's a stupid man.
John Bolton had quite the weekend, didn't he? On Saturday it leaked that he had sent a manuscript to the White House, in which he stated that His Lowness had personally told Bolton that not a penny of Ukraine aid would flow until Ukraine stated publicly the investigations into the Biden's and Burisma. Which of course caused Traitor Tot to suddenly spit out a half a mouthful of Super Size fries, grease up his stubby twitter thumbs, and screech out his disdain for all things Bolton.
Quite a coup for John Bolton, eh? In one unfounded rumor, he not only forced a hysterical response from The $1 Store Caligula, he managed to reinsert his own name back into prominence in the national discussion of the Trump impeachment trial. Remember what I said, I don't believe that John Bolton is a stupid man, and with this move, he is rapidly approaching brilliance, at least from a marketing standpoint.
People are missing the critical word here. In the article, it said that Bolton had sent a manuscript to the White House, with his explosive allegations. As a self published author, I know the difference. A manuscript is not rough musings. A manuscript is not a rough draft. A manuscript is a finished product! A manuscript is sent to a person quoted in, or the subject of a portion of the book, allowing them to read the content, and provide an explanation or rebuttal to the information contained in the manuscript. John Bolton's book is fucking ready to go!
Which means that John Bolton wants to testify in front of the Senate the way an itchy dog wants a flea collar. John Bolton desperately wants to testify to the Senate, to lay out his explosive allegations, knowing that the Senate can question him only on the subject of the allegations in the two House articles of impeachment! Which means Trump's Ukraine phone call, the extortion attempt, and his subsequent obstruction of congress. And then John Bolton can go on every cable network and Sunday news show in the country, and pitch his book, slyly referring to all of the really, really
juicy shit from his time in the White House that he didn't testify to in the Senate trial. And it will work like a charm.
Donald Trump has spent his entire life promoting himself as the zen Master of branding. But in John Bolton, The Pampers President has finally met his match. John Bolton is going to do everything in his power to use Trump's branding to push his own brand for his upcoming book. And it don't get much slicker than that.
Originally posted on Politizoojm.com
To know the future, look to the past. before the insanity of the 2020 election, relive the insanity of the 2016 GOP primary campaign, and the general election, to see how we got to where we are. Copies of President Evil, and the sequel, President Evil II, A Clodwork Orange are available as e-books on Amazon, at the links above. Catch up before the upcoming release of the third book in the trilogy, President Evil III: All The Presidents Fen
Joseph "Murfster35" Murphy is a lifelong liberal political junkie. Being born and raised in Chicago, he is no stranger to bare-knuckle politics.
Inbolton, supergenius
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RASHMI OBEROI | 16 MAY, 2019
Hope Amid Gulmohar Petals
The hope remains
This morning, the streets and paths were red with Gulmohar petals and the treetops a fiery red. The flowers always remind me of the days of yore – of prose, poetry and puppy love. Intermittent showers may have brought down temperatures for the common man but in political circles the heat is on and dirt being flung around.
The smouldering temperature in the month of May gets a reprieve through the early morning breeze, the melodious singing of the summer birds, the intoxicatingly sweet smell of flowers and the red fire in the skies thanks to the blooming trees. The red 'flame' is indeed a treat to the eyes.
Walking along the bustling lanes later in the day, one might just be able to ignore the rising temperatures the city is facing this summer. Between the traffic signals and the chaotic junctions are plumes of flaming Gulmohars. Discovered in the 19th century in Madagascar by botanist Wesnel Bojer, the Gulmohar is flamboyant when in bloom, as the world's most colourful tree.
For several weeks in summer, the tree is covered by exuberant clusters of flame-red flowers, which on closer examination are striking: they have four spoon-shaped scarlet or orange-red petals and one upright slightly larger petal which is streaked and marked in yellow/white. The Gulmohar is naturalised in India and is widely grown as a street tree for its umbrella-like canopy and of course for its stunning flowers.
The busy day ahead and the realities of the elections in our country come to fore as one meanders through traffic and multitudes of people… The mind is boggled by all the hate and slandering… We hit a new low each day with the tone and tenor that is shrill and jarring.
Sporadic conversations discuss the travails of a dry spell and the fear of drought looming large. Ironical as it might sound, most civic and construction agencies are pleased as punch as the long dry period is not testing the drainage system and those involved in construction activities are able to continue their work without any problem.
One brief heavy shower late last month had flooded many areas as the drainage system came to a full-stop and had made visible the arrangements made for the onslaught of monsoons in poor light.
With the 'clouds' providing a glimmer of hope every now and then, and then blowing away under the gust of strong winds and the rains playing truant, it appears to reflect the current state of our country. These elections will be remembered for the vitiated atmosphere under which it was fought, with all parties indulging in vicious name calling and blatant attempts to polarize the voters.
Poll rhetoric during elections is normal in India but this time the levels were often personal and below the belt, leaving the rest of the country aghast, disappointed and wondering where the political discourse was heading.
A large part of the problem can be traced to the fact that most politicians are either semi-educated or minimally educated having suspect degrees that are more a formality than any educational value. It is a fact that despite consistent efforts for changing the face of the country, much remains to be done.
But it is to be realised that the deeper the inherited malady, the longer it takes to put things right. The levels of decency has gone down abysmally and political propriety has been thrown to the winds.
Every stratagem to lure the voters to vote them to power is being tried. Their chief weapon of disinformation is speaking of lies. They seem to believe that when a lie is repeated umpteen times, it passes as a truth but the voters are mature enough politically to sift the grain from the chaff.
All this brings us to one conclusion that there is an urgent need for all parties to discuss and debate establishing a minimum standard of protocol in public life that all must ensure and follow, in and outside the Parliament. It is imperative that each party has its own checks and balance, ensuring that its leaders and party cadres uphold a minimum standard of protocol in public life. There also must be no place for violence in any form, is that too much too expect?
While we grapple with all the shenanigans yet again, I do know for sure, there will be a bed of gulmohar petals on the streets once again tomorrow, bringing with them the faint flicker of hope and the freshness of a new dawn.
When the green woods laugh with the voice of joy,
And the green hill laughs with the noise of it.
~ William Blake


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Home › Information › Cases › Julian Roger Herbert v Leonard Doyle & Xerxes Keki Talati (2010)
Julian Roger Herbert v Leonard Doyle & Xerxes Keki Talati (2010)
Julian Roger Herbert v Leonard Doyle & Xerxes Keki Talati (2010)
If, following an oral agreement, the parties still intended to make a formal agreement setting out the terms on which one or more of the parties was to acquire an interest in property, or if further terms for that acquisition remained to be agreed between them so that the interest in property was not clearly identified, or if the parties did not expect their agreement to be immediately binding, neither party could rely on constructive trust as a means of enforcing their original agreement.
The applicant (H) sought permission to appeal against a High Court judgment that an agreement he had made with the respondents (D) concerning land had given rise to a constructive trust in their favour. H and D owned the freeholds of adjacent properties. D leased part of H's property. H wanted to build on his property, but to do so needed to exchange some of D's parking spaces for others on his property. The parties made an oral agreement containing nine conditions and H proceeded with the development. A dispute arose over the parking spaces and H brought proceedings to require D to complete the exchange. The judge found that the agreement had not simply been for an exchange. Instead, he held that if H was willing and able to satisfy the other terms which had been agreed, it would be unconscionable for D to resile from their agreement by refusing to transfer the spaces to him; but if H was not willing and able to satisfy those terms, then it would not be unconscionable for D to retain those spaces unless and until those other terms were satisfied. However, H decided not to exercise that right to obtain a transfer of the spaces by complying with all the other terms of the agreement. D then counterclaimed that if they transferred the spaces and paid the sum in the agreement for H to create an extension to the part of his property that they leased, then he was bound to transfer to them his parking spaces and to grant a lease to them of that extension and another building. The judge found that although there was no written contract for the purposes of the Law of Property (Miscellaneous Provisions) Act 1989 s.2(1), there was, for the purposes of s.2(5), a constructive trust relating to the spaces, the extension and the other building in favour of D as they had relied on the oral agreement to their detriment by allowing H's development to encroach on to their parking spaces. H submitted, among other things, that the judge's decision was not compliant with Cobbe v Yeoman's Row Management Ltd (2008) UKHL 55, (2008) 1 WLR 1752 because the agreement had not been sufficiently certain and there were matters outstanding to be agreed.
If, following an oral agreement, the parties still intended to make a formal agreement setting out the terms on which one or more of the parties was to acquire an interest in property, or if further terms for that acquisition remained to be agreed between them so that the interest in property was not clearly identified, or if the parties did not expect their agreement to be immediately binding, neither party could rely on constructive trust as a means of enforcing their original agreement. In those situations, if their agreement, which did not comply with s.2(1), was incomplete, they could not utilise the doctrine of proprietary estoppel or the doctrine of constructive trust to make their agreement binding on the other party by virtue of s.2(5), Cobbe applied (see para.57 of judgment). There was no doubt, on the findings made by the judge, that D had relied to their detriment on H's assurance since the effect of their acceptance of his assurance was that he had proceeded to build with an allocated parking space encroaching partly on to one of their parking spaces. Likewise, on the judge's findings the agreement was not subject to contract (para.67). There was no doubt as to the identification of the extent of D's interest in the extension or the other building and there was sufficient clarity about the rest of the agreement (paras 68-77). There had been no evidence before the judge showing that the parties knew that their agreement was incomplete (para.80).
Application granted in part, appeal dismissed
Arden LJ, Jackson LJ, Morgan J
LTL 28/10/2010 : (2010) NPC 100 : [2010] EWCA Civ 1095
Amanda Tipples QC


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Daily Archives: March 2, 2010
EDITORIAL: Annals of a Russian Purge
Posted on March 2, 2010 | 17 comments
Annals of a Russian Purge
It sure was amusing, and terrifying, to watch the antics of Russia's so-called "president" Dima Medvedev in the wake of his country's calamitous failure at the 2010 Olympic Games.
First, Medvedev petulantly refused to attend the closing ceremonies in Vancouver, hiding like a child under his mothers skirts rather than face the shame and humiliation of standing with his athletes before a slack-jawed world. How would Russians react if the leader of the country picked to take the 2018 games refuses to be in Sochi at the closing to take the Olympic flag? Hopefully, we'll never know because the IOC will come to its senses and divest Russia of the 2014 games.
Then, Medvedev began calling for the heads of the Russian Olympics leadership team. Not surprisingly, however, he didnt' say a word about the resignation of the man responsible for supervising that team, so-called "Prime Minister" Vladimir Putin, nor did he suggest that he himself might resign. Apparently, Russia's so-called "leaders" don't feel they have any responsibility for selecting incompetent and corrupt fools to run Russia's Olympics program, and therefore need not pay any consequences when that program humiliates the country before the eyes of the world.
Posted in editorial, medvedev, russia, sochi
EDITORIAL: The File on Victor Yanukovich
Ukrainian President Victor Yanukovich
The File on Victor Yanukovich
Victor Yanukovich, the new president of Ukraine, is a moron, a liar and a criminal.
He claims to have earned not just an MA in international law but also a PhD in economics, including writing a dissertation, while serving as the lieutenant governor and governor of Donetsk region. Just as Vladimir Putin openly plagiarized his dissertation in order to get an advanced degree, Yanukovich's academic credentials are shamelessly bogus. Either that, of course, or else he simply was not doing his job as governor and spent all his time furiously studying.
He has an extensive record of convictions for thuglike violence as a youth.
He can't spell the word "professor" and "he has confused poet Anna Akhmatova with his billionaire backer Rinat Akhmetov, the Jewish writer Isaac Babel with the German socialist August Bebel, Slovenia with Slovakia and genocide with genetics. He has called Russian playwright Anton Chekhov a Ukrainian poet and the Helsinki Treaty the Stockholm Treaty."
But you won't, of course, hear any of the Russophile scum railing against Yanukovich the way they do against Georgian president Mikheil Saakashvili. Yanokovich may be a moron, liar and criminal but — they think — he's their moron, liar and criminal. So it's OK.
Posted in editorial, russia, ukraine
Tagged russia, victor yanukovich
EDITORIAL: Pilotless Russia, Drifting towards the Shoals
Pilotless Russia, Drifting towards the Shoals
Scholar Andrew Wood of Chatham House, a former British ambassador to Russia, has published a review of the Putin regime entitled "Ten Russian Propositions" which concludes that Russia is "in ill-piloted drift towards the shoals." He then offers ten blistering arguments to support his thesis, arguments which devastatingly expose the fundamental incompetence, hypocrisy and weakness of the maligant KGB regime that controls Russia using nothing but brute force.
The key points are as follows:
Posted in economics, editorial, russia
Dima drops another Clanger
The always-brilliant Robert Coalson, reporting over at The Power Vertical:
President Dmitry Medvedev picked up a bunch of positive press on February 18 when, apparently in response to the massive numbers of police-abuse scandals that have emerged in recent months, appeared at an Interior Ministry conference and laid down the law. Even fellow Power Verticalist Brian Whitmore and myself were mildly impressed that Medvedev had summoned the power to dismiss two deputy interior ministers and some 13 other police generals. It is the common wisdom that the Interior Ministry is one of those areas of government that Vladimir Putin keeps strictly under his thumb, so it seemed a little odd to see Medvedev making a strike so close to Interior Minister Rashid Nurgaliyev, a Putin protectorate.
Of course, the fact that Medvedev tapped Nurgaliyev to implement his as-yet-undetailed Interior Ministry reform is a pretty good clue that the changes are likely to be cosmetic. "Ogonyok" did a nice series of pieces on the ministry's troubles and noted that "the majority of experts agree that for now the guiding tool in the matter of reforming police structures is not a systematic approach, but a "personal" one. That is, in good Soviet tradition, a reform initiative will just be used to settle political scores and/or provide the background music for a game of Kremlin musical chairs.
Posted in medvedev, russia
Tagged robert coalson, russia
Putin's Stalinist Crackdown on Sochi 2014 Information
Reporters without Borders has issued a blazing condemnation of the Putin regime's outrageous misconduct in repressing journalists, just as Stalin did, in regard to preparations for the 2014 Olympics in Sochi. Why are you so afraid of sunshine, Mr. Putin? What do you have to hide? On the latest RWB press freedom index, Russia ranks a shocking #153 out of 175 nations surveyed. Only 22 countries on the planet, then, have less free media than Russia.
As today's closing ceremony of the Vancouver Winter Olympics turns the spotlight on Sochi, the host of the next Winter Games in 2014, Reporters Without Borders would like to cast its own light on the situation of the news media in this Black Sea city and in Krasnodar, the populous southern Russian province in which it is located.
Sochi's selection for the 2014 Games was given totally uniform coverage in the local media. Press-ganged into supporting the Kremlin policy of "the games at any cost," they never reported the environmental concerns or the protests, such as those by the Imeretinskaya Bay residents facing eviction, except to brand them as anti-patriotic.
But this is just one symptom among many of how the media of Sochi and Krasnodar are heavily dependent on the local authorities.
Posted in journalism, journalists, neo-soviet crackdown, russia, sochi