High Court admonishes Slater and Gordon solicitor for disclosure omission

first_imgThe High Court has criticised a solicitor from national firm Slater and Gordon for failing to disclose a judgment with direct consequences for his case.The personal injury claim was first brought two years ago, in February 2015, by the English victim of a road traffic accident and members of her family, following the incident in Costa Rica, central America, in 2009.At that time some existing authorities supported the scope of jurisdiction that was argued for. But a Court of Appeal judgment, Brownlie v Four Seasons Holdings Inc, in June 2015, has since taken away that support.In Gunn & Ors v Diaz & Ors, The Honourable Mrs Justice Andrews DBE explained that an application for an extension of time for service of the claim form was made in March 2016 by Slater and Gordon solicitor Paul McClorry ‘without notice’ of the latest case law.The judge outlined the duty on claimants to make full and frank disclosure of all material facts, and stressed the relevance of a particular matter was a decision for the court and not the lawyers.Andrews said in this case that duty had been breached, after the claimant solicitors had ‘plainly overlooked’ the passage on duty of disclosure in the White Book 2016.She said that ‘had [McClorry] thought about it, it should have been obvious’ the court would wish to know the consequences of a decision of the Court of Appeal, handed down nine months previously, dealing with service out of the jurisdiction.The Court of Appeal in Brownlie ruled that ‘damage’ for the purposes of the tort gateway meant direct damage, no consequential loss, making the law applicable on the basis of where the damage occurs, regardless of the countries in which indirect consequences could occur.An appeal is due to be heard by the Supreme Court in May.Andrews said the judgment in Brownlie meant the sole legal basis for the services upon which the claimants were asking for more time had effectively disappeared. She said the court had no basis for extending jurisdiction over any defendants in respect of the accident in Costa Rica, and there was no lawful basis to serve a claim form out of the jurisdiction.Andrews said even when McClorry filed a witness statement in August 2016, no mention was made of the Brownlie judgment.Howard Palmer QC, speaking for the claimants, said McClorry was ‘quite right’ not to include reference to the Brownlie decision as the court was being asked only to decide on an extension based on the slow machinery of the Costa Rican process.But Andrews said this was wrong, and her court was being asked to extend time for service of a claim on foreign defendants over whom the English court had no jurisdiction.She noted there was no mention of the Brownlie decision or its impact, and this would have been relevant when the court granted an extension of time in March 2016.She added: ‘The claimants’ solicitors were aware of the Court of Appeal’s judgment; they ought to have been aware of its potential impact and that, at the very least, it decided that the relevant rule on which they had relied when obtaining permission to serve out, had been misinterpreted (to their clients’ advantage).‘They ought to have told the court about it, so that it could decide what to do. I accept that the non-disclosure was not deliberate, but that does not mean that it was not culpable.‘A reasonable solicitor, particularly one practising in the field of personal injury claims as Mr McClorry does, would have appreciated the ramifications of Brownlie, and would have drawn it to the court’s attention.’Andrews said the non-disclosure was serious enough to require ‘consequences’ to be visited on the party which was responsible.She set aside an order for service of the claim form and particulars of claim as they were out of the jurisdiction and granted relief for defendants in the case.last_img read more

Continue reading

Arriva selected to operate Den Haag – Brussels inter-city service

first_imgEUROPE: A letter of intent to launch a direct inter-city service linking Den Haag and Brussels was signed by the City of Den Haag, Brussels Airport and DB subsidiary Arriva on June 21. The Lage Landenlijn trains would re-instate a through service which was lost when the Benelux trains ceased in December with the launch of the troubled Fyra International service.Den Haag council was keen to reinstate a direct link the Belgian capital, and also have a link to Brussels Airport. On February 8 it established The Hague Trains Holding bv, which invited tenders for operation of the planned Lage Landenlijn service by May 24. Train paths have been requested from Dutch infrastructure manager ProRail and operating details are now to be finalised with the aim of launching services in December 2015, or earlier if possible. Hourly trains would run from Den Haag CS to Brussels Midi, calling at Delft, Rotterdam Centraal, Dordrecht, Roosendaal, Antwerpen Centraal, Mechelen, Brussels Airport and Brussels Central. Fares would be similar to existing inter-city trains, and reservations would not be required. Anne Hettinga, Managing Director of Arriva Nederland, said the company had a proven track record both in the Netherlands and internationally, and believed the proposed service would be feasible. According to the Brussels Airport authority, around 300 000 Dutch passengers/year use the airport, of which most travel by car. Routing the trains via the airport could allow rail to capture up to 40% of the business, it anticipates.last_img read more

Continue reading

PM on LIAT Funding: I Have No Regrets Whatsoever

first_img 150 Views   no discussions The Hon Minister for Finance and Prime Minister, Roosevelt Skerrit says he has no regrets about investing in LIAT over the years.LIAT’s departure from the regional air travel scene leaves travellers to Dominica with five airlines from which to choose.LAT, after bailouts from its shareholder partners, is slated for liquidation amidst a heavy debt burden exceeding a hundred million dollars, accoridng to Chair of Shareholder Governments, Dr Ralph Gonsalves.“We appreciated the exceptional contribution of LIAT to Dominica’s economy and to the Caribbean. LIAT had its own issues which is natural to the circumstance because in many respects LIAT would fly to destinations that they should not be flying [to] from an economic standpoint but realizing they had a greater regional responsibility. We treated LIAT as a public good,” Hon Prime Minister Skerrit said responding to a question of why its financiers would continue investing in a sinking company.“This is why four governments continued to invest in LIAT and we have done so with no regrets  I have no regrets whatsoever for putting our taxpayers money into LIAT.”He said that Dominica is grateful for the service which the now failed airline has delivered.““We have always stated that our investment in LIAT was to assure Dominican residents and visitors of Dominica the ability to get in and out of Dominica and LIAT provided in great respect that assurance. LIAT during that period served us pretty well and we are grateful especially during disaster times.”He described the airline’s failure as a sad reality worsened by the covid recession but said to critics,  “There is the saying you never miss the water until the well runs dry. All of us who were criticizing LIAT are now asking where is LIAT and why isn’t LIAT coming back to the air.”The Prime Minister added that if a new LIAT is to emerge, Dominica will continue to support.“…We have indicated our position on this. That…if this is going to assure flights to Dominica, we will support.” BusinessLocalNewsRegional PM on LIAT Funding: I Have No Regrets Whatsoever by: – July 13, 2020 Share Sharecenter_img Sharing is caring! Share Tweetlast_img read more

Continue reading

Safety first as Farmington Hills garden centers open

first_img Farmington Voice Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Pinterest (Opens in new window) by Beverly ChurchBrad Zoner, owner of Farmer John’s Greenhouse in Farmington Hills, could have opened last weekend when Gov. Gretchen Whitmer lifted restrictions on garden centers. But first, he wanted to make sure the store was safe for both customers and employees. (Beverly Church)“I wanted to make sure I had all the safeguards in place,” he said, and instead opened the store last Monday. At the entrance, customers will find rows of sanitized carts, just the first of measures taken to slow the spread of Coronavirus Disease 2019 (COVID-19).“When you come in the front door, there’s another sanitizing station for your hands,” Zoner said. “We’re asking customers, if they want to enter, to wear a mask. We have plexiglass at the registers. Our bathrooms are sanitized after every use. Customers and employees…have to keep the six-foot distance. It’s a big store, so people can spread out very well.”While Farmer John’s is not offering curbside service at this time, Zoner said there hasn’t been a big demand for it. He said his garden center has so many varieties that it would be difficult to put the whole menu online.A volunteer sanitizes a porch swing at Farmer John’s Greenhouse to help keep customers safe. (Beverly Church)“There might be 50 types of hostas (and) six different types of salmon geraniums,” he said. “We could do curbside for soil and a few basic things,” but he said most people want to come into the store.Wait to plantJohn Steinkopf of the family-owned Steinkopf Nursery in Farmington Hills also has made safety a priority.In addition to cleaning and sanitizing, “We leave the front door (to our office) open so no one has to open the door, and we’re only allowing one or two customers in at a time,” he said. “We’re all wearing masks and gloves, and we’re asking the customers to all wear masks.”Both greenhouses are busy stocking up on plants and flowers, but Steinkopf said customers should wait a bit to plant annuals and vegetables. If you plant them now, he said, they won’t survive.“People sometimes see them early and think it’s okay (to plant them), but it’s not,” he said. “You have to be very careful with anything that’s tender,” and recommends waiting at least until mid-May.(Beverly Church)Little demand for curbsideNow entering its 89th year in business, Steinkopf Nursery is offering curbside service. But Steinkopf said most people prefer to choose their plants in person.“Unless it’s something ordinary, like soils or fertilizers, 99 percent of the people want to look at what they’re buying,” he said. “It makes you feel better to actually see the plants.”Brad Zoner agrees, and said that after weeks of being home, customers are enjoying coming into the garden center.“People just want to get out of the house and be around plants,” he said. “Some people may feel scared to go out, but I think they’ll relax once they come through the door. You can come in and feel safe.”Farmer John’s, 26950 Haggerty, Farmington Hills, is open daily 9 a.m. to 6 p.m. After May 1, hours will expand from 8 a.m. to 7 p.m. Call 248-553-7141. Steinkopf Nursery, 20815 Farmington Road, Farmington Hills, is open Monday through Friday, 8 a.m. to 7 p.m., Saturday, 8 a.m. to 6 p.m., and Sunday, 10 a.m. to 5 p.m. Call 248-474-2925 Reported bylast_img read more

Continue reading

New Direction Finding Antenna from 10 MHz to 8 GHz for Signal Localization

first_imgNarda Safety Test Solutions (STS), an RF measurement specialist, has introduced its second automatic direction-finding antenna. The SignalShark ADFA 2 has a higher frequency range from 10 MHz to 8 GHz as compared to the ADFA 1 which operates from 200 MHz to 2.7 GHz. When connected to Narda’s powerful real-time receiver, the SignalShark, the device can precisely and reliably localize signals between 10 MHz and 8 GHz. Just like its smaller “brother”, the ADFA 2 delivers extraordinarily stable measurement results in seconds – it is insensitive to reflections. Its wide frequency range means that direction-finding at low and high frequencies is covered equally. Compact and universal, it is unique in the market in combining an extremely broad spectrum with the minimum outlay of equipment. This makes the ADFA 2 particularly interesting for use by mobile network providers and regulatory authorities, as well as for military applications.SignalShark ADFA 2 in practical useOne major task performed by regulatory authorities is to monitor the frequency bands assigned to the various network providers within the country for any interference and to keep them free from unauthorized transmissions. Whenever the regulator receives the notification of a problem, the combination SignalShark ADFA 2 is ideal for the measurement technician assigned to determine the situation and find out where the interference is coming from to be fully equipped for all circumstances. There is no need to work out which combinations of antenna and receiver might be required and load them into the vehicle because this setup always provides the right equipment with the minimum of outlay. Once the building where the interferer is located has been found, the same receiver can continue to be used to cover the last few meters, with only the antenna being changed to a handheld antenna that also covers all the necessary frequency ranges. Inside the building, the handheld direction finder is used to determine the actual floor and room in the building where the signal source is located.Whilst still in the moving vehicle during a localization mission, the measurement technician can superimpose a heatmap on a stored map on the SignalShark display and also view the simple display of the found direction. The powerful localization software in the device automatically indicates where the interference source is most likely to be located once the user has set the measurement parameters on the device. The result is in real-time and no external laptop is needed. In this context, automatically means that no assistant is required in order to operate the receiver while direction-finding on the move.For mobile applications in general, the ADFA 2 can be easily attached to or detached from a vehicle roof thanks to its magnetic base. Only one connecting cable links the antenna to the SignalShark. There is, therefore, no need to drill holes in the vehicle bodywork in order to attach the antenna. This is a great advantage, particularly if the task involves the use of a rental vehicle. Regardless of the make of vehicle, Narda’s new automatic DF antenna delivers precise measurement results with the highest accuracy without the need for the otherwise necessary vehicle correction tables.Military signals are generally transmitted over long distances, so they often make use of correspondingly low frequencies in order to achieve the desired long ranges. The extended range of the ADFA 2 in the low-frequency band also covers this application.Automatic direction finding and localization with single-channel receiversThe secret of automatic localization of interference signals lies in the statistical probability. In an urban setting, where there are many reflections from buildings, the probability of a hit increases with the precision and number of bearings that indicate a particular direction. Narda has tweaked and optimized both these parameters during the development of the ADFA 2. The precision and extreme stability of the bearing results from the automatic DF antenna is due to its large aperture combined with the use of a reference element and the sophisticated processing of the bearing results by the SignalShark software. The measurement speed also plays a major part. The chance of getting a perfect bearing or so-called line of sight when passing by a row of buildings, for example, naturally increases with the speed of the measurement. The more results that point in a given direction or to a particular location, the more stable the end result will be.The principle of automatic direction finding using single-channel receivers is based on the phase difference between the antenna elements. The nine dipole elements are arranged in a circle and are measured against a central reference element. The diameter (aperture) of the circle mainly determines the accuracy of the bearing. Single-channel systems, that is systems with just one analyzer, can only make fully automatic, reliable and extremely precise bearing measurements in conjunction with a sophisticated array of antennas, phase shifters, and complex evaluation algorithms. A complete bearing cycle takes a mere 1.2 milliseconds and achieves a typical accuracy of up to 1° RMS.Two new internal planesThe ADFA 2 comprises an array of nine antenna elements (dipoles) arranged on a flat plane with a central omnidirectional reference antenna just like the ADFA 1. The reference antenna provides the advantage that the measurement technician can observe the broadband spectrum at the same time as direction-finding. The ADFA 2 has two additional planes: a lower plane with two orthogonally crossed coils for the frequency range from 10 to 200 MHz, and an upper plane with a further nine dipoles for frequencies between 2.7 and 8 GHz. Compared with the ADFA 1, the external diameter of only 480 millimeters is the same, and the two additional internal planes mean that the ADFA 2 weighs just 1 kg more, at 6.5 kg.Click here to learn more about SignalShark ADFA 2.last_img read more

Continue reading

UWF Baseball Rises To No. 12 Nationally In Latest NCBWA Poll

first_imgColorado Mesa supplanted Delta State as the nation’s No. 1 team. The Statesmen fell to No. 6. West Florida is the only other GSC squad in the national Top 25. Tampa, the No. 1 in the Collegiate Baseball Newspaper poll, checked in at No. 3 in the NCBWA rankings. NCBWA NATIONAL POLLDALLAS – UWF baseball rose in the latest iteration of the National Collegiate Baseball Writers Top 25 this week. The Argos are now No. 12 nationally. UWF (18-8, 11-1 GSC) is tied with Illinois Springfield for 12th in the NCBWA poll. The Argonauts are also ranked in the Collegiate Baseball Newspaper Top 25. UWF baseball checked in there at No. 23 Tuesday.The team also remained No. 3 in the latest South Region poll released by the National Collegiate Baseball Writers Association.The Argos are 12-2 over the last 14 games. The team takes the field tonight at Blue Wahoos Stadium vs. the University of Wisconsin-Whitewater. First pitch is slated for 5:00 p.m. The No. 12/23 Argonauts head to Delta State for a pivotal three-game series vs. the No. 2/6 Statesmen beginning at 1:00 p.m.For the latest information on UWF athletics, follow the Argos on Twitter @GoArgos.center_img #ARGOS#Print Friendly Versionlast_img read more

Continue reading

Soal higienis? Makan di Kereta dan Pesawat Tak Jauh Berbeda

first_imgIlustrasi makanan di kereta (moneylife.in) Sebagai makanan yang disajikan dalam kemasan, maka makanan di kereta mungkin tak jauh berbeda dengan makanan di pesawat. Hanya saja cita rasa masakannya lebih nikmat karena indera pengecap Anda tidak menurun fungsinya. Namun, tetap saja makanan yang di jual di kereta tetaplah bukan makanan segar melainkan makanan yang dipanaskan dalam microwave atau makanan cepat saji.Baca juga: Update Terbaru Aplikasi KAI Access, Tawarkan Fitur Check In Online dan Pesan MealsSejak era standarisasi layanan dan kebersihan diterapkan di kereta api, gerbong restorasi tak lagi menawarkan makanan dengan cara di masak di dapur. Dengan begitu makanan yang disajikan menjadi lebih higienis. Namun tetap saja ada beberapa alasan alasan yang membuat makanan di kereta sama tidak higienisnya dengan makanan pesawat. Berikut ini beberapa alasan berpikir lagi sebelum memilih makanan di kereta dan cara yang tepat untuk mengubahnya menjadi lebih baik. 1. Kebersihan gerbong makan (Restoran kereta)Ini sangat penting, karena menentukan makanan yang tersimpan masih dalam kualitas baik atau tidak. Jika gerbong makan kotor, mencerminkan makanan yang di jual tidak higienis meski tertutup.2. Pembagian jenis makananJika di Indonesia makanan kereta di jual dan dibedakan tempatnya sesuai jenis makanan. Di India lain lagi dengan membeli tiket kereta penumpang sudah mendapat makan. Di India, akan di bagi antara makanan vegetarian dan tidak. Namun, jika tidak ada pendingin, makanan seperti salad tidak akan bertahan lama dan tidak layak lagi untuk dimakan penumpang vegetarian.3. StandarisasiKadang makanan yang ada di kereta bisa saja dibawah standarisasi kesehatan yang ditentukan. Tapi apa daya, karena makanan yang ada biasanya sudah lebih dari 2 hari karena beku dan akan dihangatkan jika ada yang membeli atau akan dibagikan ke penumpang.4. Tidak ada penyimpanan makananDi kereta tidak ada kulkas atau freezer untuk menyimpan makanan, melainkan hanya ada box es atau chiller manual yang digunakan untuk meletakkan makanan beku tersebut sebelum dipanasakan dalam microwave. Sebenarnya jika ada mungkin makanan akan bertahan lebih lama.5. Makanan SisaIni terkadang jadi bahan pemikiran dan pertanyaan, kemana makanan beku yang tak di makan? Di Indonesia sendiri sekitar 7 hari makanan beku bertahan tetapi setelahnya tidak jelas di kemanakan. Sedangkan di India, makanan yang tak termakan dan masih bagus di sumbangkan ke panti asuhan atau lembaga amal lainnya.Dengan alasan ini, sebenarnya, ada solusi yang bisa memudahkan para penumpang membeli makanan atau tidak. Setidaknya ada dua hal yang bisa menjadi solusi dalam pilihan ini.Baca juga: Tinggalkan Makanan Beku, Kereta di India Tawarkan Menu Siap Saji dari Resto Ternama1. Makanan sendiriBila tidak suka makanan yang dipanaskan, penumupang bisa membawa sendiri dari rumah. Selain lebih higienis, makanan yang dibawa dari rumah juga lebih sehat dan terjamin kualitasnya.2. Pesan melalui aplikasiKini, baik Indonesia maupun India, sudah bisa memesan makanan untuk di kereta secara online. Makanan ini bisa lebih fresh meskipun makanan cepat saji, karena di ambil oleh pihak penyedia jasa sebelum Anda berangkat. Selain mudah, makanan juga akan langsung diantar ke kursi tempat Anda duduk.Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Like this:Like Loading… RelatedMau Sarapan Nikmat di Kereta, Tak Tahunya Ada Cacing di Paket Makanan08/05/2018In “Darat”Tergerus Zaman, Tradisi Bawa Bekal dan Berbagi Makanan di Kereta India Mulai Hilang08/03/2018In “Darat”Jadwal Perjalanan Terencana, Pesan Makanan Pun via Online14/02/2017In “Basis Aplikasi”last_img read more

Continue reading

Nishikori to play in French Open

first_imgOn Thursday, Nishikori fell 6-2, 6-4 in the quarterfinals to world No. 108 Robby Ginepri of the United States at the Tallahassee Challenger, a lower tier event, in Tallahassee, Fla. He missed the Sony Ericsson Open in Miami last month with discomfort in the same arm.Most players must have a world ranking in the top 100 to secure a spot directly into the main draw at the French Open. GET THE BEST OF THE JAPAN TIMES Kei Nishikori has entered for next month’s French Open, his management said on Friday.The 20-year-old, who made his comeback from an elbow injury in February, has a protected ATP ranking of No. 106 for the second Grand Slam tournament getting under way at Roland Garros on May 23. He will likely appear from the qualifying round.center_img IN FIVE EASY PIECES WITH TAKE 5last_img read more

Continue reading

Bristol City Under-18s 5-3 Plymouth Argyle Under-18s

first_imgCity’s youngsters had the greater attacking threat throughout the game but were unable to initially break down the Plymouth backline.Marlee Francois finally broke the deadlock after 20 minutes, cutting in from the left and beating the Argyle keeper from outside the box.City continued to put pressure on Plymouth, forcing a number of mistakes and threatening the Argyle goal.The high pressure from City eventually paid off, as the Robins were able to score another two goals in quick succession, coming from a trialist and Sam Pearson.Plymouth got themselves back into the game pulling two goals back before half-time.Soon after the break, City wasted no time in adding to the goals as Pearson calmly slotted the ball in the bottom left corner from the penalty spot.The Robins then took advantage of an Argyle error, allowing Pearson to chip the keeper and complete his hat-trick before the hour mark, extending City’s advantage to three goals.City conceded in the closing minutes but the held on to secure victory at UWE Hillside Gardens, making it two wins from two as their preparation continues for the 2019/20 campaign.Words: Sally Gilllast_img read more

Continue reading

Bennies Beat Cobbers in Season Opener

first_img Courtney Conlin, Julia Pias, and Mollie Wise each scored for CSB. Maggie Gilchrist made 28 saves and allowed one goal.The Bennies improve to 1-0 and will travel to Minneapolis on Saturday to face Augsburg University in a scrimmage game. 360p About Connatix V56490 1/1 Auto (360p) Visit Advertiser website GO TO PAGE Skip center_img 1080p HD About Connatix V56490 The College of St. Benedict hockey team won their season and home opener against Concordia College on Friday.Concordia struck first, netting a goal early in the first period. St. Ben’s answered with two of their own to take a 2-1 lead late in the period.After a scoreless second, the Bennies scored again in the third and sealed the 3-1 win. 720p HDlast_img read more

Continue reading