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There's nothing more British than a mild gripe about politeness, which goes a long way to explaining why three-quarters of British consumers say they want businesses to up their game when it comes to their phone manner.
Surveying 1,000 consumers from the UK on the impact of politeness in customer service, research consultancy TNS and PH Media Group found that just 23% of respondents are satisfied with the general phone manner of UK businesses.
This is particularly poignant among the older generation, with only 12% of 55 to 64 year-olds claiming to be pleased with the phone manner of the UK businesses they interact with, in contrast to 34% of 25 to 34-year-olds and 27% of 16 to 24-year-olds.
"There is perhaps a tendency among companies to focus their attention and budgets on visual marketing and internet presence but the telephone remains a crucial aspect of branding, marketing and sales," says Mark Williamson, sales and marketing director, PH Media Group.
"If only 23% of customers are pleased with the way their calls are being handled, this means there is an even larger number who have generated a negative perception through bad caller experience."
Levels of satisfaction fluctuate throughout Britain; Londoners are considered the most content with 32% claiming to be satisfied with how their calls are handled, followed by Wales and the South West (27%) and the Midlands (25%).
On the other hand, northerners appear to be the most unhappy, with only 15% of Scots satisfied, followed by Yorkshire and the North East (16%) and the North West (18%).
"Regardless of the regional differences, satisfaction levels remain low across the board, so there is an onus on businesses to address this by improving overall caller experience," added Williamson.
"Responding to calls quicker or establishing a set practice for answering the phone both represent a good start but true best practice can be achieved by implementing tools such as on-hold marketing - bespoke voice and music messages that are played on hold - in order to establish top-class service and a congruent brand across all touchpoints with customers."
Phone politeness appears to be a very British bugbear - a recent survey by CorvisaCloud stated that, among US consumers, the biggest issue with call centres was the apparent lack of interest and reading from scripts, with 80% of respondents 'vexed' by calls that involved 'robotic' call centre agents.
Chris is Editor of MyCustomer. He is a practiced editor, having worked as a copywriter for creative agency, Stranger Collective from 2009 to 2011 and subsequently as a journalist covering technology, marketing and customer service from 2011-2014 as editor of Business Cloud News. He joined MyCustomer in 2014.
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subset: commoncrawl


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I really don't mind. I just like to see what ppl think.
I finally got my 01 Passat bagged. Took sometime but it's finally done. Need to do a few more cutting to sit how I want but I like it.
Also turbo blew after Wuste Vegas. Brand new BorgWarner ko3 👍🏻
Didn't really want to upgrade to a bigger turbo. Just wanted an oem reliable one till I finish the car Exterior/Interior. After that possibly a fresh motor rebuild


text: This event has passed. JOIN COPE SERVICE DOGS FOR OUR ANNUAL MOTHER'S DAY HIGH TEA SATURDAY MAY 11TH, 2019 SORRY FOLKS, WE SOLD OUT AGAIN THIS YEAR! + Google Calendar+ iCal Export Details Date: May 11, 2019 Time: 11:00 am - 3:00 pm Cost: $50 Event Categories: COPE Community Events, Local Events - Barrie, Local Events - Toronto Venue Barrie, Ontario L4N 9J2 Canada + Google Map Phone: 705-791-5703 Organizer Kim Jeffery Phone: 705-734-2673 Email: email@example.com Website: www.copedogs.org


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The AMG E-Class Cabriolet's driver alert monitor detects an inattentive driver then sounds a warning and suggests a break. According to the NHTSA, drivers who fall asleep cause about 100,000 crashes and 1500 deaths a year. The S5 doesn't offer a driver alert monitor.
Both the AMG E-Class Cabriolet and the S5 have standard driver and passenger frontal airbags, front side-impact airbags, driver knee airbags, side-impact head airbags, front and rear seatbelt pretensioners, four-wheel antilock brakes, all wheel drive, traction control, electronic stability systems to prevent skidding, crash mitigating brakes, daytime running lights, rearview cameras, available lane departure warning systems, around view monitors and rear cross-path warning.
There are over 26 percent more Mercedes dealers than there are Audi dealers, which makes it easier should you ever need service under the AMG E-Class Cabriolet's warranty.
J.D. Power and Associates' 2019 Initial Quality Study of new car owners surveyed provide the statistics that show that Mercedes vehicles are better in initial quality than Audi vehicles. J.D. Power ranks Mercedes 12th in initial quality. With 12 more problems per 100 vehicles, Audi is ranked 22nd.
The AMG E-Class Cabriolet's 3.0 turbo 6-cylinder hybrid produces 80 more horsepower (429 vs. 349) and 15 lbs.-ft. more torque (384 vs. 369) than the S5's 3.0 turbo V6.
On the EPA test cycle the AMG E-Class Cabriolet gets better fuel mileage than the S5 (20 city/26 hwy vs. 19 city/26 hwy).
The AMG E-Class Cabriolet has 2.1 gallons more fuel capacity than the S5 (17.4 vs. 15.3 gallons), for longer range between fill-ups.
A nine-speed automatic is standard on the Mercedes AMG E-Class Cabriolet, for better acceleration and lower engine speed on the highway. Only an eight-speed automatic is available for the S5.
For better stopping power the AMG E-Class Cabriolet's brake rotors are larger than those on the S5:
AMG E-Class Cabriolet
Front Rotors
14.6 inches
13.8 inches
Rear Rotors
14.2 inches
13 inches
For better traction and acceleration, the AMG E-Class Cabriolet has larger rear tires than the S5 (275/35R19 vs. 245/40R18). The AMG E-Class Cabriolet's rear tires are larger than the largest rear tires available on the S5 (275/35R19 vs. 265/30R20).
The AMG E-Class Cabriolet's standard 275/35R19 rear tires provide better handling because they have a lower 35 series profile (height to width ratio) that provides a stiffer sidewall than the S5's standard 40 series tires.
For better ride, handling and brake cooling the AMG E-Class Cabriolet has standard 19-inch wheels. Smaller 18-inch wheels are standard on the S5.
Changing a flat tire near traffic can be dangerous and inconvenient. The run-flat tires available on the AMG E-Class Cabriolet can be driven up to 50 miles without any air pressure, allowing you to drive to a service station for a repair. The S5 doesn't offer run-flat tires.
The front and rear suspension of the AMG E-Class Cabriolet uses air springs for a smoother, controlled ride than the S5, which uses coil springs. Air springs maintain proper ride height and ride more smoothly.
The AMG E-Class Cabriolet has a standard automatic front and rear load leveling suspension to keep ride height level with a heavy load or when towing. The AMG E-Class Cabriolet's height leveling suspension allows the driver to raise ride height for better off-road clearance and then lower it again for easier entering and exiting and better on-road handling. The S5 doesn't offer a load leveling suspension.
The AMG E-Class Cabriolet's drift compensation steering can automatically compensate for road conditions which would cause the vehicle to drift from side to side, helping the driver to keep the vehicle straight more easily. The S5 doesn't offer drift compensation steering.
For a smoother ride and more stable handling, the AMG E-Class Cabriolet's wheelbase is 4.3 inches longer than on the S5 (113.1 inches vs. 108.8 inches).
For better handling and stability, the track (width between the wheels) on the AMG E-Class Cabriolet is 1.6 inches wider in the front and 1.1 inches wider in the rear than on the S5.
The AMG E-Class Cabriolet has 6 cubic feet more passenger volume than the S5 (87 vs. 81).
The AMG E-Class Cabriolet has a much larger trunk with its top down than the S5 Cabriolet with its top down (9.5 vs. 7.3 cubic feet).
To make loading and unloading groceries and cargo easier, especially for short adults, the AMG E-Class Cabriolet has a standard power trunk, which opens and closes automatically by pressing a button or just by kicking your foot under the back bumper, completely leaving your hands free. The S5 doesn't offer a power trunk, so its trunk has to be closed manually.
J.D. Power and Associates surveys of service recipients show that Mercedes service is better than Audi. J.D. Power ranks Mercedes fifth in service department satisfaction. With a 13% lower rating, Audi is ranked 8th.
The AMG E-Class Cabriolet has a standard remote vehicle starting system, so the vehicle can be started from inside the driver's house. This allows the driver to comfortably warm up the engine before going out to the vehicle. The climate system will also automatically heat or cool the interior. The S5 doesn't offer a remote starting system.
Unlike the driver-only memory system optional at extra cost in the S5, the AMG E-Class Cabriolet has standard driver and passenger memory, so that when drivers switch, the memory setting adjusts the driver's seat, steering wheel position and outside mirror angle and the front passenger seat also adjusts to the new passenger's preset preferences.
The AMG E-Class Cabriolet's standard easy entry system raises the steering wheel, making it easier for the driver to get in and out. The S5 doesn't offer an easy entry system.
The AMG E-Class Cabriolet's standard power windows have a locking feature to keep children in the rear seat from operating them, but the driver can still raise and lower all of them with the lock engaged. Audi does not offer a locking feature on the S5's standard power windows.
In case of a sudden change of weather, the AMG E-Class Cabriolet has a standard remote convertible top that can be raised from a distance to protect the interior of the vehicle from damage. The S5 doesn't offer a remote top, so the driver will have to run to the car, get in, turn the ignition on and raise the top to prevent the interior from being damaged.
The AMG E-Class Cabriolet's power window, power lock, power mirror and cruise control switches are lit from behind, making them plainly visible and easier to operate at night. The S5's cruise control switches are unlit, making them difficult to find at night and operate safely.
Heated windshield washer fluid is standard on the AMG E-Class Cabriolet to defrost the washer nozzles and quickly clear ice and frost from the windshield without scraping. The S5 doesn't offer heated windshield washer fluid. Its standard heated washer nozzles will defrost the washer fluid but not the windshield.
To help drivers avoid possible obstacles, the AMG E-Class Cabriolet has standard cornering lights to illuminate around corners when the turn signals are activated. The S5 doesn't offer cornering lights. The AMG E-Class Cabriolet also offers optional adaptive headlights to illuminate around corners automatically by reading vehicle speed and steering wheel angle.
To quickly and conveniently keep personal devices charged without cables tangling and wearing out, the Mercedes AMG E-Class has a standard wireless phone charging system (Qi) in the center console. Only the S5 Premium Plus/Prestige offers wireless charging.
The AMG E-Class Cabriolet's optional Active Parking Assist can parallel park by itself, starting, stopping and changing direction automatically. The S5 Prestige's automatic parking system requires operating the brakes and transmission to safely park.
The Mercedes AMG E-Class comes in coupe, convertible, sedan and station wagon bodystyles; the Audi S5 isn't available as a station wagon.
The E 450/E 53 was chosen as one of Car and Driver's "Top Ten" for 2 of the last 3 years. The S5 has never been a Car and Driver "Top Ten" pick.
The Mercedes E-Class/CLS outsold the Audi A5/S5/RS 5 by 74% during 2019.
© 1991-2018 Advanta-STAR Automotive Research. All rights reserved.
Get the best value for your car from an Asbury dealership.


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Earthquake activity increased during December 2007. White Island, Mt Ngauruhoe, and Mt Ruapehu remained at Alert Level 1.
GeoNet, the USGS (NEIC) and GNS Science reported 53 earthquakes in the New Zealand area between the Kermadec Islands in the north, and the Auckland Islands to the south during December 2007. The magnitude distributions were as follows:
M7 to 7.9 (1), M6 to 6.9 (1), M5 to 5.9 (6), M4 to 4.9 (21) M3 to 3.9 (20).
An additional 4 events in the magnitude 2 range were deemed worthy of mention.
Gisborne residents were given a foretaste of what was to come later in the month, when a magnitude 7.8 earthquake struck north of Raoul Island on the evening of December 9th. The 150 km-deep quake was located 375 km north of Raoul Island and was felt throughout the North Island and as far south as Christchurch. On the East Coast, the quake was felt as a strong swaying motion which lasted long enough for people to react and head for doorways and other cover.
Only one aftershock, a magnitude 4.8 quake on the 17th, has been identified amongst the 8 other quakes ranging in magnitude between 4.7 and 5.2 that occurred throughout the Kermadec Islands during December.
A pair of quakes with magnitudes 4.3 and 4.0 struck 40 km north of Karamea on December 12th. The shallow quakes were at depths of 20 and 12 km.
On December 16th a pair of quakes struck 20 km south-west of Wanganui. The quakes with magnitudes 3.7 and 4.0 were at depths of 30 km.
Christmas shoppers in Gisborne had lucky escapes when a magnitude 6.8 earthquake struck just before 9 p.m. on December 20th. The off-shore quake was located 50 km south-east of Gisborne at a depth of 40 km and caused considerable damage. Buildings lost parapets, some partially collapsed and houses sustained damage. Fires were quickly brought under control and only a dozen minor injuries were reported. One death was associated with the quake, that of an elderly woman who had a heart attack during the 40-odd seconds of shaking that overturned furniture and filing cabinets and hurled contents from cupboards.
By the 6th of January 2008, disaster insurer EQC had received claims totalling over $13 million from the quake, with nearly $12 million coming from over 2,000 claims in the Gisborne area.
The Matata earthquake swarm recommenced activity after a quiet period in November. Thirteen quakes with magnitudes between 2.8 and 4.1 were reported at offshore locations between 10 and 20 km of the town during December.
Regular reporting of the status of New Zealand's volcanoes ceased at the end of June 2007, with the closure of the Hazard Watch service. Only one Alert Bulletin was issued during December 2007, following continued earthquake activity near White Island. Minor changes to the volcano's hydrothermal system were noted as well as weak volcanic tremor and small volcanic earthquakes. However, the changes were not significant, and the alert status for the volcano remained at 1.
At the end of December 2007, New Zealand's active volcano status can be summarised as follows:
Raoul Island (Alert Level 0).
White Island (Alert Level 1).
Mt Ngauruhoe (Alert Level 1).
Mt Ruapehu (Alert Level 1).
[Compiled from data supplied by GNS Science, US Geological Survey, GeoNet, and their contributing agencies.]


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This is a blog about myself, my art and my life. It may also include comments about comics, music, tv, movies, or whatever nonsense may come to mind. I must note that I have original art and prints available for sale, and I am also available for hire for commission work. Portraits can be a great gift, be it family, friends, or of someone's favorite singer or actor.
Friday, April 17, 2009
What I'm going to do...
I will be at the Ink & Thread for the West Branch Art & Wine Walk on Saturday, April 17th from 5-9pm. I will also be at the Blastin' The Blues for the Tolfree Foundation at Dean Arbour in West Branch on Thursday, April 23. Gotta get to work, but hope that holds ya for now...
Posted by jasontheartist at 10:52 AM
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David Clerkin – The POST.IE
The Irish stock market is set to suffer significant fall-out from last week's dramatic drops.
Many wealthy investors in contracts for difference (CFD) products, and in specialist investment funds with a heavy exposure to the Irish market, are understood to have incurred significant losses.
CFD holders, whose business accounts for up to 50 per cent of trading volumes on the Irish Stock Exchange, were among the heaviest losers in last week's share decline.
Now it has been learned that they have also had their buying power severely curtailed after a move by Cantor Fitzgerald, the US investment bank that provides the bulk of CFD products to clients of Dublin brokers, to protect itself from losses caused by falling share prices.
This will severely curtail their trading levels in the market, cutting the overall level of activity in the market and the income of stockbroking firms.
CFDs, which have also attracted business from wealthy investors, allow them to gain exposure to individual stocks without physically buying the shares in question. They have attracted large commission fees for local broking firms and are considered one of their most lucrative sources of income from high net worth clients.
They also generate spin-off fees – the Irish Stock Exchange estimates that CFDs drive between 30 per cent and 50 per cent of its total share trading volumes.
Cantor changed its policy governing margin payments from CFD clients last week, doubling the amount of upfront cash they must put up to trade in CFDs.
The move will mean that CFD traders who put €10,000 in their trading account will, from now on, only be able to have exposure to shares worth €50,000, down from €100,000 under the previous policy.
CFD traders also suffered heavily during last week's market sell-off, which knocked 10 per cent off the main financial stocks in Dublin between Thursday and Friday.
The highly leveraged nature of the instruments meant that a 10 per cent fall in an individual stock would have been enough to wipe out all the money put up by a typical CFD investor to enter into a contract.
Some brokers said clients who had enjoyed lengthy success in CFD investing had continued to roll up their investments into fresh CFDs, instead of taking their gains in cash.
Last week's falls brought previously successful trading strategies to an abrupt end, they said.


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In a recent test series at Yuma Proving Ground in Arizona, DARPA's Collaborative Operations in Denied Environment (CODE) program demonstrated the ability of CODE-equipped Unmanned Aerial Systems (UASs) to adapt and respond to unexpected threats in an anti-access area denial (A2AD) environment. The UASs efficiently shared information, cooperatively planned and allocated mission objectives, made coordinated tactical decisions, and collaboratively reacted to a dynamic, high-threat environment with minimal communication.
The air vehicles initially operated with supervisory mission commander interaction. When communications were degraded or denied, CODE vehicles retained mission plan intent to accomplish mission objectives without live human direction. The ability for CODE-enabled vehicles to interact when communications are degraded is an important step toward the program goal to conduct dynamic, long-distance engagements of highly mobile ground and maritime targets in contested or denied battlespace.
"The test series expanded on previously demonstrated approaches to low bandwidth collaborative sensing and on-board planning. It demonstrated the ability to operate in more challenging scenarios, where both communications and GPS navigation were denied for extended periods," said Scott Wierzbanowski, DARPA program manager for CODE.
During the three-week ground and flight test series in a live/virtual/constructive (LVC) environment, up to six live and 24 virtual UASs served as surrogate strike assets, receiving mission objectives from a human mission commander. The systems then autonomously collaborated to navigate, search, localize, and engage both pre-planned and pop-up targets protected by a simulated Integrated Air Defense System (IADS) in communications- and GPS-denied scenarios.
"The demonstrated behaviors are the building blocks for an autonomous team that can collaborate and adjust to mission requirements and a changing environment," said Wierzbanowski.
The DARPA team also has advanced the infrastructure necessary to support further development, integration, and testing of CODE as it transitions to future autonomous systems.
Achievements include incorporation of third-party autonomy algorithms into the current software build, the creation of a government repository and lab test environment for the CODE algorithms, and the successful demonstration of the Johns Hopkins University Applied Physics Laboratory White Force Network capability to provide constructive threats and effects in an LVC test environment.
CODE's scalable capabilities could greatly enhance the survivability, flexibility, and effectiveness of existing air platforms, as well as reduce the development times and costs of future systems.
Further development of CODE and associated infrastructure will continue under DARPA until the conclusion of the program in spring 2019, followed by full transition of the CODE software repository to Naval Air Systems Command.
Image Caption: CODE artist's concept
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Marc Beckmann
born 1974 in Münster, Germany, is a qualified industrial designer with 15 years of design experience across some of the most innovative brands and design houses in Europe.
He worked for clients such as the VW Design Center, BMW Group, Mercedes, Porsche and Saab to name a few, in between Design and Engineering for In- and Exterior Design of various car lines, including concept cars.
Well-trained in cutting-edge Visualisation techniques, his work extends to the likes of VistaPark and XO Designgroup.
Specialising in various Design disciplines such as 2D Sketching, Polygon- and Class-A Modeling he is able to consult on the complete spectrum of a Design project.
As a balance to his daily grind he finds relaxation in experimental cooking and board sports such as Snowboarding, Surfing and Wake Boarding. He is also a devoted sailor.
Mattias Vesterlund
born 1974 in Sweden, earned his Bachelor of Science Degree in Transportation Design from the Art Center College of Design (ACCD) in the year 2000.
Ever since then he has been consulting independently for most major Automotive OEMs, participating in the development of over 40 cars, both Concept and Production vehicles.
With the skill set of a designer he progressively turned his focus to the Digital Design process, and as a reaction to the ever increasing demand for quality 3D Modeling and Visualisation expertise he founded VForm Design GmbH.
Mr. Vesterlund is a passionate Scuba Diver (PADI Rescue Diver) and a dedicated Golfer (Hcp 12).
He speaks English, German and Swedish fluently.
> Virtual Design & Styling Sculptors <


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Technology changes are all around us, and coming faster than ever. There's always something new on the horizon, and we can't help but wait and wonder what technological marvels are coming next.
Information Technology, like any other space in life, has its own benefits and challenges. We live in an increasingly digitally-enhanced, connected world dependent on Artificial Intelligence, Machine Learning and Automation, whether it be Alexa or any other platform.
Automation, Serverless Computing, Hybrid Clouds, AI, Artificial Super-Intelligence, Machine learning, Robotic Automation, Blockchain, Marketing Automation and Inbound Marketing have reached a critical tipping point and will increasingly augment and extend virtually every technology enabled service, thing or application. Creating intelligent systems that learn, adapt and potentially act autonomously rather than simply execute predefined instructions is primary business focus atleast through the next decade.
From voice-controlled smart door locks for the home, to fully automated manufacturing and logistics systems, we rely on technologies such as the Internet of Things (IoT) and Artificial Intelligence (AI) to cater for our lifestyles, our goods and services.
Hybrid & Multi Clouds.
Multi-Cloud is one of today's biggest buzzwords. Multi-Cloud is also a fairly general term being used by many people for many purposes. Multi-cloud (also multicloud or multi cloud) is the use of multiple cloud computing and storage services in a single heterogeneous architecture. Multicloud is a cloud approach made up of more than 1 cloud service, from more than 1 cloud vendor—public or private. Shadow IT is becoming a reality that contributes to multiclouds. Hardware or software deployed independently from the central IT team may become large enough to warrant more oversight. At that point, migrating the infrastructure and data to a preferred system (let's pretend we're talking about public clouds here) might be out of the question.
IoT – Connected Devices.
With the world advancing towards the concept of smart cities & Automation, Internet of Things has undoubtedly become one of the main drivers for large businesses to grow. Internet of Things (IoT) is an ecosystem of connected physical objects that are accessible through the internet. The 'thing' in IoT could be a person with a heart monitor or an automobile with built-in-sensors, i.e. objects that have been assigned an IP address and have the ability to collect and transfer data over a network without manual assistance or intervention. The IoT is significant because an object that can represent itself digitally becomes something greater than the object by itself. No longer does the object relate just to its user, but it is now connected to surrounding objects and database data.
Blockchain technology is commonly associated with Bitcoin and other cryptocurrencies, but that's just the tip of the iceberg. A blockchain is a growing list of records, called blocks, which are linked using cryptography. The most basic definition of blockchain is a shared, digitized ledger that cannot be changed once a transaction has been recorded and verified. All parties to the transaction, as well as a significant number of 3rd parties maintain a copy of the ledger (i.e. the blockchain), which means it would be practically impossible to amend every copy of the ledger globally to fake a transaction. The concept of blockchain has energized the financial services industry globally. The concept has already brought a disruption in the financial industry.
Automation – RPA.
Robotic Process Automation is the use of software with artificial intelligence (AI) and machine learning capabilities that allows anyone today to configure computer software, or a "robot" to emulate and integrate the actions of a human interacting within digital systems to execute a business process,such as to handle high-volume, repeatable tasks etc; More CIO's are turning to robotic process automation to eliminate tedious tasks, freeing corporate workers to focus on higher value work. By applying robotic process automation (RPA) to business processes, organizations gain a competitive advantage, cut costs, boost job satisfaction, and improve data accuracy. RPA is considered as "Future Skills" platform in a survey by NASSCOM and the Boston Consulting Group.
Artificial Intelligence and Machine Learning.
Artificial Intelligence (AI) and Machine Learning (ML) are two very hot buzzwords right now, and often seem to be used interchangeably. Machine learning is a particular approach to artificial intelligence. Artificial Intelligence is going to be the most dominant feature of every business. Everyone is curious about latest trends in Artificial Intelligence (AI). You can think of deep learning, machine learning and artificial intelligence as a set of Russian dolls nested within each other, beginning with the smallest. Machine learning is a subset of artificial intelligence in the field of computer science that often uses statistical techniques to give computers the ability to "learn", "adapt" and "react" autonomously. People want to move towards cognitive services that include human like chatbots, speech to text and vice versa applications which is more human and more friendly than ever.
CyberSecurity, Compliance & Governance.
Cybersecurity has become a topic of interest to every financial institution as regulators increase their focus on cyber risks and controls. A common problem companies face when creating a cyber security program is a lack of communication and organization between departments and employees. Ethics and compliance can play a critical role in cyber security because of its understanding that behavior drives security breaches and responses to them. Employee error is the main cause of cyber security breaches. Reduce your risk by educating your employees with on CyberSecurity practices. With an increased focus on cybersecurity compliance in 2018, it's critical to take a proactive approach, so you don't have to scramble to satisfy regulators while dealing with the aftermath of an attack. Learn more about the latest CyberSecurity trends and practices in related blogs.


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For Beth,
Follow your dreams-and help us to make the world a better place for human and non-human beings.Dr. Jane
I cannot verfy the author of the above note and signature, but since I found it on the title page of a book by Jane Goodall, I suspect it is authentic. I found the book , In the Shadow of Man, at a used book sale benefiting a local charity. I've wondered who Beth is. Did she need to discard possessions for a move, did she die, or did she just not realize what a treasure she was giving away? If she donated it for charity's sake, offering it for auction or selling on eBay might have raised more support. I don't think the two dollars I paid helped the charity much.
This was not my first almost-close encounter with Jane Goodall. When my son was in elementary school many years ago, she came to his school. She was in our city for a public event but this was arranged privately by one of the teachers. I believe she had some personal connection with the famous researcher such that Dr.Goodall agreed to a private visit, with no news media present.
In anticipation of her visit, the children were asked to write poems about Dr.Goodall. I don't remember exactly how it came about, but my son's poem was chosen to present to her as a gift. And he was chosen to go on stage and give it to her.
This happened long before the days of cell phone cameras and social media; if it happened today, I and the rest of the world would have seen it minutes later. But thanks to a teacher with a camera, a few weeks later he came home with a photo of him shaking hands with the lady famous for hanging out with chimpanzies.
In the Shadow of Man-and chimpanzees
In 1960,26 year old Jane Goodall went to Tanzania to study chimpanzees. No one had studied chimps before, so little was known about their behavior in the wild. Biologically and genetically, chimps are closer to humans than any other animal, so scientists believed understanding their behavior could shed light on some aspects of human behavior.
Jane roamed the forests of the Gombe Stream Chimpanze Reserve in Tanzania watching the chimps first with binoculars then with direct observation at close range, even occasionally close enough to touch them. She was accompanied by her mother Vanne, and later joined by a photographer Hugo van Lawick . Working together with nature and animals as their common interest, they fell in love and married. Eventually she had a staff of research assistants and students involved in observation and reporting about the chimps and other animals.
In this book, written 10 years later (and periodically updated; my copy was revised in 1988.) Dr. Goodall details her years of living among the chimps and her detailed observations and conclusions about their behavior. (For which she earned her doctorate degree.)
One of her observations was that "like humans, chimpanzees are omnivores, feeding on vegetables, insects, and meat." Which brings me to a review of a more recent book by Dr. Goodall.
Harvest for Hope-A Guide to Mindful Eating
Jane Goodall is just as interested in people as she is chimpanzees. Despite the title, though, this book is not about dining while listening to soothing music by candlelight in order to relax and de-stress.
Jane Goodall wants us to manage stress , not so much our own, but the stress of our planet, by producing, transporting, preparing, and eating our food in ways less harmful and wasteful to us and our planet. She wants us to
Goodall reflected back on her life as a child in England , when her family's food supply was limited by the shortages of a world war. Even in peacetime, they ate what was grown locally and seasonally, rather than food flown in from distant lands. Her nutrition ideas are not new or unique, but she helps us realize our food choices effect the environment as much as the environment effects our diet.
Dr. Goodall recommends buying locally grown, organic foods exclusively, and avoid GMO foods, imports, bottled water, and fast food. She advocates a meat free diet. She urges us to waste less. She believes we need to "take back food productions from large corporations." We will be healthier and so will our planet she believes.
Dr. Jane recommends humans avoid
- GMO (genetically modified organism) foods
- meat
- imported food
- bottled water
- fast food
- refined processed carbs
- concentrated and synthetic sweeteners
- commercial oils
Dr. Jane encourages us to
- Take back food production from large corporations
- Waste less.
- Use a filter for drinking water
- Eat organic locally grown food.
- Eat fruits, vegetables, legumes
- Use olive oil, herbs, seasonings
Follow this link to learn about Jane Goodall's life and work today.
the Jane Goodall Institute
"Dr. Jane Goodall went into the jungles of Tanzania to study wild chimpanzees and share their stories. She left the jungle to become an activist – to protect those chimps and work with people to improve lives while opening minds and hearts. Now, she donates her time to the Jane Goodall Institute, traveling on average up to 300 days per year"
exploring the HEART of mindful eating
I appreciate all of you who follow this blog; there are numerous other blogs to choose from so I am honored you chose to spend some time here. A special welcome to all my new followers from this past month.
I would love for you to start following Watercress Words : use this form to get an email notification of new posts . Please find and follow me on Facebook, Pinterest and LinkedIn. Thanks so much.
Dr. Aletha
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Divestco Announces Closing of Sales Solicitation Process
Calgary, Alberta--(Newsfile Corp. - May 1, 2019) - Divestco Inc. (TSXV: DVT.H) ("Divestco" or the "Company") is pleased to announce that, in connection with its creditor protection proceedings under the Companies' Creditors Arrangement Act (the "CCAA") and previously announced sales solicitation process (the "SSP") that commenced marketing on April 1, 2019 and officially closed effective as of 12:00 p.m. MDT today, 2179602 Alberta Ltd. (the "Proposed Purchaser") has emerged as the "Successful Bidder".
On March 4, 2019, Divestco announced that it had obtained creditor protection under the CCAA pursuant to an initial order granted by the Court of Queen's Bench Alberta (the "Court"). On March 19, 2019, the Company announced it had entered into a definitive asset purchase and sale agreement with the Proposed Purchaser to sell all or substantially all of Divestco's assets to the Proposed Purchaser (the "Acquisition Agreement") for an estimated purchase price of approximately $15.2 million. At the time, the Proposed Purchaser was considered the "stalking horse" bidder and the transaction contemplated by the Acquisition Agreement the "stalking horse" bid (the "Bid").
On March 26, 2019, Divestco obtained a further Court order approving the SSP, and this process was conducted within the CCAA proceedings by Grant Thornton Corporate Finance Inc., the Company's financial advisor, under the supervision of Grant Thornton Inc., the Court-appointed CCAA monitor (the "Monitor"). The Proposed Purchaser was the only party that submitted a bid pursuant to the SSP. Divestco now intends to appear before the Court on May 14, 2019 to seek an order approving the Bid.
Further details of the Company's SSP and the asset purchase and sale agreement between 2179602 Alberta Ltd. and Divestco is available under the Company's profile on the System for Electronic Document Analysis and Retrieval (www.sedar.ca) and is also available, along with additional information respecting the CCAA proceedings, on the Monitor's website (www.granthornton.ca/Divestco). Readers are urged to consult the full text of all of the documents available on SEDAR and the Monitor's website for further, more detailed, information. Readers are cautioned that there is no guarantee whatsoever that the CCAA proceedings, the agreement with 2179602 Alberta Ltd. or any other form of transaction or restructuring will resolve Divestco's financial issues or result in the realization by Divestco or Divestco's stakeholders of any particular value.
About the Company
Divestco is an exploration services company that provides a comprehensive and integrated portfolio of data, software, and services to the oil and gas industry. Through continued commitment to align and bundle products and services to generate value for customers, Divestco is creating an unparalleled set of integrated solutions and unique benefits for the marketplace. Divestco's breadth of data, software and services offers customers the ability to access and analyze the information required to make business decisions and to optimize their success in the upstream oil and gas industry. Divestco is headquartered in Calgary and trades on the NEX under the symbol "DVT.H". Additional information on Divestco is available on its website at www.divestco.com and on SEDAR at www.sedar.com.
For more information please contact:
Divestco Inc. (www.divestco.com)
Mr. Stephen Popadynetz
CEO and President
Tel 587-952-8152
Mr. Steve Sinclair-Smith
Chief Operating Officer
Tel 587-952-8184
Neither the TSX Venture Exchange, the NEX nor the Regulation Services Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this news release.
Forward Looking Information
This news release contains certain information that constitutes forward-looking information under applicable securities legislation. All information other than statements of historical fact is forward-looking information. In some cases, forward-looking information can be identified by terminology such as "will", "expect", "plan", "intend", "should", "plan", "estimate", "potential", "continue", or the negative of these terms or other comparable terminology. The forward-looking information included in this news release includes, without limitation, information concerning the Bid and the terms, timing and process associated therewith.
The forward-looking information included in this news release is based on the Court orders received by Divestco to date, current expectations, estimates, projections and assumptions, which the Company believes are reasonable but which may prove to be incorrect and therefore such forward-looking information should not be unduly relied upon. The forward-looking information provided by Divestco in this news release is based on a number of assumptions regarding, among other things that: the Bid will receive approval by the Court; the CCAA proceedings will unfold in a manner compliant with applicable law and materially consistent with precedent transactions and previous third party CCAA proceedings; all parties involved in Divestco's CCAA process and the Bid will undertake all of their current duties in a diligent manner consistent with past practice and applicable industry and professional standards; the facts and assumptions upon which the Company determined the values set forth in the Acquisition Agreement will prove correct in all material respects going forward; the actions and potential claims of other Divestco stakeholders will be resolved in a manner consistent with Divestco's current obligations; the Company will maintain its operations in a manner consistent with its expectations; and the Company will continue through its CCAA proceedings in a manner consistent with its current expectations.
The forward-looking information contained herein also involves a significant number of known and unknown risks, uncertainties which may cause actual results or performance to be materially different from any future results or performance expressed or implied herein. Along with the general risks faced by Divestco including issues relating to the ongoing industry and political climate in Alberta, these risks, uncertainties and other factors relating to the Company include, but are not limited to: the inherent authority and discretion of the Court may result in unforeseen changes outside of Divestco's control to the CCAA proceedings, the Acquisition Agreement (and transactions contemplated thereby); the claims of third parties and other Divestco stakeholders may impact the CCAA proceedings, the Acquisition Agreement (and transactions contemplated thereby) or otherwise in a manner not currently contemplated or controllable by Divestco; the decisions and oversight ability and authority of the Monitor and GTCFI may impact the CCAA proceedings and related transactions (including the Bid) in a manner not currently anticipated by Divestco; the level of indebtedness of the Company, the implementation and impact of obtaining any reorganization or restructuring of the assets and changes business and financial affairs of the Company have the ability to impact the CCAA proceedings and related transactions (including the Bid); the CCAA proceedings and related transactions (including the Bid) require a certain degree of diversion of management time and attention which may impact other projects or operations of Divestco; future actions and co-operation of the creditors of the Company will impact any outcome of the CCAA proceedings and related transactions (including the Bid); the Company's ability to generate sufficient cash-flow from operations or to obtain adequate financing on an ongoing basis to fund capital expenditures and working capital needs and to meet the Company's ongoing obligations during the CCAA process and thereafter may be compromised by a number of industry and market risks and factors outside of Divestco's control; the ability of the Company to maintain relationships with suppliers, customers, employees, shareholders and other third parties may be compromised in light of the Company's current liquidity situation and the CCAA proceedings. Additional risks and uncertainties affecting the Company and its business and affairs are described in further detail in the Company's ongoing continuous disclosure documents, including its Annual and Interim Reports, as filed under the Company's profile on the System for Electronic Document Analysis and Retrieval.
Any forward looking information included in this news release is expressly qualified in its entirety by this cautionary statement. Any forward looking information included herein is made as of the date of this news release and the Company assumes no obligation to update or revise any forward looking information to reflect new events or circumstances, except as required by law.
To view the source version of this press release, please visit https://www.newsfilecorp.com/release/44464


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Towns and Communities
Five Skilled Gentlemen understands that each town and community has its own set of needs and requirements. We work closely with all of our clients, through each of the four stages of development, to insure that all of these needs are met and satisfied. From developing printed material and bulk mailings to online advertising and e-commerce, our staff is skilled and pleasant to work with.
Typically, web development is broken down into four stages. Each stage is vital to the success of the project.
We will help you gather and organize the information that is most important to your readers and residents. We will help find and organize photographs, business listings, and other city information. We will help you gather information from schools, the DPW, the Chamber of Commerce, the Police Department, local theatres, churches and synagogues, and other organizations in town that will provide content for the site.
We will work closely with you to design an attractive site that shows off your town. We typically go through three to five rounds of design before we find a look and feel that meets the needs of your community.
During the development stage of the project our designers pass the work over to the programmers and content developers. The site is coded and content is added based on our work in the research stage. Forms are created, e-mail is set up, and a working prototype is put online in a testing area to insure quality as we continue with the project. The site is developed and tested with user feedback, and all of the final elements are added.
Five Skilled Gentlemen will help you organize a system of information flow to insure that all aspects of the site are kept up to date. We will build a content management system that allows someone with basic secretarial skills to update parts of the site. We will also continue to work with you over the years adding pages, updating information, and evaluating the success of your web site.
In order for a town site to be successful it must meet two important goals.
One: The site must provide citizens with up-to-date information about the community they live in. This information must be easy to access, accurate, and well organized. The information must be current so that citizens return to the site on a regular basis. Some of the current information that should be on the site includes local news, weather, stock prices, movie listings etc.


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Since my pregnancy hunger can strike literally at any moment, and it doesn't take much for me to get hangry I usually keep a couple of my favorite snacks in my purse. I moved from a spacious diaper bag to a purse recently, even though I'm going to have to switch back, I pick snacks that all 3 of us like to eat. We have the craziest schedule sometimes & I hate getting fast food because the grease totally makes me sluggish which is the opposite of what I need right now. Keeping snacks stashed is the best way I've found to avoid having to stop for a burger. I've learned that the quickest way to calm Mila down is a snack, because of course she's my daughter haha! So here are a few of my go-to snacks to stash in my purse. This post is brought to you by StarKist and The Motherhood. All opinions are my own.
1. Starkist Chicken Creations™
StarKist has seriously always been in my pantry with their amazon Tuna & Salmon Creations®, and I'm so excited that they created the Chicken Creations™! The Chicken Creations™ come in 4 amazing flavors BOLD Buffalo Style, Zesty Lemon Pepper, Ginger Soy and my absolute favortie Chicken Salad. The premium, white meat Chicken is sourced from American Farms, raised cage free and hormone free. They're available in single serve, no drain pouches – just tear, eat and go!™ Which is why they are perfect to keep in your purse to enjoy literally anywhere! The StarKist® Chicken Creations™ Chicken Salad is a classic flavor mixed with modern convenience. With only 70 calories & 9g of protien per pouch it makes it easy to get an all-American favorite wherever you go!
Follow @StarKistCharlie on Instagram and Twitter and like StarKist on Facebook. You can also visit http://starkist.com/ for more information.
2. Fruit Snacks
Come on moms who do we really buy fruit snacks for, the kids or us? I admit that every time I give Mila a fruit snack I always grab one for myself! They're so yummy and literally the best alternative to candy.
3. Crackers
When I was in the beggining stages of pregnancy crackers were the only thing I could keep down and since then they've become a constant in my purse, plus they are great with the StarKist Chicken Creations™!
4. Mandarin Oranges
I keep these in a zip lock bag so that way when I peel them I can stash the peel in there. If I get too hot and don't have water handy I usually sit down and eat one of these!
5. Trail Mix
You can never go wrong with a good trail mix! I love ones with dried tropical fruit and almonds. Nuts provide so much energy which I love because I'm doing my best to stay away from caffeine!
What are your favorite snacks to keep in your bag?


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As a student at Hughes Hall you are allocated a college tutor, who is concerned with your welfare and progress throughout your course.
Two of the tutors, Dr Othman Cole and Dr Corinne Roughley, are Harassment Support Tutors and have expertise in providing guidance in cases of harassment or sexual misconduct. Any student can contact Dr Cole or Dr Roughley if they have been affected by any form of harassment or sexual misconduct – their contact details are in the table below. See also, the policies page for more information about policies and procedure in this area.
Your tutor may want to see you at regular intervals, but all students may contact their tutor as needed. You may consult your tutor over any matter concerning your studies, or in any personal, disciplinary or financial matter on which you need advice or help. Tutors are experienced academics dedicated to student interests who help you to navigate through the regulations and pressures of university life. You are likely to ask your tutor for references and letters of support during and indeed after, your time in Cambridge, since they take a particular interest in your personal and scholarly development and future.
Your tutors can act as intermediary for you in relation to the college or the university: e.g. regarding certification of residence, examination arrangements, and matters concerning good conduct (discipline) for which the college is held answerable by the university. Your tutor's approval is required for various applications, e.g. Travel and Conference Grants, Changing Subject, Student Support Grants and many other student loans, grants and scholarships. Your tutor will also note your financial standing with college, and may remind you to settle your bills with college if needed.
There is information below about contacting your tutor.
You should email your tutor if you want to see them. Even if you have already made a verbal arrangement, email to confirm it. Please only phone your tutor about genuinely urgent matters, unless they have told you otherwise.
If you are unable to keep the appointment, email to inform them as soon as possible. If you don't remember your tutor's name, email the Tutorial Office to ask.
In Full Term many tutors work elsewhere but arrange to be in Hughes Hall at certain times of the week and prefer to see you then if possible. In vacation tutors are less available, so you may have to wait to see them for non-urgent matters.
Tutors will normally see students in the the Margaret Wileman Building, either in the Tutors' Room on the first floor, or in the Tutors' Office on the ground floor (beside the Tutorial Office and opposite the Senior Tutor's office).
Students who have experienced harassment or sexual assault may wish to contact one of the two tutors with particular responsibilities for these areas: Dr Ajith Parlikad and Dr Corinne Roughley.
The Tutorial Office can be contacted on 01223 3 34893 and firstname.lastname@example.com
|Dr Othman Cole
Harassment Support Tutor
|Email for appointment
|Dr Francesca Crawley
|Email for appointment
|Dr Martin Hadley-Brown
|Thursdays 7-9pm
Or, email for appointment
|Prof Arthur Hibble
|Email for appointment
|Prof Bill Irish
|Fridays 3-5pm
Or, email for an appointment
|Dr Philip Johnston
|Email for appointment
Senior Tutor's office, MWB ground floor
|Amy Klohr
|Mondays 4-6pm
Tutors' Office, MWB ground floor
|Dr Jean Lambert
|Tuesdays 3-5pm & Fridays 1.30-2.30pm
|Dr Alastair Lockhart
|Email for appointment
Deputy Senior Tutors' office, MWB ground floor
|Dr Elizabeth Moore
|Email for appointment
|Mrs Alison Nicholson
|Tuesdays & Wednesdays 4-6pm
|Dr Ajith Parlikad
|Email for appointment
|Dr Corinne Roughley
Harassment Support Tutor
|Email for appointment
Deputy Senior Tutors' office, MWB ground floor
|Dr Carole Sargent
|Email for appointment
Deputy Senior Tutors' office, MWB ground floor
|Annemarie Young
|Email for appointment
Calling a phone on the University network from another phone on the University network, you can dial the last five digits and the call will not be charged. Numbers marked * are outside the University network and should be dialled in full.


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Employer Profile
Franklin First Financial
Melville, NY USA
Franklin First Financial, Ltd. is a premier national mortgage banker with over 20 years of lending success. We are licensed nationwide and currently hold offices in New York, New Jersey, Chicago, and Florida.
The following jobs are available:
No jobs found for this employer.


text:
Cat's 3 Cats
A Journey of Me, My 3 Cats and The Things We Deal With
Inflammatory Bowel Disease In Cats
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Hearing to expel minor students or to examine confidential medical records
- • exceptions to public meetings law
Notwithstanding ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) governing public meetings:
(1) Any hearing held by a district school board or its hearings officer on any of the following matters shall be conducted in executive session of the board or privately by the hearings officer unless the student or the student's parent or guardian requests a public hearing:
(a) Expulsion of a minor student from a public elementary or secondary school.
(b) Matters pertaining to or examination of the confidential medical records of a student, including that student's educational program.
(2) If an executive session is held by a district school board or a private hearing is held by its hearings officer under this section, the following shall not be made public:
(a) The name of the minor student.
(b) The issue, including a student's confidential medical records and that student's educational program.
(c) The discussion.
(d) The school board member's vote on the issue.
(3) The school board members may vote in an executive session conducted pursuant to this section. [1975 c.276 §1; 1987 c.841 §1]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information


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Case Law
Halsey v Milton Keynes General NHS Trust [2004] EWCA (Civ) 576
In the case of Halsey v Milton Keynes General NHS Trust [2004] EWCA (Civ) 576, the Court of Appeal decided that to oblige parties to refer their dispute to mediation would be unacceptable, obstruct their right of access to court and would be a violation of Article 6 of the Human Rights Convention, more recently there have been calls to review this.
For example, in the case of Bradley v Heslin [2014] EWHC 3267 (Ch) the judge suggested a form of wording for directions in boundary disputes and rights of way disputes, which would make it compulsory to attempt mediation in such cases. The judge said: "The Court cannot oblige truly unwilling parties to submit their disputes to mediation: but I do not see why directing the parties to take (over a short defined period) all reasonable steps to resolve the dispute by mediation before preparing for a trial should be regarded as an unacceptable obstruction on the right of access to justice".
PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 (23 October 2013)
The Court of Appeal confirmed that since Halsey v Milton Keynes General NHS Trust [2004] 1WLR 3002 , an unreasonable refusal to engage in ADR is unreasonable conduct in response to which the court can order costs penalties. In deciding whether a refusal to engage in ADR is indeed unreasonable, the court refers to the non-exclusive guidelines that it has laid down and that have, 'stood the test of time, and the crucible of application in subsequent reported cases'. It was however a feature of the two cases reviewed in Halsey that, 'the refusing party had communicated its refusal to the inviting party, with succinct reasons for doing so.'
In this case, Mr Jonathan Seitler QC made the argument that, 'silence in response to an invitation to participate in ADR was itself unreasonable regardless whether it amounted to a refusal, or whether there were reasonable grounds to refuse.' In support of this novel argument, Mr Seitler relied on the contents and, 'general thrust,' of the ADR Handbook.
In confirming this argument, the Judge states at paragraph 34,
"In my judgment, the time has now come for this court firmly to endorse the advice given in Chapter 11.56 of the ADR Handbook, that silence in the face of an invitation to participate in ADR is, as a general rule, of itself unreasonable, regardless whether an outright refusal, or a refusal to engage in the type of ADR requested, or to do so at the time requested, might have been justified by the identification of reasonable grounds."
The court therefore confirmed that failure to reply to an invitation to mediate will, as a general rule, be unreasonable and carry a costs penalty from the time the invitation was made.
A useful insight into the current thinking of the judiciary vis-à-vis the ADR Handbook can be found at the end of this judgment at paragraph 56:
"Finally, as is recognised by the weight placed on the judge's decision in the passage in the ADR Handbook to which I have referred, this case sends out an important message to civil litigants, requiring them to engage with a serious invitation to participate in ADR, even if they have reasons which might justify a refusal, or the undertaking of some other form of ADR, or ADR at some other time in the litigation. To allow the present appeal would, as it seems to me, blunt that message. The court's task in encouraging the more proportionate conduct of civil litigation is so important in current economic circumstances that it is appropriate to emphasise that message by a sanction which, even if a little more vigorous than I would have preferred, nonetheless operates pour encourager les autres."
Barden v Commodities Research Unit & Ors [2013] EWHC 1633 (Ch) (18 June 2013)
The case involved an application by the claimant, Mr Barden that the Defendants pay a sum of £673,177.16 in alleged outstanding balance payable pursuant to a settlement agreement which was drawn up in the early hours following a mediation.
At paragraph 3, Vos J outlines, "The crucial clause 3 of the SA ("clause 3″) was headed "PAYMENT OF AGREED SUM" and provided that "[t]he CRU Parties shall by 4pm on 1 November 2012 pay £1,350,000 (the Settlement Sum) by telegraphic transfer into the Cheyney Goulding LLP client account at HSBC Bank…"
Mr Barden alleged that the Defendants were obliged to pay the full £1.35 million sum to him, and a further similar sum by way of PAYE income tax to HMRC. The Defendants counter argued that they were entitled and obliged to pay only a net sum to Mr Barden, having deducted PAYE income tax.
Rejecting Mr Barden's claim, Vos J stated at paragraph 65:
"I have reached the clear conclusion that the SA is to be construed as meaning that the payment of £1.35 million due to Mr Barden should be paid net of any PAYE due to HMRC thereon. If I were wrong about that, I would have ordered common mistake rectification of clause 3 as set out in paragraph 62 above."
H v W [2013] EWHC 4105 (Fam) (20 December 2013)
This is a Family case in which the relevant passage regarding mediation can be found at paragraph 9:
"The mediation did not take place as agreement could not be reached as to the identity of an appropriate mediator and W accordingly made an application for a legal costs order. On 30 October 2013 Mostyn J refused her application, saying in his ruling that the W had been unreasonable in her approach to the mediation; first in her insistence on using a top-drawer and top-price mediator and secondly that her insistence on attendance of legal representatives at mediation was neither necessary nor reasonable; in my experience this would be unusual and arguably unhelpful. Mostyn J pointed out that there was still time for mediation to take place. Unfortunately it has not done so and out of this modest matrimonial pot H's costs of the appeal are £22,320 and W's £25,372."
Northrop Grumman Mission Systems Europe Limited v BAE Systems Ltd (2014)
The Judge found that "where a party to a dispute, which there are reasonable prospects of successfully resolving by mediation, rejects mediation on grounds which are not strong enough to justify not mediating, then that conduct will generally be unreasonable."
This was a matter where BAE had reasonably considered that it had a strong case, and where a party faced an unfounded claim and wished to contest it rather than buy it off – the Court was to be slow to characterise that as unreasonable conduct. A watertight case could be sufficient justification for refusal. Mediation could have a positive effect, even if the claim had no merit.
The mediator could bring a new independent perspective to the case. Nonetheless, BAE's refusal to mediate was unreasonable.
Each time the Claimant offered mediation, the Defendant had asked for costs information which could not be provided. The judge found that a mediation would have cut through the positions taken by the parties and would have cost £40,000, not delayed the litigation and the cost was not disproportionately high. It was likely that there would have been a mediated settlement and there were reasonable prospects of success, so it was unreasonable to reject it.
PGF II SA v OMFS Company Limited.
In Avonwick Holdings Ltd v Webinvest Ltd the Chancery Division considered the use of 'without prejudice' as a topper for letters and emails. The case concerned draft heads of terms over the restructuring of the defendant's obligations under a loan agreement after Webinvest had defaulted on a debt due.
Avonwick's solicitor started marking correspondence between the parties (and the draft heads of terms) as 'Without Prejudice & Subject to Contract' and all parties followed suit in further communications. The parties were later unable to reach an agreement to restructure the heads of terms and Webinvest wanted to restrain Avonwick from submitting a wind-up petition against it. The Court was asked to consider whether the correspondence between the parties should be admissible as evidence at trial or whether it was protected by the 'without prejudice' rule as marked.
The 'without prejudice' rule is used to exclude evidence of communications where parties genuinely seek to settle a dispute. It is intended to allow parties to communicate openly, without fear of prejudice in court if negotiations fail and encourage settlement outside of litigation. The general rule is that both parties must agree for a 'without prejudice' document to be put before the court.
There are three limbs for the 'without prejudice' rule to apply there must be:
1.An existing dispute of some sort, but need not yet be litigious;
2.A genuine effort to settle the dispute; and
3.Substance over form: just because the document is marked without prejudice it does not mean the rule applies.
In Avonwick, it was ruled the term 'without prejudice' was used incorrectly because at the point of communications there was no dispute between the parties. The judge said the negotiations between the parties concerned how and when an admitted liability should be repaid and this was different from seeking to settle a disputed liability.
It was also confirmed that communications cannot benefit from 'without prejudice' privilege in retrospect when a dispute is later raised – the dispute has to be in existence at the time the 'without prejudice' rule is intended to apply.
The judge considered that Avonwick's solicitor had made a mistake in marking the communications as 'without prejudice' and held that the communications between the parties were not subject to the protection of the 'without prejudice' rule and were therefore admissible at the forthcoming trial.
Give careful consideration to marking documents 'without prejudice' as it will not be a comprehensive means of protection. It will ultimately be the court who considers what is actually happening in the matter and it may ignore the without prejudice label. Be prepared to be called upon by the court to explain your reasoning for marking correspondence as 'without prejudice'.
An unreasonable refusal to mediate will be punished by a costs sanction. This was re-affirmed by the Court of Appeal last year in the case of PGF II SA v OMFS Company Limited . The High Court has recently awarded indemnity costs against a defendant that persistently refused to mediate.
In Garritt-Critchley v Andrew Ronnan and Solarpower PV Ltd the claimant made offers to mediate from the very start of the get go in the letter of claim. It repeated the offer a number of times right up to trial. The defendant refused the offer for various reasons such as:
it was not the right stage;
the costs were disproportionate;
the parties didn't like each other; and
the parties were too far apart.
The court acknowledged the burden was on the claimant to show the refusal was unreasonable and examined the reasons put forward by the defendant and the other reasons listed in the well known case of Halsey v Milton Keynes NHS Trust . The court dismissed the reasons one by one. For anybody who routinely relies upon a "Halsey" reason to avoid mediation the case is a must read along with the PGF decision as both cases knock down the arguments put forward in support of justifying those reasons.
The defendants also sought comfort from the PGF case on the basis that they did not ignore the offers to mediate. Whilst the court accepted the defendant engaged in discussions about ADR as they are required to do the outcome of that engagement was an unreasonable refusal to mediate.
Compliance with the CPR
Compliance with the CPR rules is going to be strictly enforced, and those who fail to comply will be punished. So says the Court of Appeal in the infamous "Plebgate" case of Andrew Mitchell v News Group Newspapers Limited. The case was a defamation claim regarding the Sun's publication of allegations about Mr Mitchell's behaviour when leaving Downing Street on his bicycle on 19 September 2012. Mr Mitchell's lawyers were late filing a costs budget at Court. The Court applied the draconian penalty prescribed in the rules, namely that Mr Mitchell would not be entitled to recover his solicitors' costs, even if he won the case. Mr Mitchell appealed and the Court of Appeal took the opportunity to warn that non-compliance will not be tolerated. In refusing the appeal the Court reiterated that:
The new more robust approach that we have outlined above will mean that from now on relief from sanctions should be granted more sparingly than previously. There will be some lawyers who have conducted litigation in the belief that what Sir Rupert Jackson described as "the culture of delay and non-compliance" will continue despite the introduction of the Jackson reforms. But the Implementation Lectures given well before 1 April 2013 were widely publicised. No lawyer should have been in any doubt as to what was coming. We accept that changes in litigation culture will not occur overnight. But we believe that the wide publicity that is likely to be given to this judgment should ensure that the necessary changes will take place before long.
Compliance with the rules is now of "paramount importance" and the Court sees costs management and budgeting as being at the heart of the reforms. The Court had little sympathy for busy lawyers who miss deadlines, or for Mr Mitchell potentially having to continue with his claim as a self-represented litigant because his lawyers will not get paid.
The Court stated that as a result of its decision legal representatives will become more efficient and will routinely comply with rules, practice directions and orders. From a risk management and professional indemnity perspective, the decision has enormous ramifications. Lawyers are having to alter their approach to become pseudo accountants and project managers.
The great poet Seamus Heaney was exasperated by the culture of silence in the face of interminable conflict and this prompted him to write his famous ironic poem "whatever you say, say nothing." The Court of Appeal has made it clear that silence is unacceptable in a post-Jackson world, in the recent case of PGF II SA v OMFS CO 1 Ltd (2013). Here, the Court of Appeal revisited the test in Halsey v Milton Keynes NHS Trust , which was growing outdated following the Jackson reforms. In Halsey, the Court set out a list of factors for the Court to take into account, when considering whether a refusal to mediate is unreasonable, including:
1.nature of the dispute;
2.merits of the case;
3.extent to which other settlement methods had been attempted;
4.whether the costs of ADR would be disproportionately high;
5.would any delay in setting up and attending ADR have been prejudicial;
6.whether ADR had a reasonable prospect of success.
I have long advocated a change to the Halsey fact


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"Archer Vice: The Rules of Extraction" S5E8 Recap
Archer asks Cyril and Ray how much longer they're going to be mad at him and they say it will be for the rest of their lives, which won't be long since they'll be dead soon. They think they're headed to the prison but then the guard tells them that they won't be going there - they'll be killing them instead. The driver swerves to avoid hitting a cow in the road and the car ends up flipping over repeatedly downhill. When it finally lands in the jungle, a tree also falls on top of it. Ray gets to the keys and begins unlocking them.
Mallory wants Lana to find Archer but she's content to wait for him to call in. Mallory gets emotional over everything in her life falling apart. Lana begins to believe the sincerity of Mallory's emotional distress. Pam just wants more cocaine and Chirlene is a hot mess like always.
Archer wants to leave a yet-again paralysed Ray and the guards behind and Cyril tries to hold him at gun point but surrenders it after Archer and Ray laugh at him. They build a raft and begin heading down the river with everyone on it. Archer is cranky because he's afraid of crocodiles. They talk through the fact that if they encounter any un-contacted Native Indians, they should not try to barter with their M-16. They're frightened when they see a crocodile attack a hat that Ray made and threw into the river. More crocodiles attack the raft and tear apart the guards. Archer tosses a can of gasoline towards the end and shoots it, intending to explode them but it merely begins leaking and the crocodiles get back in the water.
Lana proposes that they do something nice for Mallory since she's going through a hard time right now. Chirlene doesn't understand what Lana is saying and Pam says it's a good idea since it reminded her of her father repeatedly crying. Pam says she is always cheered up by cock and Lana says that it could work. She sets up a spa day for Mallory and when they enter a room, Pam and Chirlene are in costume and prepared to give her a massage. Both they and the men on the raft begin to realise that they don't know who in the group bought the cocaine.
Back on the raft, Ray lights a cigarette and when he tosses his match, half the raft catches on fire. Archer refuses to do anything until Ray apologises, after which he pours gasoline on all of them to repel the crocodiles. They swim to the shore, though Ray is simply carried on the shoulders of Archer. After reaching shore, Archer insists on holding the gun and he also puts Ray back on his shoulders. Talk about an over-achiever.
The womyn tuck Mallory into bed and they being to realise that the men are probably not okay.
In the jungle, Ray says that he resents the fact that Archer assumes that everything's going to be okay and that things will work out. Archer says that they normally do and it's then that they stumble across a plane being loaded with cocaine by some narcos. Archer sneaks up on a guard and has Ray take the man's gun. They threaten to shoot him when they get near the other men but they simply shoot their team member dead. When he drops, we see that Archer now has the stick he had been telling Cyril to use. Cyril opens fire on the men and Archer ends up with a cheek injury. They chain up the other men and learn that the first casualty was the pilot. This is bad since Ray is the only one who knows how to fly and he's paralysed. Archer asks Ray how long it will teach him to fly a plane and Ray retaliates by asking how long it will take him to admit that he dicks around whenever they're in danger just to screw with everybody because of his utter lack of contempt for his own mortality." Archer says, "Well yeah, duh." Ray says that that was all he wanted and then reveals that he is not actually paralysed and jumps off Archer's shoulders. Cyril is furious about the deception but Archer finds it hilarious. As the plane is flying, Cyril panics that they won't be able to land anywhere with all the cocaine on board and Ray says that they will worry about that when they have to, echoing the sentiment Archer had stated earlier.
Archer Vice airs on Mondays on FX at 10PM.


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Archdeacon Juan Sandoval is designing a series of sessions that will be held at the Center for Racial Healing beginning in mid-September. These sessions will coincide with Hispanic Heritage Month to provide a deeper understanding of the issues facing our sisters and brothers who are living among us as refugees, undocumented persons and citizens who are suspect simple because their skin is brown. The Center will be inviting twelve designated parishes at a time to send a representative to these sessions over the next three months. The intention is that those who attend will return to their parishes to share what they have learned and take leadership in helping to mobilize their parishes for action around the issues in the ways that suit their particular resource base. There are many ways to respond to this crisis that is happening on our watch and all of us have to wake up, stay awake and remain totally committed to doing whatever we can to interrupt the negative energy that has been unleashed toward our Latina/o sisters and brothers.
The Center for Racial Healing is a collaborative ministry between the Episcopal Diocese of Atlanta and The Episcopal Church.


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So: this is the £12,000 fragrance that The Scent Critic has been hinting at. What you're looking at pictured here, however, is actually a big bee and a tiny bottle (no more than two inches high) – because even The Scent Critic's persuasive powers couldn't get Guerlain to part with one of the exclusive Baccarat flacons containing L'Abeille, their most expensive fragrance incarnation in history.
However, The Scent Critic will be ekeing out her teensy trial size for as long as possible, because this splendid fragrance is – appropriately enough, for a scent created around honey – just utterly scrumptious. It's got all the usual Guerlain trademarks: rich, intense, armfuls of flowers, excellent staying-power and an impressive sillage. It is also like the overture to spring: airy, almost breezy at first, with a hint of mown grass: that joyful head-rush when you first get the Flymo out of the shed. Very appropriate for this moment, when glimpses of blue sky are more frequently, the birds are waking up earlier, and you can almost see the narcissi growing.
While it may start airily, however, after just a few minutes L'Abeille de Guerlain magically becomes as sophisicated as a black tie gala at L'Opéra. As a couture show (front row, next to Anna Wintour). As an opulent Louix XIV gilded overmantel, groaning with engraved invitations.
And yet, and yet, what sets this deliciously apart is that throughout, there remains something totally fete champêtre about L'Abeille: it's also summer sunshine, champagne picnics laid out on rugs in a meadow – yes, to a humming soundtrack of bees who are lazily feasting on wildflower pollen, getting drunk on nectar. L'Abeille truly is liberally drizzled throughout with honeyed warmth and sweetness: a true honey scent, not waxy – just like opening a jar of acacia honey, and breathing in.
There is jasmine. And mimosa, that carefree South of France note. Lilac, with its powderiness, and a whisper of iris. And lots of neroli, the fragrance ingredient du jour, which is somehow the 'greenest' of all the white flowers, in The Scent Critic's opinion. A squeeze of juicy peach, too – not the so-last-season cliché we've seen so much of lately, but with the delicate touch you can enjoy in its Guerlain stablemate Mitsouko, along with vanilla (ditto). This isn't a negative, but there's a soapiness, too – like the most expensive, luxurious bar of soap you've ever been given, which you're keeping for 'best' among your Sabbia Rosa silk lingerie. (Though not in the least derivative, I'm also reminded, oh-so-slightly, of Hermès's 24 Faubourg, which is as sophisticated and refined as a scent gets, frankly.) Base notes? I'm not really getting them. Just honey. Enduring, heavenly honey. And more honey… Though unlike honey itself, it is never sickly.
L'Abeille de Guerlain is yet another Guerlain creation by Thierry Wasser (I worship that man more with every new fragrance that emerges from his imagination), and it is as perfectly balanced as a tightroper. (You know: the one who strung his line between the Twin Towers.) It's dazzling, and divine, and – well, flawless.
What makes this limited edition so very special isn't just the scent: it's the bottle (see below for Guerlain's official photo). Just 46 numbered bottles have been produced worldwide, each crafted from Baccarat crystal-winged, diamond-faceted bottle which cradles the amber liquid in its 'bee' body. (In the UK, Harrods has the exclusive.) It's a nod, of course, to the bee's role in Guerlain's heritage: the Napoleonic symbol which has been used to decorate bottles since the emperor proclaimed the fragrance house official perfumer to the Imperial court. Gold bees decorate the fabulous bottles that can be refilled from the 'Imperial Fountain' at La Maison Guerlain, on the Champs-Elysée. And bees have been enlisted, too, for Guerlain's most recent skincare launches – also (slightly confusingly) called 'Abeille Royale', which features royal jelly.
The sheikh's wives and princesses who get their hands on this very precious £12,000 bee are privileged indeed: it really is the bee's knees. Personally, I may weep a little when I reach the last drop on my Borrower-sized bottle, and that is no exaggeration. (With such a tiny spray, I have my hankie at the ready: it ain't going to take long.)
Because L'Abeille is nectar of the gods – or rather, of the goddesses – indeed.
PS At time of writing, The Scent Critic is slightly perturbed to see that a honey ad is appearing on this blog. Entirely coincidental. Or maybe just eerie.