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Looking ahead
December 2017
The Justice Committee has been busy over the last month, producing its report on the proposed discount rate legislation and resurrecting its inquiry into the proposed increase to the personal injury small claims track limit. It's also been a busy month for the Court of Appeal and the Supreme Court who have been clearing the backlog before the end of the Court Term and have handed down judgments in a number of cases we've been following
In the midst of this, the Civil Justice Council published a comprehensive report on BTE legal expenses insurance, They say the report does not make recommendations but provides material for policy makers and commercial interests to consider in developing BTE services, and for consumers in purchasing them. Legal Futures provides a helpful summary of the report.
The Law Commission has also this month unveiled its 13th Programme of Law Reform choosing 14 topics set for reform. The proposed review of the regulatory framework for road-based automated vehicles is likely to be of particular interest to insurance practitioners.
We look at this month's developments below along with our usual round up of forthcoming cases and issues on the horizon.
Forthcoming cases
Supreme Court
Personal injury: cross border claims. The appeal in Mapfre Mutualidad Compania De Seguros Y Reaseguros SA & Anor v Keefe on whether a Spanish insured can be joined into the English proceedings already brought against the Spanish insurer, was heard on 7 March 2017.
Police: human rights. In Commissioner of Police of the Metropolis v DSD & Anor, concerning the "black cab rapist" John Worboys, the Court of Appeal upheld a first instance decision that the failure of the Met Police to carry out effective investigations into the victims' complaints amounted to inhuman or degrading treatment contrary to Article 3 of the ECHR. The Met Police are appealing and the hearing took place on 14 March 2017.
Update - Accidents abroad: jurisdiction. Following hearings in May and July, judgment in the case of Four Seasons Holidays Inc v Brownlie was handed down on 19 December. The Supreme Court allowed Four Seasons' appeal. It held that before permission can be given for service of a claim form outside the jurisdiction, it is necessary to establish that the claim has a reasonable prospect of success. In this case the claim against Four Seasons lacks reasonable prospects of success.
Police: duty of care. The issue in Robinson v Chief Constable of West Yorkshire Police is whether the police should be liable in negligence following an incident in which the claimant was injured when she became caught up in the arrest of a drug dealer. The matter was heard on 12 July 2017.
Update - Professional negligence: surveyors. The question in Tiuta International Ltd v De Villiers Surveyors Ltd is how the 'but for' test for causation is to be applied as between an allegedly negligent valuer and lender in a re-financing situation. In a judgment handed down on 29 November 2017 the Supreme Court allowed De Villiers' appeal. Read more in our update.
Professional negligence: solicitors. The issues in the Scottish case of Steel v NRAM PLC are whether the majority of the Extra Division correctly interpreted and applied the law relative to the existence of a duty of care or whether the majority have developed a new test; and whether the majority of the Extra Division exceeded the scope of their appellate jurisdiction. The appeal was heard on 7 November 2017.
Update - Procedure: service of claim form. The issues in Barton v Wright Hassall LLP are whether the Court of Appeal erred in upholding the judgment of the courts below that there was no good reason to validate service under 6.15 of the Civil Procedure Rules; whether the Court of Appeal's reasoning breached the appellant's Article 6 and Article 13 rights under the European Convention on Human Rights; and whether the costs awarded by the Court of Appeal to the respondent were disproportionate to the work undertaken. The appeal was heard on 22 November 2017. The Gazette has since reported on the potential implications for the CPR if litigants in person are granted special dispensation.
Occupational disease: actionable injury. The issues in Dryden & Ors v Johnson Matthey PLC are whether the appellants have suffered actionable damage in the form of losses flowing from the physiological changes to their bodies caused by the respondent's negligence; if not, whether the respondent is liable for the losses by reason of a breach of an implied term in the employment contract to keep the appellants safe at work; and/or whether the respondents owed a duty of care to hold the appellants harmless from the purely economic losses sustained. The hearing took place on 27 & 28 November 2017. Read more from 12 KBW
Directors' breach of duty: limitation. In Burnden Holdings (UK) Ltd v Fielding & Anor the issues concern the proper construction of s.21(1)(b) Limitation Act 1980. Is a wrongdoing trustee's direct or indirect control of a company which receives trust property sufficient to engage that section, even though it requires the trust property or its proceeds to be in the possession of the trustee, or previously received by the trustee and converted to the trustee's use? And also the meaning of "unlikely to be discovered for some time" in S.32(2) Limitation Act 1980. The hearing took place on 7 December 2017.
New - The Supreme Court has today (20 December) published details of the cases that will be heard in the 2018 Hilary Term. Of the cases we have been following, two have been listed:
Portal claims: direct offers. The issue in Gavin Edmondson Solicitors Limited v Haven Insurance Company Limited is whether the Court of Appeal erred in allowing the respondent solicitors firm's claim for equitable interference against the appellant insurer to recover its costs under conditional fee agreements after the appellant had compromised the underlying claims directly with the respondent's clients on terms which did not provide for the payment of the respondent's costs. Although we were already aware of the hearing date for this one, the UKSC website now officially confirms it will take place on 5/6 February 2018.
Police: duty of care to employees. The question in James-Bowen v Commissioner of Police for the Metropolis is whether a person who is sued in civil litigation for alleged misconduct by his employees (or others for whom he is vicariously liable) owes those employees a duty of care in the conduct of his defence. The hearing is listed for 6/7 March 2018
Supreme Court cases awaiting developments. We await further official details for a number of cases where permission to appeal has been granted:
Banca Nazionale del Lavoro SPA v Playboy Club London Ltd & Ors concerns a financial reference given by a bank to an agent acting for a club which ran a casino and whether a duty of care was owed to the club.
In Darnley v Croydon Health Services NHS Trust the issue in the Court of Appeal was whether an A&E receptionist owed any tortious duty to provide accurate information to the claimant about waiting times.
New - Permission to appeal has been granted in Perry v Raleys Solicitors, a professional negligence claim concerning the alleged under-settlement of a vibration white finger claim. Read more in this Crown Office Chambers update.
New - Permission to appeal has been granted in R&S Pilling T/A Phoenix Engineering v UK Insurance Limited. The issue in the Court of Appeal was whether motor insurance extended to liability for damage to the property of third parties as a result of fire caused by repair work being carrying out to a stationary car, i.e. whether the repairs amounted to "use" of the vehicle
Court of Appeal
Update - Costs: assignment of CFA. The case of Budana v Leeds Teaching Hospitals NHS Trust on the validity of assigning a CFA was leapfrogged to the Court of Appeal and was heard on 5 July 2017. In a judgment handed down on 5 December the Court of Appeal held that the transitional provisions of LASPO were to be construed such that the additional liabilities were recoverable. Read more in the Gazette
Update - Costs: proportionality. An appeal from the decision of Senior Costs Judge Master Gordon-Saker in June 2016 in BNM v MGN Ltd about the 'new' test on proportionality was leapfrogged to the Court of Appeal. In a judgment handed down last month it was held that the old proportionality test applies to pre April 2013 recoverable additional liabilities. Judgment in the appeals in Reynolds v Nottingham University Hospitals Foundation Trust and McMenemy v Peterborough & Stamford Hospitals NHS Foundation Trust, was handed down on 28 November and it was held that it was reasonable for ATE insurance to be taken out as soon as solicitors were instructed in clinical negligence claims. Read more in the New Law Journal
Update - Bereavement award: cohabitees. In Smith v Lancashire Teaching Hospitals NHS Trust & Ors the claimant had been cohabiting with her partner for over two years when he died as a result of the defendants' negligence. The case involves a challenge using the ECHR to the present position under the Fatal Accidents Act 1976 that cohabitees are not entitled to a bereavement award. The challenge failed at first instance but in his judgment, Edis J invited parliament to reconsider the law in this area. The appeal took place on 7 November 2017 and in a judgment handed down on 28 November it was held that the exclusion of cohabitees from the bereavement award was incompatible with the ECHR.
Update - Costs of provisional assessment: Part 36 offers. The appeal in Lowin v Portsmouth & Co Ltd took place on 5 December 2017 and judgment was handed down on 19 December when it was held that Part 36 and indemnity costs do not trump the provisions for a cap on the costs of provisional assessment. Read more in Litigation Futures
Mesothelioma: breach of duty. In Bussey v Anglia Heating Ltd a widow's claim for damages, following the death of her husband from mesothelioma, failed as she could not prove breach of duty. The judge made it clear that the CA authority of Williams v University of Birmingham (2011) is binding unless and until the Court of Appeal or Supreme Court decide otherwise. The appeal is listed for 23 January 2018.
New - Professional negligence: construction of settlement. An appeal in Khanty-Mansiysk Recoveries Limited v Forsters LLP will take place on 30/31 January 2018. At the previous hearing it was held that a settlement agreement over unpaid fees protected the defendant from a professional negligence claim.
Vicarious liability: connection with employment. Permission to appeal has been granted in the case of Bellman v Northampton Recruitment Ltd where at first instance it was held that an employer was not vicariously liable for an assault committed by its director after a work Christmas party. 12 KBW outline the grounds on which permission to appeal has been granted and you can read more on the first instance decision in our update from last year. The appeal has been given a hear-by date of 18 April 2018.
High Court
Costs budgeting: detailed assessment. We understand that permission to appeal has been granted in the case of RNB v London Borough of Newham where it was held that a reduction in the hourly rate in relation to incurred costs was seen as a "good reason" to depart from an approved budget on detailed assessment. A hearing date is awaited. Read more in Litigation Futures which also reports on a case where District Judge Lumb came to a different decision on the issue.
Update - Discount rate consultation. Following an announcement to the London Stock Exchange on the morning of 7 September the MoJ published its response to the discount rate consultation along with draft legislation proposing that the rate should be set by reference to "low risk" rather than "very low risk" investments as at present; it should be reviewed at least every three years; and the Lord Chancellor should consult with an independent panel of experts. The Lord Chancellor then invited the Justice Select Committee to undertake a pre-legislative scrutiny inquiry into the draft legislation by the end of November. An oral evidence session took place on 1 November in which Lord Keen indicated that the legislation would come into force in early 2018 with the first review taking place as soon as possible thereafter. However civil servants quickly backtracked commenting that the first review is unlikely to happen before the end of 2018/start of 2019. The Justice Committee published its report on 30 November making recommendations that included obtaining further evidence about claimant investment behaviour and that the independent expert panel should participate in the first review. The MoJ has committed to respond within 2 months. Read more about the implications of the report in our update this month.
New – Small claims track limit increase. On 5 December the Justice Committee launched a new inquiry into the government's proposals for raising the small claims track limit for personal injury via secondary legislation. The Committee intends to hold a single oral evidence session early in the New Year before publishing a report. The deadline for written submissions on new points is 22 December 2017 but the Committee will take account of published written evidence that was submitted to the previous Committee's unfinished inquiry into personal injury: whiplash and the small claims limit, and of the oral evidence on this topic taken on 17 February 2017. In the meantime, earlier this month the Commons Library published briefing notes on two related topics: Small claims for personal injuries including whiplash and Motor car insurance.
Civil procedure: disclosure. A Judiciary press release published on 2 November 2017 details proposals for a mandatory disclosure pilot scheme to run for two years in the Business and Property Courts. A Disclosure Working Group was set up in May 2016 to look into widespread concerns about the excessive cost, scale and complexity of disclosure up to with a view to achieving a wholesale cultural change in the disclosure process. "The unanimous view of the Working Group is that a wholesale cultural change is required and that this can only be achieved by the widespread promulgation of a completely new rule and guidelines on disclosure which will apply for the majority of cases proceeding in the Business and Property Courts." Feedback is sought by 28 February 2018. Read more in Litigation Futures.
Driverless technology: House of Lords inquiry. Last month we reported that the government had published its response (pdf) to the Committee's report and the Inquiry homepage now indicates that a debate is awaited. We shall continue to follow this topic in the Automated and Electric Vehicles Bill which continues its passage through parliament.
The following consultations are awaiting official responses:
Reforming the soft tissue injury (whiplash) claims process - Part 2. In February the government published the first part of its response to the Reforming the soft tissue injury (whiplash) claims process consultation. It then incorporated its proposed reforms to the whiplash claims process within the Prisons and Courts Bill which we reviewed in our update earlier this year. Although the Bill's progress ended with the dissolution of parliament we now know that the whiplash provisions will be reintroduced within the Civil Liability Bill announced in the 2017 Queen's Speech. In the meantime a second part to the consultation response is still awaited and is due to look at the outstanding proposals considered, including, the Insurance Fraud Taskforce recommendations, credit hire and rehabilitation. In July, Justice Minister Sam Gyimah gave a familiar response to the question of when a response would be published…"in due course".
Update - Review of Fixed Recoverable Costs. Jackson LJ published his Review of Fixed Recoverable Costs on 31 July. His proposals are to extend fixed costs only in claims worth up to £100,000 along with the remaining fast track cases not yet subject to FRCs. The report is now being considered by the senior judiciary and the MoJ, and a consultation will follow in due course. In September the Gazette reported on doubts that the reforms would be implemented by October 2018. In October Jackson LJ spoke at two events but was unable to say what the government's response would be. He did though hope the MoJ would set out their plans soon. Read more in Simon Denyer's update Latest statements from the Ministry of Justice suggest maintenance of commitments to whiplash and discount rate reform, while action on extension of fixed costs also looks likely. This month the Gazette reports on an ACL survey which found a small majority of the participating costs lawyers are comfortable with fixed costs in fast track claims but that they should go no further.
Update - Fixed recoverable costs for clinical negligence claims. The consultation on fixed recoverable costs in clinical negligence claims was published on 30 January 2017. It sought views on proposals to introduce fixed costs for claims valued between £1,000 and £25,000 and to streamline the claims handling process. In his recent report Jackson LJ acknowledged the difficulties in fixing costs in clinical negligence claims and recommended that the Department of Health and the Civil Justice Council set up a working party with both claimant and defendant representatives to develop a bespoke process for handling clinical negligence claims up to £25,000 accompanied by a grid of fixed recoverable costs. In October MoJ permanent secretary Richard Heaton appeared before the Public Accounts Committee for its Cost of Clinical Negligence in Trusts Inquiry where he confirmed that the government has accepted Jackson LJ's recommendation. These comments were reflected in the report (pdf) that was published on 1 December. We have previously reported on plans by the Department of Health to help protect GPs from the costs of clinical negligence claims through a state backed insurance scheme. This month the DH has launched a non-statutory inquiry following the conviction of surgeon Ian Paterson which will include a review of the issue of insurance cover for doctors working in the private sector; and a ministerial written response dated 20 December confirms that "the Department is now preparing the final response to the consultation for publication".
Review of low value personal injury claims including package holiday claims. On 13 October the MoJ published a call for evidence following their announcement in July of measures to tackle the apparent increase in package holiday sickness claims. The MoJ has already asked the Civil Procedure Rules Committee to consider how these claims can be incorporated within the EL/PL portal protocol so that they fall within the existing fixed recoverable costs regime - they are looking to extend FRC to these claims by April 2018. The MoJ has also asked the Civil Justice Council to consider the rules on how low value claims are handled more generally to try and address the incentives behind the bringing of unmeritorious claims. On the issue of holiday sickness claims, the call for evidence invites views on proposed amendments to the EL/PL portal protocol and data on volumes of such claims. On the wider issue of low value personal injury claims generally, including whiplash, NIHL and gastric illness claims, the MoJ invites views on any issues that should form part of this project, suggesting for example, the nature and timing of evidence, along with any other issues considered relevant. The consultation closed on 10 November and a response is awaited.
Credit hire: model directions. In June, the Civil Procedure Rule Committee issued a consultation on the "model order for directions to be used in credit hire cases". Acknowledging that the whole area of credit hire "remains a highly contentious area of litigation" the CPRC identified what they see as relatively simple steps that can be taken to narrow the issues and present the judge with the necessary evidence to make a determination. The proposed directions concern witness evidence and disclosure on impecuniosity and the agreement of hire rates. Stakeholders were urged to confer to try to achieve a consensus or risk a solution being imposed. The consultation closed on 1 August 2017.
Update - Motor insurance: implications of ECJ Vnuk ruling for UK legislation. In December 2016 the Department for Transport published its consultation Motor Insurance: consideration of the 'Vnuk judgment' to look at "options for amending domestic motor insurance law in light of the European Court of Justice ruling…" The government is considering two options: one broadening the scope of insurance requirements to reflect the decision in Vnuk; the other would involve amending the Motor Insurance Directive. The consultation closed in April and the government's response is awaited, but in the summer the Department for Transport published a summary of responses noting that the proposal to limit compulsory motor insurance to vehicles used 'in traffic' proved the most popular. In the meantime the European Commission requested feedback on the issue, and responses were published on the consultation homepage. That exercise formed part of a wider evaluation of the Motor Insurance Directive known as a REFIT evaluation on which the Commission recently held a wider consultation which closed in October. Responses have been published on the consultation home page but you can read the joint ABI and IFB response here (pdf). Also in October the Department for Transport responded to a written question confirming "The Department's priority for the REFIT review is the correction of the scope of the Directive following the Vnuk judgment, such that it only applies to motor vehicles used in traffic. We collaborated with like-minded Member States to write a letter to the Commissioner putting forward this view." Whilst we await further developments, both on these consultations and on the next steps following the recent Roadpeace judgment which declared domestic law incompatible with Vnuk, the CJEU delivered a judgment at the end of November (Rodrigues de Andrade) in which it held that where an accident involving a tractor occurred while the tractor was being used as a machine for carrying out work (rather than as a means of transport) it was not subject to the compulsory insurance requirements.
Update - Legal services regulation: removing barriers to competition. In July 2016 the MoJ announced a consultation on proposals to reduce barriers to market entry, and regulatory burdens on Alternative Business Structures in legal services. Lord Faulks' ministerial statement also mentioned the Government's intention to consider a further consultation on regulatory independence. The current consultation closed on 3 August 2016 but to date there has been no response. This week, while responding to the CMA Legal Services Market Study, the government confirmed it would not be going ahead with a consultation on regulatory independence as it believes there is scope to make more progress within the existing framework.
The Financial Guidance and Claims Bill, Data Protection Bill, and Automated and Electric Vehicles Bill are all continuing their passage through parliament but there is still no sign of the Civil Liability Bill or Courts Bill.
Whiplash reform: Civil Liability Bill. The aim of this Bill is "to crack down on fraudulent whiplash claims" with a view to reducing motor insurance premiums by about £35 per year. The briefing notes to the Queen's Speech say the Bill will "ban offers to settle claims without the support of medical evidence and introduce a new fixed tariff of compensation for whiplash injuries with a duration of up to 2 years." It is therefore expected that the new Bill will broadly mirror the whiplash provisions of Part 5 of the Prisons and Courts Bill, and perhaps this time there will be an opportunity for improvement around the definition of claims falling into the new process. In October, Chair of the Justice Committee Bob Neill indicated at a Conservative Party Conference fringe event that the Committee will resume its inquiry into the whiplash provisions and the proposed increase in the small claims track. And during an evidence session with the Justice Committee on the work of the MoJ (also October), Lord Chancellor David Lidington confirmed the government's intention remains to increase the small claims track limit and also that the Civil Liability Bill would be brought forward when parliamentary time was available, but that Brexit legislation was the priority. Read more in Simon Denyer's update.
Online court: Courts Bill. This Bill will "reform the courts system in England and Wales to ensure it is more efficient and accessible, and in doing so utilise more modern technology". Presumably, although it has not yet been confirmed, this Bill will pick up from Part 2 of the Prisons and Courts Bill which included provision for the legal foundations for the introduction of new online procedures and online dispute resolution (ODR), and for the creation of a new online court that could deal with low value money claims below £25,000, as recommended by Lord Justice Briggs' Civil Courts Structure Review. It has not gone unnoticed by the media that all has gone quiet on this proposed reform.
Driverless technology: Automated and Electric Vehicles Bill. This Bill was introduced to the House of Commons on 18 October. Part 1 of the Bill deals with the insurance of automated vehicles and Part 2 makes provision in relation to charging of electric vehicles. Having passed its second reading on 23 October, it has now been considered in a Public Bill Committee and was reported without amendment. It will now be considered at the Report stage on a date to be announced. In the meantime, in the Autumn Budget, Chancellor Philip Hammond confirmed that the government wants to see fully self-driving cars on UK roads by 2021.You can follow the progress of the Bill here and a Commons Briefing Note has been published on it. Last month, Caroline Coates recently reviewed the new Bill in this article.
Claims management regulation: Financial Guidance and Claims Bill. The provisions in the Bill relating to claims handling are those which came out of the 2016 Carol Brady review and the consultation on capping fees. In October we reported on an unexpected U-turn on the issue of a ban on CMC cold calling. Since then, the Bill completed its passage through the House of Lords and has had its first reading in the Commons. The headline in the latter stages of the Lords was the news that the Scottish Government has agreed that the regulation of CMCs should be extended to Scotland. Read more in our recent alert and you can follow progress of the Bill here.
Update - Data Protection Bill. Having been introduced in the House of Lords on 13 September the Bill has now completed the Committee Stage. The Report Stage started earlier this month and will continue in January. It will eventually replace the Data Protection Act 1998 as the primary data protection law within the UK. The Bill widens the reach of GDPR which as a Regulation is already directly applicable in the UK. The Bill also sets out the derogations that will apply in the UK and therefore should provide clarification as to how some of GDPR's provisions might be navigated by insurers. At 218 pages including 18 schedules the Bill is by no means straightforward and may yet be subject to further change as it proceeds through parliament. A helpful House of Lords briefing was produced in advance of the Bill's second reading. You can follow the Bill's progress here and a roundup of recent developments here.
The following Law Commission draft Bills are also awaiting further developments:
Deprivation of liberty: Mental Capacity (Amendment) Bill. In 2014 the Law Commission began a review of the Deprivation of Liberty Safeguards (DoLS) under the Mental Capacity Act. The DoLS aim to protect people who lack mental capacity, but who need to be deprived of liberty so they can be given care and treatment in a hospital or care home. If a person's right to liberty needs to be infringed in other settings, an authorisation must be obtained from the Court of Protection. The DoLS have been criticised for being overly complex and excessively bureaucratic, placing increasing burdens on local authorities. In 2015 the Law Commission held a consultation and in 2016 published an interim statement. On 13 March 2017 the Law Commission published its final report along with a draft Bill. It recommends that the DoLS be repealed with pressing urgency and sets out a replacement scheme called the Liberty Protection Safeguards. In addition the draft Bill makes wider reforms to the Mental Capacity Act which ensure greater safeguards for persons before they are deprived of their liberty. At the beginning of October a House of Commons briefing note was published outlining the Law Commission's recommendations. Then on 30 October the government published an interim response welcoming the report and confirming that a final response would be produced by Spring 2018.
Insurance contract law reform: draft Insurable Interest Bill. In April 2016 the Law Commission and the Scottish Law Commission published a draft Bill following their review of the issue of Insurable Interest, having previously made proposals for reform in 2008 and 2011. They were asked to return to the issue due to the increased numbers of requests to write policies which include cover for children, cohabitants and to insure 'key employees' for substantial amounts. The draft Bill is intended to reflect the proposals set out in the issues paper and the Law Commissions invited comments on the draft Bill by 20 May 2016 with a view to publishing a final draft Bill and report in autumn 2016 but there have been no further developments to date. The project webpage now notes that the project is on hold due to other priorities within the team but they aim to publish a revised draft of the bill for consultation in due course.
Also on the horizon...
Update - Insurance Fraud Taskforce. The IFT published its final report in January 2016 and in a written ministerial statement in May 2016 the Government welcomed the report and accepted the recommendations in relation to low value personal injury claims. In the late 2016 whiplash consultation the Government took the opportunity to obtain views on the implementation of certain of the IFT's recommendations. These included a recommendation to amend the QOCS rules where a claimant discontinues less than 28 days before the start of a trial. As mentioned above, part two of the consultation response which is still awaited is due to cover the question of implementing the recommendations from the IFT. In the meantime, in August the IFT published a report (completed in February) outlining the progress made during 2016 on the original recommendations. Both the IFB and the MIB published their support for the report with the latter adding further updates on the current position of projects outlined in the report. In October, following an IFT recommendation the Claims and Underwriting Exchange (CUE) was expanded to accept data relating to travel insurance claims. Last month there was news from the IFB that an industry working group, tasked with developing a communications strategy to combat insurance fraud, has appointed behavioural experts to carry out experimental research into the impact different approaches could have on fraud levels. This month Justice Minister Dominic Raab has answered a question on the steps being taken to implement the Taskforce's recommendations and to reduce personal injury fraud generally.
MedCo. Following the MoJ's announcement in October 2016 of the revised Qualifying Criteria for MROs, effective from 8 November 2016, MedCo suspended 134 shell companies for failing to comply with the new Qualifying Criteria. This change, together with the change to the search criteria were introduced to tackle the gaming of the MedCo system (read more in this update). MedCo has since reported on a range of enforcement action: at the end of May it suspended 23 MROs and 14 Direct Medical Experts for failing to upload medical case data to the MedCo system; on 6 June it reported the suspension of a further 21 "shell" companies for failing to meet the Revised Qualifying Criteria; and a week later announced that it had removed Tier 1 status from four MROs, reclassifying them as Tier 2 and had suspended a further two Tier 1 MROs. In August MedCo warned against "inappropriate behaviour" during the audit process and in October MedCo published an FAQ document (pdf) to address common issues arising out of the Guidance supporting the revised Qualifying Criteria for Medical Reporting Organisations. Last month MedCo published its annual report and financial statements. More details can be found on the MedCo homepage and the Gazette reports that Rogue companies suffer £1m loss from MedCo clampdown.
Update - Claims Management Regulation. Carol Brady published a final report following her independent review of claims management regulation in March 2016. The Treasury and the MoJ had commissioned the review to examine the perception of widespread misconduct among CMCs and to make recommendations to improve the regulatory regime. It was then announced in the budget statement, also in March 2016 that responsibility for regulating CMCs would be transferred from the MoJ to the FCA and since then we had been awaiting information on when the primary legislation required to transfer regulation to the FCA would be ready. We now have that legislation in the form of the Financial Guidance and Claims Bill discussed further above, noting in particular the agreement last month to extend regulation of CMCs to Scotland. At September's PI Futures conference Claims Management Regulator Kevin Rousell indicated that it would be 2018 or 2019 before the FCA take over regulation of CMCs and also confirmed that CMCs will have to be authorised afresh by the FCA. Read more in this Legal Futures report of his speech at the conference. A CMR bulletin this month provides a helpful roundup of recent developments in relation to claims management regulation including the present position on the Financial Guidance and Claims Bill and the recent consultation response on restricting the fees CMCs can charge consumers.
Holiday sickness claims. Following recent media reports of an explosion in fake holiday sickness claims, the government moved swiftly to announce (July) that it had asked the Civil Procedure Rule Committee to look at the rules governing the costs of holiday claims with a view to bringing them into the fixed recoverable costs regime. The press release also indicated that ministers would soon be asking the Civil Justice Council to look at the rules around how low value personal injury claims more generally are handled to reduce the incentives to bring claims lacking merit. We have reported above on the call for evidence which also notes that the Claims Management Regulation Unit and the Solicitors Regulation Authority are already working together to deal quickly and effectively with any misconduct.
NIHL claims: Government action. In June 2015 the ABI published its report Tackling the Compensation Culture: Noise Induced Hearing Loss, improving the claims system for everyone which highlighted concerns about the increasing numbers and cost of NIHL claims. In response to those concerns the MoJ asked the Civil Justice Council to consider the issue and make recommendations. The CJC published the long awaited report in September 2017, although Jackson LJ had spoilt the surprise at the end of July by announcing and endorsing the agreed fixed recoverable costs matrix as part of his own review (see Simon Denyer's review of the proposals). The news then was the proposals for reform of the claims handling process. You can read more about the proposals in our comprehensive update. We also took the opportunity to comment on the handling of NIHL claims in the recent call for evidence in relation to holiday sickness claims and low value personal injury claims.
Update - Mesothelioma claims: LASPO funding provisions. In late 2014 following a Justice Select Committee inquiry, the Government decided not to end the LASPO exemption on recoverability in mesothelioma claims. They said a further review of the likely effects of the funding reforms on mesothelioma claims would form part of the Post Implementation Review of LASPO. A Commons Briefing Note on mesothelioma claims last year speculated this would happen over 2017/2018. On 17 January, Justice Minister Sir Oliver Heald QC attended an All-Party Parliamentary Group meeting on Legal Aid and announced that a post-legislative memorandum on LASPO would be sent to the Justice Select Committee before May ahead of a full post-implementation review of the Act to be conducted by April 2018. On 30 October the MoJ published its post-legislative memorandum to the Justice Select Committee although Part 2 of LASPO (which brought in the Jackson reforms) will be reviewed separately from the Legal Aid provisions in Part 1. Read more in Simon Denyer's recent update. This month, Bob Neill, Chair of the Justice Committee has written (opens in pdf) to the Lord Chancellor to comment on the memorandum. The letter, which for the most part covers part 1 of LASPO, includes a request to be kept updated on plans for the review of Part 2 as "we have a particular interest in the proposed section 44 review on mesothelioma claims which, as you are aware, was the subject of a report by our predecessor."
Civil Courts Structure Review: LJ Briggs' Final Report. On 27 July 2016, Lord Justice Briggs published his final report following his review of the structure of the civil courts. There was no change from the headline recommendation of the interim report, namely the introduction of an online court capable of handling claims with a value up to £25,000. A detailed summary can be found in the press release accompanying the report and you can read more in Simon Denyer's analysis. In January the Lord Chief Justice and the Master of the Rolls issued a Joint Statement confirming that the senior judiciary endorses the final report of the Civil Courts Structure Review, and supports the recommendations made by Briggs LJ. And as reported above, we expect the newly proposed Courts Bill to reintroduce the provisions enabling the creation of the new online court. Last month the Gazette looked at recent developments and concerns about the online civil court. In the meantime a pilot began in September to trial a procedure that will allow legal representatives to file claims online at the CCMC. The pilot is being run on an invitation only basis and for carefully circumscribed cases.
Update - SRA: thematic review of personal injury sector. In February the SRA announced that it was starting a review to better understand the personal injury market and in August it began approaching a number of firms to participate in its survey. In October the SRA published its research and this month the SRA has published its review which found that firms generally had adequate systems and processes in place, yet also found some issues which could lead to misconduct. At the same time the SRA has issued a revised warning notice arising from concerns about how law firms handle personal injury claims, especially when dealing with CMCs. Read more in the SRA press release and in Legal Futures.
Update - CMA legal services study. In January 2016 the Competition and Markets Authority launched a market study to "examine long-standing concerns about the affordability of legal services and standards of service." An interim report was published in July and the final report followed in December. The CMA found that competition in legal services for individual consumers and small businesses is not working well, and made recommendations to address the issues. As we mentioned above, this month the government has responded and has ruled out a review of legal regulation, although he does agree that improvements to the framework can be made through incremental changes. We have also been reporting on the SRA's work in this area: in January 2017 the SRA confirmed that it was preparing rules on publishing price information for consultation in the summer. In September the SRA launched a consultation "Looking to the future: better information, more choice" which includes proposals for law firms to publish information on prices and services for certain types of work, such as conveyancing, wills and personal injury work. It is also considering publishing data collated by firms on the complaints they receive. Controversially the consultation also proposes to allow solicitors to provide non-reserved legal services outside of firms regulated by the SRA. The consultation closes on 20 December. Read more on the SRA consultations in our recent update.
In the long grass?
Issues where there has been no activity for some time:
QOCS: Civil Justice Council report. In 2014 a new CJC working group was set up to advise on issues arising from the implementation of the Jackson reforms. Part of their remit, was to investigate and report on arguments for and against extending QOCS to other categories of case characterised by an asymmetric relationship between the parties such as actions against the police and solicitors' professional negligence in injury claims. The report (pdf) was published on in June 2016 and concluded there is a strong case for extending the principle to police claims. For solicitors' negligence claims, whilst there may be a case in principle for extending QOCS here, there does not appear to be a similar push for its application. In both cases, they say that any decision to extend QOCS would be a matter of policy for the Ministry of Justice.
Damages Based Agreements: Civil Justice Council (CJC). The Government's response to the CJC review of DBAs is still awaited. In September 2015 the CJC made a number of recommendations but the main issue of interest going into the review was the Government's decision not to permit hybrid DBAs, and in particular concurrent hybrid DBAs. The Working Group was divided on whether these should be allowed but it concluded "it was a policy decision which was ultimately one for the Government". Read more in the CJC media release. We understand from a Practical Law update following a Westminster Policy Forum in October that the government might reconsider DBAs within its forthcoming review of Part 2 of LASPO.
For further information please contact Alex Fusco, Professional Support Lawyer on 0161 603 5211.
This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.


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Natural gas heats more than 50 per cent of Canadian homes, and it supplies almost half of the energy needed to run Canada's industries.
Thanks to past innovations, our country has a technically advanced pipeline system to deliver this critical resource safely around the country. And thanks to continued innovation, natural gas pipeline operations are becoming more efficient and environmentally responsible through a process called waste heat recovery (PDF).
Large compressors stationed along transmission pipeline routes move natural gas through the line.
This process generates heat, and waste heat recovery allows pipeline companies to take the heat and turn it into clean electricity.
The electricity generated by heat-recovery systems is produced without emissions and does not require additional fuel. How is that possible? Check out this graphic to learn how the technology works:
A 2008 report from the U.S. Department of Energy estimated that 20 to 50 per cent of industrial energy input is lost as waste heat.
With heat-recovery systems, energy that would have been lost is turned into clean, emissions-free electricity.
Once excess heat from compressors is turned into electricity, the electricity can be used to:
When pipeline companies return excess energy to the grid, it benefits all electricity consumers.
Did you know recovered energy from a single compressor could power up to 4,000 homes?
By using heat-recovery technology, pipeline companies can help reduce greenhouse gas emissions and air pollutants because they are:
As technology is further developed, heat-recovery units are being installed at increasingly smaller sizes for light commercial or industrial applications. By broadening the technology's implementation, the industry can continue to improve its performance and help reduce Canada's environmental impact.
Want to learn more?
Read CEPA's waste heat recovery fact sheet (PDF).
The Canadian Energy Pipeline Association represents Canada's transmission pipeline companies who operate approximately 115,000 kilometres of pipelines in Canada. In 2013, these energy highways moved approximately 1.2 billion barrels of liquid petroleum products and 5.3 trillion cubic feet of natural gas. Our members transport 97 per cent of Canada's daily natural gas and onshore crude oil from producing regions to markets throughout North America.

subset: commoncrawl


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A salty question
Not all salt is created equal. In this post I investigate the myriad kinds of salt and what makes them different. I started researching because I wanted to know what salt is best – both from a "foodie" point of view, and also from a health point of view. I also wanted to find out what salt is produced in New Zealand.
In my local organic grocery shop, Village Organics in Frankton, there's a big display case with at least 15 different kinds of salt. In the last five years the range has been expanding. There's celtic salt, macrobiotic salt, sea salt, organic sea salt, kosher salt and pink and grey/black Himalayan salts. In supermarkets there's table salt, iodised and non-iodised; pickling salt; sea salt; and pink Himalayan salt.
Salt is essential to good cooking and eating. If you can't use salt, food loses its zing. A well designed antipasto or hors d'oeuvre platter has a careful balance of flavours and textures, including salt. Think olives, feta or anchovies.
Foodie salt
Food writers and chefs tend to recommend good quality sea salt. Jamie Oliver and Hugh Fearnley-Whittingstall are fans of Maldon salt. This is traditionally produced from salt beds in Essex, on England's east coast. It's expensive and hard to find – you could order it online. Hugh also recommends Cornish sea salt.
Another traditional European salt, that's easier to obtain in New Zealand, is celtic salt, which comes from brine marshes in Normandy. It's a grayish colour and has a damp texture because it includes small amounts of vegetable matter. Because of this, celtic salt contains iodine and lots of other trace elements. It's also called sel gris, which is French for "grey salt".
Australian sea salt producers Olsson's make a raw macrobiotic salt, which they say is similar to celtic salt. Olsson's products can be ordered online. There isn't a New Zealand-made equivalent. I think this is a gap in the market – a high quality "foodie" sea salt, produced in New Zealand, could have huge potential as a global export.
The five flavours
In traditional Chinese medicine salt is regarded as one of the five important flavours – the others being sweet, sour, bitter and pungent. (Traditional Indian Ayurvedic medicine has one more flavour: astringent.) The aim is to balance the flavours (and health) according to individual requirements. Craving a particular flavour is a sign of imbalance in the body.
American herbalist Rosalee de la Foret in her ebook The Taste of Herbs says therapeutically, salty flavours can promote digestion, moisten the body, act as a laxative, remove stiffness, and dissolve cysts. Rosalee says a salty taste comes from several minerals together – not just from sodium. This makes sense to me – it explains why better quality salt tastes more interesting than basic table salt. It contains more minerals.
Salt in my kitchen
My rule of thumb with salt, as with food in general, is to use it in its natural form, and/or traditionally processed. For general cooking and table use I alternate between sea salt, Himalayan salt and celtic salt, which is my favourite. There's a shaker of iodised table salt in the cupboard, and I don't stop anyone from using it. The only salt product I've bought and don't use is the black Himalayan salt, Kala Namak, which is too sulphurous for my taste, although it's a popular condiment in Southeast Asia.
I usually add salt during cooking, rather than cooking without salt and letting people add their own. (But I don't add salt to steamed or sautéed green vegetables, because my understanding is that it causes the nutrients to escape.) A small quantity of salt balances the flavours of a multi-ingredient dish, and a little goes a long way. Celtic and Himalayan salts are richer in flavour than refined sodium chloride. This means I don't need to add as much when cooking. I provide salt on the table, but it's not often used.
My late stepfather, Terry O'Meara MD, reckoned fancy salt didn't taste as strong as standard table salt. (He had a similar preference for white sugar over less refined sweetening.) Terry and my mother, Sue, were fond of dredging table salt over their food, no matter how much salt had been used in cooking. I think their taste buds were just used to sodium chloride without the extra minerals.
Most processed food contains a lot of salt – check the ingredients label. We mainly cook from scratch in my household, so we know how much salt we're getting, and what kind.
Salt and pickles
For traditional pickling and fermenting food we use natural sea salt. My son Tom, who's the household sauerkraut specialist, says ordinary white sea salt from the supermarket is fine. (Here's a link to his sauerkraut recipe.) The sauerkraut organisms don't work well with the additives in iodised table salt.
"Pickling salt" is processed table salt, without iodine or anti-caking agents. Pickles will go cloudy with the additives in table salt, even if you're not doing traditional fermentation.
Salt plus kelp
Some of the packaged salt in health food stores combines salt and kelp. New Zealand herbalist Malcolm Harker makes a sea salt plus kelp product, which is a great way to make sure you're getting iodine and other trace elements.
I prefer to include sea vegetables in my recipes, rather than adding kelp powder as an afterthought. (I'm currently working on an article about ways to enjoy eating seaweed.)
New Zealand sea salt
Sea salt is made by evaporating seawater, rather than mining salt out of the ground.
The only New Zealand sea salt producer I know of is Dominion Salt, based at Lake Grassmere in the Marlborough Sounds. The piles of salt can be seen from the Blenheim-Christchurch highway. Dominion Salt produce sea salt for domestic use, but most of their production is used in industry, including food, agriculture, pharmaceuticals etc. They have a salt refinery at Mt Maunganui.
The Dominion table salt brands are Pacific Natural sea salt, Pacific Harvest sea salt, and Marlborough Flaky sea salt. They're sold at specialist organic food shops and online.
Dominion's sea salt is made by evaporating sea water using sun and wind, in a series of evaporation ponds. The salt is also washed. It's a six month process starting in October, and it's highly dependent on the weather. On the company's website it says there was nil salt production in 1986 because of high rainfall.
Seawater contains iodine – but sea salt doesn't. The iodine evaporates out during the drying process. However sea salt does contain more minerals than basic table salt, including calcium and magnesium.
I've seen suggestions that sea salt may be contaminated by pollution. But I haven't found any research to back this up. I suspect this idea may be being pushed by the marketers of Himalayan salt.
Most sea salt sold in New Zealand comes from overseas – check the label.
Himalayan salt
This is being hyped big-time as a natural health product. Himalayan salt doesn't actually come from the Himalayas – it's from salt mines in the foothills in the Punjab. (Great name, though.)
Himalayan salt can be found at supermarkets and bulk stores as well as my local herbal shop and Village Organics. Medical herbalist Wendy Illing of The Herbal Shop and Clinic told me she recommends Himalayan salt to her clients. She referred me to Dr Joseph Mercola, who's a respected source for holistic health information online. Dr Mercola is so enthusiastic about Himalayan salt that he sells his own brand.
I've seen spectral analysis results showing that Himalayan salt contains 84 minerals and trace elements. I'm willing to trust Wendy's professional advice that it's a good product. Besides, Himalayan salt tastes great.
I suspect some brands of Himalayan salt might be better quality than others, but I can't find any evidence to back this. I've checked the packages for the list of ingredients, and even the cheapest brands claim to be "pure, unrefined and free from chemicals, additives and anti-caking agents". There's quite a price range. Last week the supermarket was selling Himalayan salt on special for $2.99 per kg.
I'd also like to know more about the mining methods. It's unlikely that something this dirt cheap is being mined sustainably and ethically. But I would be happy to be proved wrong on this.
Table salt
Table salt sold in supermarkets is a highly processed product – sodium chloride plus additives. It's the equivalent of white sugar and white flour.
Most of the table salt in New Zealand is probably from salt mines in India or China. (There's no country of origin label on the bag.) Wikipedia says the four leading salt producers worldwide are China, the USA, India and Germany. They account for half the world's salt production. Basic table salt has been mined out of the ground and refined, using chemical and high-temperature processes, to remove all the other minerals and trace elements and make it bright white. Anti-caking agents are added so that the salt stays dry and flows easily from a shaker. Most table salt also has iodine added. This gives it a purple colour, which then has to be chemically bleached out. There are big concerns about the impact of these additions on human health, which are beyond the scope of this article. (See later in this article for why iodine is added to table salt.) Kosher salt is refined salt, in big crystals. It usually has anti-caking agents added, but not iodine.
Traditional salt producers
Before salt became a product of big industry, it was produced in small quantities locally all over the world, by evaporating seawater, by mining, or by evaporating water from inland salt lakes and springs.
A lasting memory of my childhood in the New Guinea highlands was the day we visited a place in the remote Kaironk Valley, where salt was traditionally produced.
There was a mineral spring and shallow clay tubs where the water was evaporated out into a sludgy sulphury grey salt, using the sun and also some heat from fires under the tubs.
I remember my father saying that because refined table salt had become a popular trade item, the local people would soon stop making salt, if they hadn't already. But, he explained, this would mean they'd miss out on some of the other minerals and trace elements in the traditionally made salt.
I didn't get to taste the Kaironk salt. My parents were good modernist scientists – they used iodised table salt.
Cooking with seawater
Many traditional coastal cultures use seawater in cooking, which presumably means they regularly consume some of the minerals from seawater. In Spain and other parts of the Mediterranean, seawater is packaged for sale to foodies, and prominent chefs recommend ways to use it. (Here's a link to a Guardian article about cooking with seawater.)
I haven't yet tried this. Here are some points to consider when experimenting with seawater in the kitchen: 1. Seawater has a higher concentration of salt than you'd usually use in cooking. A suggested ratio is one part seawater to two parts fresh. More is not better. 2. Seawater has a somewhat briny taste, so it's most suitable for "fishy" recipes. 3. The seawater should come from a clean place.
Here's yet another great New Zealand export product, that we'll never run out of!
Some footnotes on salt and health
Too much salt?
Many of the older members of my family think too much salt causes high blood pressure. (Though this doesn't stop most of them consuming salt.) Actually, medical opinion on this is pretty divided, and recent research doesn't pinpoint salt as the causal factor. Here's a link to a Time article about this. Sally Fallon points out in Nourishing Traditions that most research doesn't differentiate between highly refined table salt and the traditionally produced salts that our forebears used.
Salt and iodine
Adding iodine to salt is a public health measure dating back to the 1920s. In the early 20th century people in some specific areas worldwide were suffering from chronic iodine deficiency, resulting in terrible health problems including hugely swollen thyroid glands (goiter) and mental retardation. Public health officials internationally (starting in Switzerland) decided that adding iodine to salt was the best way to deliver iodine supplementations to the general population. (In some places the public health system adds other things to table salt, including fluoride, iron and anti-parasite drugs.)
A few years ago I got a shock when a doctor pointed out I had a slightly swollen thyroid or goiter. "Do you use iodised salt?" he said. Well, yes, I replied. But I'd been raised to believe that a goiter is the sign of terrible iodine deficiency! I went for a scan and learned that my swollen thyroid wasn't anything that the medical system could or wanted to do anything about. And then I asked around and found that slightly swollen thyroid glands are so common as to be almost normal for women of my age. But it was an indication that my body was out of balance.
Consuming iodised salt didn't prevent me from developing a swollen thyroid. (And eating meat regularly didn't ensure I had good iron levels when I was a mother of young babies.)
Many of us are out of balance with the minerals in our bodies, and taking one specific mineral almost certainly won't solve this – the problem is much more complex. Also, there's an increasing body of evidence suggesting that iodised salt actually stresses the thyroid and contributes to autoimmune disease.
Some links
Dominion Salt www.dominionsalt.co.nz
Village Organics https://www.facebook.com/villageorganicshamilton/
The Herbal Shop and Clinic www.herbalshop.co.nz
Malcolm Harker www.harkerherbals.com
Olsson's salt www.olssons.com.au


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"I Will Be Number 1 And The Biggest Artiste Out Of Africa" – Skiibii Reveals
Nigerian singer, Skiibii has made a very bold statement about becoming the biggest artiste Africa has ever seen.
The singer who had a great 2019 with the release of two hit tracks "Daz How Stars Do" and "Big Engine" that rocked the continent.
However, the singer is still not satisfied with his progress in the music industry and hopes to be bigger in the future.
He took to his Twitter page to send a word of prophecy into his career stating that he would be number and the biggest artiste out of Africa.
See his tweet below:-
Guys 👇
Nothing Is Impossible Though, But Is This Possible?
Let's hear from you
More Posts About - Skiibii 👇


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It was cold here last winter. Really cold. With temps, a couple of nights, down to 22-below.
We had snow. Lots of snow. Two feet deep in our yard and driveway.
We had ice on streets and sidewalks. Lots of it. It all lasted forever.
Streets were not much of a problem, as our car has all-wheel drive and a high-tech set of ice/snow tires. So traction was pretty good and driving was easy.
The sidewalks, however, were tough. Laura has winter boots, for which I bought her a set of chains. She easily managed to remain upright. Me, much more of a klutz than she, not so much.
I pretty much survived by wearing my low-top hiking shoes. These are terrific on the dirt trails of summer, but on ice, they were as slippery as deer guts on a doorknob. My feet would be out from under me more quickly than I could react. Bam! Sore, wet butt. Not to mention cold feet.
Eventually I went looking for winter boots. Too late. Every place I tried was sold out. It's what I get for being a slow learner.
This winter will be different. However icy it gets, I'm ready.
I've bought myself a pair of insulated, waterproof, winter boots, complete with a soft tread compound that supposedly will grip icy surfaces.
But that's not all. I also bought a set of really gnarly chains for these boots.
Looks like I'm going to need this traction. Tonight's forecast calls for snow in the local mountains, and maybe even here at 3,000 feet. Lordy, I hope that's wrong!
It doesn't take much cold to get to the frostbite on the tip of one of my fingers; hurts like hell. There's nothing I can do about that. But for a change, I think I'm good in terms of remaining upright on ice. I am, however, going to be really pissed off if this winter is a warm one.


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News Summary: Corn rises on hints of strong demand
CORN ORDER: Corn rose after the Agriculture Department disclosed an unusually large order of four million bushels. Brandon Marshall, commodity adviser with Northstar Commodity in Minneapolis, said that encouraged traders to buy corn futures. Corn for March delivery rose 5 cents to settle at $6.86 a bushel.
JUMPING BEANS: The March contract for soybeans rose 21 cents to settle at $13.89 a bushel. Soybeans have been falling since mid-December, when they went as high as $15 a bushel.
METALS: Most metals fell. Gold fell $2.60 to settle at $1,646.30 an ounce and copper lost 1.55 cents to $3.6780 a pound.


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Give Back
Investing in Fitchburg State
Giving to Fitchburg State University is an investment in the future of the University, ensuring its place as a vibrant institution of public higher education and a thriving economic and cultural contributor to North Worcester County. Your support affects virtually every facet of campus life, from a wide range of athletic and co-curricular activities, to other important priorities such as faculty development, library and technology resources, capital improvements and campus beautification.
But most importantly, your support enables students from a multitude of backgrounds to get a high quality, affordable education, assuring their success as they become the leaders of tomorrow.
Annual contributions to the Fitchburg State University Foundation, Inc. are essential to our progress. The Foundation provides support for financial aid, faculty research, student activities, and projects that have not received endowed support.
Whether your gift is large or small, whether it is inspired by gratitude, scholarly interest, or community philanthropy, your generosity makes a difference at Fitchburg State every single day.


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Suspect was wrongly identified as a molester
A spokesman for the U.S. attorney's office in Los Angeles on Friday apologized for incorrectly describing an Upland man arrested earlier this week on child pornography charges as a convicted child molester and registered sex offender.
Evan Craig Stephens, 36, has no prior convictions for child exploitation, said U.S. attorney spokesman Thom Mrozek in a statement released Friday. "On Wednesday, I issued a press release that incorrectly identified an Upland man as a convicted child molester and a registered sex offender. This information is not correct," Mrozek said in the statement. Stephens "does not have any prior child exploitation offenses," Mrozek said.
"I apologize to Mr. Stephens and to you for this error," Mrozek said in a statement released to news organizations.
Stephens, who is scheduled to go on trial Oct. 14 in federal court, was among seven Southern California men arrested Tuesday on suspicion of possessing child pornography after an eight-month investigation by federal, state and local law enforcement agencies. The investigation led to charges being filed against 52 people for allegedly using peer-to-peer computer networks to exchange graphic images and videos. Mrozek did not immediately respond to calls seeking further comment on the matter.


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Family Fun workshops on the New Moon! Tink will lead a mix of circus, hooping, juggling, yoga, dance, art and other fun activities in November 12 and December 23. One hour workshop, 500 yen/person.
There's a New Moon Organic Cafe and Market event, awanova, just up the road from Satoyama Design Factory which is perfect for a tasty lunch or snack after the workshop!


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Chandigarh: Punjab Chief Minister Amarinder Singh today said "farmers cannot be expected to give up crop residue burning completely", till the time they are provided viable solutions.
The statement comes on a day when Delhi Chief Minister Arvind Kejriwal met his Haryana counterpart Manohar Lal Khattar to discuss air pollution and stubble burning.
Asserting that a long-term solution was needed to arrest the problem of crop residue burning, the Punjab Chief Minister said the state government was looking for affordable solutions for this problem.
Notably, farmers of Punjab and Haryana have been blamed for the rising air pollution level in northern states including Delhi triggered by their stubble burning.
"We are engaged in spreading awareness among farmers on the need to stop burning the stubble, not just for the sake of others but also for their own sake, as they are the worst affected by the air pollution triggered by such burning. However, till we are able to offer them viable solutions, we cannot really expect them to completely give up burning crop residue since it's a matter of their livelihood and survival," Punjab Chief Minister Amarinder Singh told PTI in an interview.
The Punjab Chief Minister has refused to meet Mr Kejriwal after the latter sought a meeting with him in Chandigarh.
He urged the AAP national convener to refrain from trying to "politicise" such a serious issue.
Mr Singh said he failed to understand why the Delhi Chief Minister was trying to force his hand, knowing well that any such discussion on the issue would be "meaningless and futile".
The Punjab Chief Minister has been pressing hard for intervention of the Centre to convene a meeting of Chief Ministers of the affected states along with the Union Ministers for Agriculture, Food and Environment to find out a long-term solution to stubble burning issue.
Mr Singh had even suggested that Prime Minister Narendra Modi give a bonus of Rs 100 per quintal as an incentive to farmers so they can manage the crop residue scientifically.


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Tag: Featured
By Logan Krinn
With a successful season so far, Concordia's JROTC Drill Teams continue to flourish at their competitions. The Cadets made their way to down to Indianapolis for the IPS Drill Meet. Continue reading "Cadets stay strong at JROTC drill meets"
E'Lycia Early
By Faith Poor '18
Well, it's that time of the year again.
The sun begins to stay out just a little bit longer, the air begins to warm up, and high school softball team begins their intense and cutthroat season. Continue reading "Softball eager to take on season after tough losses last year"
From staff reports
Next school year, Concordia Lutheran High School will offer a new program in biomedical science.
Students will have the opportunity to take the class through the Project Lead The Way (PLTW) program. Continue reading "CLHS adopts Project Lead the Way's biomedical program"
By Kaylee Harwood
The 2016 Concordia Football team has made school history this year and has won the Indiana Class 3A Football Title. Along with the state title comes state rings for all of the players and those associated with the football team. Continue reading "Championship rings to be presented Friday"
By Mikayla Baumgarte
This past weekend the CLHS drama department performed a "new-fashioned" musical called "Hello! My Baby" directed by Chris Murphy. While the plot is original, all of the songs are from other musicals and have their lyrics changed to fit "Hello! My Baby." Continue reading "Review: Great casting in 'Hello! My Baby'"
From Staff Reports
Film and animation experts from around the country and locally will be judging Concordia's second-annual Comedy Festival.
Entries are currently being accepted for the festival which will take place at 7 p.m. April 28 in Neff 101 at IPFW. All Fort Wayne-area middle school and high school students may enter. Categories include comedy, action/suspense/thriller, documentary (long-form journalism), and animation. All entries are free. Visit www.ConcordiaComedyFestival.com for all of the details. Entries are due Feb. 24.
Continue reading "Local, national film experts to judge Concordia's Comedy Festival"


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Guidelines for Contributors
Information for Authors
PALAESTRA, a refereed quarterly (fall, winter, spring, summer) professional journal, deals with all aspects of sport, physical education, recreation, and related activity areas involving participants with disabilities. Information for short fillers and use in departments is encouraged.
The focus of PALAESTRA is broad, including practical applications for teaching, coaching, and leading; implications and applications of scientific research for training and teaching; administration, supervision, and management; professional preparation and in-service education; innovative ideas and practices; assessment and classifications; relationships of basic sciences to methods and activities for individuals with disabilities; sports medicine and athletic training applied to individuals with disabilities; equipment and supplies used in these programs; and professional issues and trends.
A double-blind review process is followed rigorously. Manuscripts are reviewed by members of the editorial board and/or other professional specialists representing all topical areas dealt with in PALAESTRA. Manuscripts are accepted for review and consideration on the condition they have not been published previously, submitted simultaneously, or accepted for publication elsewhere. PALAESTRA will consider manuscripts rejected by other journals. There are no page or illustration charges.
Terminology throughout PALAESTRA conforms to current accepted usage. Focus is on people, not disabilities (i.e., students who are blind; athletes with spinal cord injuries; participants who have intellectual disabilities; persons who use wheelchairs for mobility are wheelchair users, not "wheelchair bound," etc.). Reference is to individuals with disabilities, not handicaps, handicapping conditions, or impairments. Authors should apply this person-first policy in their manuscripts.
The following guidelines are to assist authors in preparing manuscripts to be considered through the PALAESTRA review and editorial processes:
- Submit all manuscripts in English.
- Deal with any topic associated with sport, physical education, recreation, dance, and related areas involving participants with disabilities, each interpreted and applied in its broadest way.
- Make the manuscript no longer than 12 to 15 double-spaced pages, with images or tables (8.5 x 11 with margins of at least an inch). Include an abstract of approximately 100 words.
Follow American Psychological Association Manual (APA 6th ed.) for all matters of style.
- Include sections with each manuscript (each starting on a separate page) for (a) title page, (b) abstract, (c) text, (d) acknowledgments, (e) selected references, (f) photographs/illustrations/tables, (g) legends/cutline information for photographs and other illustrations, and (h) a brief biographical sketch for inclusion with published article. Number pages consecutively in the upper right-hand corner of each page, beginning with the title page.
- Include a cover sheet with author name(s), academic or professional title(s), complete mailing address(es), and e-mail contact information. Do not have names or related information on any manuscript pages that will be sent out for review.
- Submission illustrations—images, drawings, tables, and/or graphs—to give greater impact to content and its presentation. Images/drawings—color prints or black and white prints of good quality can be considered; digital images are preferred, with a minimum resolution of 300 dpi. If photographs of persons are used, either subjects must be unidentifiable or their pictures must be accompanied by written permission for use. Tables/graphs—number in sequence, cite by number in the text, and include legends for each; double space and place each on a separate sheet; make every effort to send tables and graphs in pdf format, so each can be processed directly. Illustrative materials become the property of PALAESTRA for possible future use unless instructions requesting their return accompany the submission.
- Please e-mail the following to Martin E. Block, editor of PALAESTRA, at email@example.com:
- Manuscript in a Word document; there should be no author information on the manuscript
- Cover letter with author contact information as well as bios of authors
- Images (jpeg or tiff), 300 dpi resolution, with captions for each picture submitted
- An abstract of the article
For more information or to send a manuscript, contact
Kinesiology Program, University of Virginia
2010 Emmet St. S., Box 400407
Charlottesville, VA 22904-4407
Phone/Fax: 1-434-924-7073
e-mail: firstname.lastname@example.com


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The Market Pub, Chesterfield review
Last Friday night, my bestie and I headed out for dinner with our boyfs on a little double date. We'd heard amazing things about The Market Pub in Chesterfield and it had been on both our lists for a while so we decided to give it a try. The Market Pub is situated in the town centre, just next to the market (as the name would suggest!) so it's really easy to get to, and easy to go for a few drinks after dinner.
First impressions of the pub weren't amazing…in fact, we thought at first that we may have got the wrong place! The pictures on their website and Instagram page show really amazing food that wouldn't be out of place in a classy restaurant but the pub was really…well, pub like! It was really busy, which is always a good sign, and in the dining area, the tables were crammed close together to fit plenty of people in. There was also a bit of a rowdy crowd which I guess is typical of a Friday night pub. Everything was a little bit old and run down and we exchanged sceptical looks between ourselves as we had to ask for menus at the bar. We were kind of just shown to our table and then left.
We ordered a bottle of prosecco between us, which was really nice and I was really pleased that the glasses were really clean and had a raspberry in them (relief!). However, I did think that for the kind of pub it was, the prosecco was slightly on the expensive side. The menu is absolutely huge with plenty of choice including fresh seafood, an extensive list of burgers, four or five different pies and even some healthy choices, if you're that way inclined (I'm not!).
When our food arrived, all our worries about The Market Pub were put aside – the food was amazing! I went for the venison and mushroom pie which was packed full of meat and came with really thick cut chips and mushy peas, and the boys sampled some of the burgers. The pie was delicious but I must say, the burgers were to die for! Really tender and full of flavour plus you can pick from loads of different toppings. The boys went for black pudding, stilton and chorizo and mac and cheese. The food prices were pretty reasonable as well with the pies being under £10 each.
I'd definitely recommend The Market Pub for dinner – just don't be put off by looks! The Market Pub has also just won Chesterfield Gastro Pub at the Chesterfield Food & Drink Awards 2017 so you'll be eating at an award-winning establishment!
Find out more about The Market Pub in Chesterfield here.


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Please note that this article is considered legacy documentation because Fedora 20 has reached its end-of-life support.
Three versions of the Fedora OS are always kept active, at any given time, by The Fedora Project. These would be: 1. the current release, 2. the release before the current release, and 3. a new release that is in development. Last month saw the launch of Fedora 22 and Fedora 23 is in development, thus the time of Fedora 20 is over.
Fedora 20 has reached end-of-life as of June 23, 2015. This means that no additional security updates will be available from here forward.
Suggested Action
As of today, June 24, 2015, we suggest doing one of the following:
- Upgrade to Fedora 21.
- or Upgrade to Fedora 22.


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I Am, I Am | 4/30/2010
Dear Mommy | 11/12/2009
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The Doohinkles Return!!! | 5/1/2009
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AHHHH!!! more favorite words:
stripe, anniversary,mannerism, sniff, pounce,saunter, silence, meaningful, neurosurgeon, and laughter.
It's saying I'm 12, but actually I'm 13. just thought I'd say so.
Who am I? Well, I am human. I am a girl. I am me, and I am Tori.
Tori is an oddball. Tori has a real name of Victoria Arianna, plays piano, dances, acts, reads lots of books, participates in Martial Arts, likes to play in the pool, plays outside, makes movies, likes to bake, lives in New Jersey, is a Christian, loves to write (mostly historical fiction and a bit of poetry), loves to draw, loves to design clothes, loves to sit in trees, and likes to speak in Third Person.
Tori has a biological sister and brother and an adopted brother from Korea. Tori's brothers are younger than her, and her sister is older. Tori has a cat named Chrystal and a cat named Tigger. Tori thinks they are odd ones.
Tori's Favorites:
Favorite color: Blue
Favorite flower: Stephanotis (my profile picture)
Favorite book: Mrs. Frisby and the Rats of Nimh
Favorite food: Spaghetti
Favorite month: May
Favorite: hmmmm....
More favorites I cannot think of will be posted later.


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Scannain caught up with writer/director Maria Doyle Kennedy to talk about her IFB-backed Short Stories short film A Different Kind of Day, ahead of its world premiere at the Galway Film Fleadh.
The film is a story of a teenage couple who have special needs. When they are attacked by a gang, their response to the incident changes the day for everyone.
Audiences will be more familiar with Maria Doyle Kennedy from her acting roles, which include some of Ireland's most cherished and well-known films and TV series like The Commitments, The Tudors, Father Ted, The General, and Sing Street. Sing Street. A Different Kind of Day marks her debut as a director "I just had this particular idea. I've always been interested in making things from the beginning to the end. We've been running a record label for quite a long time and making our own records and so that 's one way to tell a story. And then obviously visually is another way. And I just knew how I wanted to see. And I didn't want to be in for any reason. So I said I've really got to make it myself, I don't need to tell the story to someone else and let them make it. I really should just do it".
Maria's son Daniel stars in the film so it had a personal appeal "I have some experience of being around and growing with a person who has special needs. And one of the things that I noticed, and where the story came from is that if somebody has a disability of some kind, be that intellectual or physical, other people tend to define the person in that way. For example, the two young adults in my film, the two leads, both have Down Syndrome, and I've heard people say before, many, many times, that they are Down Syndrome. Like Daniel is Down Syndrome. And he isn't Down Syndrome. He has Down Syndrome. There's a subtle but enormous difference between the 'is' and the 'has' there. Down Syndrome is just one facet of a whole person. That's what I wanted in a small way to make people think about. And I didn't want to do it in a preachy way. I want people just to enjoy the film and maybe come away with thinking that. Or just question some of their own perceptions or judgement. One of the other things about the film is that I would often hear people make the generalisation that people who have Down Syndrome are really kind or really loving and in my experience, a group of people that have Down Syndrome are just like any other group of people. Some people are loving, some people are not, some people are kinder than others. Every single person is different and I wanted to challenge that perception in the film".
The Irish Film Board's funding scheme Short Stories was a way to get the story to the screen "I knew these two people for a while and I knew that I really just didn't want to do it on an iPhone. I wanted to try and get some funding because I really wanted to surround myself with people who did know what they were doing, as I was figuring out myself how I could achieve what I hoped to. So that was really important to me, the visual aspect of the film. I was lucky enough to work with James Mather just over a year ago and see the incredible work that he does. And I told him about this, and as soon as I told him the story he just laughed at me and said 'I'm in'. From him, all the way through, Hugh Fox did the sound and Vanessa Gildea was our line producer I had incredibly experienced people around me, which is a great thing if you're doing it for the first time yourself. I've been on the other side of the camera a lot, and I guess I thought I knew a lot of the things that I would face. But there's just so many bits of the tapestry to weave together and things that I hadn't actually thought about before. So as they arise it is really good to have non-flappable people around you who know very clearly what their job is and how to achieve it".
Then filling in the cast around Daniel and Orla became the thing "So once I knew that it was going to be Daniel and Orla as the two leads I went over to Bow Street, to Maureen Hughes theatre school, and did a workshop there with a whole load of her young actors. And found incredible people there. I would have given them all a job if I could, but I had more people than I had parts for. That was an interesting part of the process for me. I'd never been in that position before. I found that very difficult. I really just wanted to cast everybody, but for logistical reasons, we couldn't. They were really open to the whole experience. They were just great".
Another personal aspect of the production was the location "It was kind of a homage to Rathmines. I've lived sort of near there for a really long time, for 30 years or something, and I just wanted to show all of the different little bits of that. All of my favourite bits. The library and the bookshop and just walking by the auction rooms and all of those little pieces. I had thought that I was writing something very simple, and it is a simple story, but suddenly the week before we were due to film it I hung my head and questioned why I didn't just write two people in a room talking. I'd written something that's entirely based outdoors, and where we move every ten feet. So it was a logistical nightmare. Constant setup and strip, setup and strip. And we had two very short filming days, but the gods were with us. It was early April but we got beautiful weather. It would have been an entirely different film if it had have been raining".
Making a film with her two leads imposed some restrictions "I had to think about before I began…because of my two leads I know that the working day needed to be structured to suit them. To hold their attention and interest and to match their stamina. When I started off thinking about that it seemed like a limitation, but then there are always limitations in doing something, like the availability of days or of people, or budgetry. There's always stuff that you have to figure out. I found afterwards that having to be really strict about that was a really positive thing in the end. I knew that I wasn't going to be able to do any take any more than a maximum of 3 times because my two leads wouldn't have stayed with me any longer than that. I had to have a really clear plan beforehand of what I wanted to shoot, in what size, and in what order. And I did quite a lot of dummy runs with Daniel and Orla where we just went out, the three of us, and walked around a few times. Just to familarise them with the idea of somebody walking 10 feet in front of them with a camera. That they'd have the idea of not looking at it or forgetting about it. They were so natural, so relaxed on camera. Having to make that really strict plan beforehand was really a present in the end and made the editing so more simple. If I hadn't have been in that position, and because I was doing my very first thing, I would have shot the hell out of everything. I would have been afraid that I'd miss something or of what I was going to get. And I would have ended up with an enormous amount of material that I just would have had to sort through afterwards".
Her experience in the industry meant that she was able to reach out for help when needed "Who was really fantastic to me was Lenny Abrahamson, who was my mentor. He was great. I asked him as I hadn't done this before and I knew that things would arise that I hadn't thought of or planned for. I sent him the story and he said 'I can see that. I can understand that'. He was great, available to me to call or email. I remember the day before we started filming I had a small wobble. I was like 'What am I going to do?' I called him and he said "I know why you are calling. I know what you want to ask me, but that you don't quite have the words for". He said "The thing that you have to remember is that people want you to make decisions. That's your job". There was something incredibly clear about it when he said it that way. It made me feel solid enough to decide things. Because ultimately I did know what it was that I wanted to do and I did know what I wanted it to look like. And even though I didn't have the official language or directorial attributes, I had these incredibly experienced and talented people around me who did know. It was compelling, entirely absorbing and a very steep learning curve. But it was very exciting because of that".
A Different Kind of Day plays as part of the New Irish Shorts 7 programme, which will world premiere the shorts backed by the Irish Film Board on Saturday, July 15th in the Town Hall Theatre at 12pm.