According to three invoices dated 7, 13 and 21 September 2001, representing a total sum of EUR 67,137.86, [Seller], a Spanish company, had sold 2,568 pairs of shoes to [Buyer] of France, which failed to pay.
On 15 May 2003, [Seller] sued [Buyer] for the payment. [Buyer] refused to pay stating that the goods were non-conforming, "the leather was completely defective" and "60% of the shoes" were "non-merchantable".
In its judgment of 7 January 2003, the Commercial Court of Aix-en-Provence had ordered [Buyer] to pay [Seller] the sum of EUR 26,977.94 representing "the goods actually delivered and sold by [Buyer], with interest at the statutory rate applicable on 15 May 2002, as well as EUR 1,000 pursuant to Art. 700 of the New Code of Civil Procedure.
[Seller] appealed against this decision on 10 February 2003.
- [Buyer] sold some of the shoes without having paid for them.
- Order [Buyer] to pay the sum of EUR 67,137.86 with interest at the statutory rate applicable on the date of filing the lawsuit, as well as EUR 5,000 pursuant to Art. 700 of the New Code of Civil Procedure.
- [Seller] must take back the non-conforming goods at its own expense.
The final judgment was handed down on 26 April 2005.
The form of the appeal is appropriate and filing of the appeal was timely, therefore, it is accepted by the Court.
As the case involves an international sale of goods between parties having their places of business in Spain and in France, the contract is governed by the Vienna Convention of 11 April 1980. Under Art. 38(1), the buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances; and under Art. 39(1), the buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.
As the goods were delivered late September / early October 2001, and because [Buyer] claims to have immediately discovered that the "leather" was "completely defective" with the result that "60% of the shoes were non-merchantable" (cf. pleadings at the first instance and witness statement by Mr. T.), [Buyer] has nevertheless started to sell the goods. Therefore, [Buyer] lost the right to rely on lack of conformity, which it failed to prove, failed to mention it in its letter of 17 December 2001, and which is not raised as an argument before this Court any longer.
As the customers started to complain on 24 October 2001 that the heels of the shoes fell apart, [Buyer] requested an "extraordinary discount" from the invoices on 12 December 2001, and on 17 December 2001, a month and a half later, complained about late delivery of the goods that were "partly defective (heel, footwear etc.)." There again, [Buyer] lost its right to rely on lack of conformity, which Mr. T. did not mention in his witness statement, and about which [Seller] was informed late.
In addition, when [Buyer] requests rejection of the [Seller]'s claim in its entirety relating to the payment request, [Buyer] fails to state how many pairs of shoes were affected by the lack of conformity and are still in its possession.
[Seller] incurred expenses and it would be unfair to order [Seller] to pay them in full. [Seller] is awarded a sum of EUR 2,000 pursuant to Art. 700 of the New Code of Civil Procedure.
Being the losing party, [Buyer] must bear the costs of the appeal.
- Orders [Buyer] to pay the costs of the procedure, and rules that the costs of appeal can be directly recovered by SCP B.R. in accordance with Art. 699 of the New Code of Civil Procedure.
* All translations should be cross-checked against the original text. For purposes of this translation, Plaintiff-Appellant of Spain is referred to as [Seller] and Defendant-Appellee of France is referred to as [Buyer].


text:
THE town and seaside resort of Hornsea, 20 km. NNE. of Hull, lies between the waters of Hornsea mere and the sea. (fn. 1) The medieval town had some importance as a market centre, partly based on fishing and seaborne trade. The market town stood close by the end of the mere, with the seafaring settlement of Hornsea Beck further east; there were outlying hamlets inland at Northorpe and Southorpe and near the sea to the south at Hornsea Burton. The sites of Hornsea Beck and Hornsea Burton were later eroded by the sea, and the other hamlets were also depopulated. The establishment of a seaside resort began in the early 19th century and was quickened by the opening of a railway line from Hull in 1864, which from the first attracted commuters as well as visitors. In 1873 Hornsea was described as 'the quaintest mixture of a small country town and a callow sea bathing place. The better half of it is ... little more than a marine suburb of Hull'. (fn. 2) Those contrasting elements in its character were never lost.
The main street of the old town, running roughly parallel to the shore of the mere, comprises Westgate, Market Place, and Southgate, the first recorded in 1539 and the last in the 1480s. (fn. 27) Behind the west side of the street lie Back Westgate, Mere Side, and Back Southgate, and several small lanes run from the street to join them, including Chambers Lane, Hillerby Lane, and Mere Walk, formerly Strait Lane. Before the inclosure of the common in 1809, the back lane extended to the Hatfield road. From the opposite side of the main street Eastgate and Newbegin, the latter recorded in the 1480s, (fn. 28) lead towards the sea. The cul-de-sac known as Football Green, on the east side of Southgate, takes its name from ground mentioned in 1539. (fn. 29) Access to the sea shore was formerly provided only by Eastgate and its continuation Sea Road or Sands Lane (later part of Eastgate), which was given a straight new course at inclosure in 1809. Newbegin crossed Sands Lane, and in 1809 a continuation of it northwards was set out as Cliff Lane or Road. (fn. 30) It was not until 1848 that New Road was made from Newbegin to the sea front. (fn. 31) A medieval cross stood in Market Place until the mid 19th century, when it was moved to Southorpe Hill Farm. (fn. 32) In 1898, after eight cottages adjoining the churchyard had been demolished as an improvement to com memorate the Diamond Jubilee, the cross was placed in the churchyard; (fn. 33) it has been restored with a new top. A second medieval cross stands beside Southgate. Since the late 19th century Newbegin has replaced Market Place as the shopping and service centre of the town.
Of the roads leading out of the parish the chief is that which runs westwards beside the mere to Seaton and on towards Beverley; parts of it are carried over the lowest ground by causeways. (fn. 34) Other roads lead northwards to Atwick and Bewholme and southwards to Hatfield and Rolston. Until inclosure in 1809 the Bewholme road left the Atwick road on the edge of the town. (fn. 35) The roads to Atwick and Rolston were later upgraded as parts of the main Holderness coast road, and that to Hatfield, formerly called Lelley Lane, became part of the main road to Hull. From the Rolston road the former Mill Lane (later Burton Lane and Hornsea Burton Road) leads to the sea.
The surviving early houses are of the 17th century and are mostly single-storeyed with attics. (fn. 63) The walls are generally of boulders, with brick used sparingly for offsets, dressings, and tucked gables. (fn. 64) A full upper storey occurs only rarely, (fn. 65) and, as with single-storeyed houses of brick, (fn. 66) may be an indication of a later, that is early 18th-century, date. A feature of the older parts of the town is the use of boulders for garth walls, which often survive although the houses have been rebuilt in the 19th century.
In the earlier 19th century most of the new building in the town took the form of infilling with small houses and cottages in the existing streets. (fn. 67) At the same time several larger houses were built, one or two of them by Hull businessmen as country residences. Ivy Lodge, in Eastgate, was built between 1819 and 1831 by George Green of Hornsea. (fn. 68) Close by in Eastgate, Hornsea House, later called the Hall, was built in 1845–6 by John Wade (d. 1850), a Hull merchant. (fn. 69) The house, now demolished, was designed by Charles Hutchinson of Hull; only its later 19th-century entrance lodges remain. (fn. 70) Another house in Eastgate, formerly known as Holme Lea and the Lair and later as Burnside, was probably built by William Conway of Hornsea c. 1800 and enlarged after 1806 by William Whitehead of Hornsea, who sold it in 1819 to William Gibson (d. 1820), a Hull shipbuilder; it may have been rebuilt by Gibson's son Edward (d. 1859) and refronted later. (fn. 71) In Newbegin three houses were built in 1805 by John Bedell, a Hull customs officer. (fn. 72) One of them was sold in 1815 to John Marshall (d. 1825), a Hull shipowner, who lived there before moving to another Hornsea House, in Southgate, which he built after 1819. (fn. 73) Another of the houses built by Bedell was sold in 1829 to William Bettison, a Hull brewer, who built a folly tower in the garden and kept the house until 1853. (fn. 74) Also in Newbegin a house called Marine Villa was built by Thomas E. Collinson of Hull between 1806 and 1813. It was sold in 1827 to George Goodwin (d. 1850), a Hull merchant. Close by Goodwin built Swiss Terrace (fn. 75) (nos. 90–100 Newbegin) in a Swiss chalet style.
Between 1890 and 1908 most of the new building took place in existing streets. (fn. 111) In the older part of the town it included several terraces of small houses in Mill Lane, Mount Pleasant, and Eastgate View. St. Bede's College, on the Atwick road, was built in 1895 by Henry Elsom. (fn. 112) Near the sea, several new streets were also laid out, like Victoria Avenue, near the Marine Hotel, Carlton and Carrington Avenues and Clifford Street, on the west side of Cliff Road, and Belvedere Park. The more noteworthy new houses include the ornate terraces forming nos. 59–69 Eastgate, nos. 4–14 Esplanade, and nos. 1–8 Victoria Avenue, which were built c. 1900 by T. B. Holmes and G. L. Scott, a Hull builder. (fn. 113) The children's convalescent home in Cliff Road was built in 1908. (fn. 114) Off the Rolston road, a long terrace of small houses was built in Marlborough Avenue, alongside the existing terrace of Brickyard Cottages.
The houses built in the later 19th century show considerable variety of size, style, and materials. They range from small cottages to large villas, stand singly or in pairs, short rows, or long terraces, and are built of pink, red, white, or yellow brick. Many have brick or wood bay windows to one or two floors, and some have attics or a full third floor; several are adorned with towers or pinnacles. A few have stone dressings or are faced with tiles, (fn. 115) and there is much decorative brickwork and woodwork.
Cheap excursions attracted many short-term visitors to Hornsea in the 1920s and 1930s, and after the Second World War day-trippers were the main visitors. For those who stayed longer, caravans gradually replaced lodging houses. Most visitors arrived by road, still predominantly from Yorkshire. A sample survey made in 1960 showed that 80 per cent of visitors were day-trippers, that 50 per cent arrived by car and only 25 per cent by train, and that 40 per cent were from Hull and 40 per cent from the West Riding. (fn. 168) Entertainments provided for visitors included a boating lake, a 'Go-Kart' track, amusement arcades, a roller skating rink, and a small zoo. Car parks were laid out near the sea front, and among the caravan sites north and south of the town was one provided by the urban district council. Work on the sea walls was carried out in the 1950s and 1960s. (fn. 169) It was argued in 1960 that Hornsea did not want day-trippers and that they did not need Hornsea, and commercial exploitation of the sea front aroused opposition among the residential and commuting population of the town. (fn. 170) Commuting continued despite the closure of the railway line to passengers in 1964 and a reduction in bus services: (fn. 171) in 1921 commuters to Hull accounted for 88 per cent of the inhabitants who worked outside the town, in 1951 for 70 per cent, and for 62 per cent in 1981. (fn. 172) The preservation of the character of the town was encouraged by the formation of a civic society in 1966 and the establishment of a conservation area in 1969, which was enlarged in 1976. (fn. 173) The entertainments and facilities provided in 1989 were little changed.
The manor house, with lands that included Hall Garth, was let by the Crown after the dissolution of the abbey. (fn. 210) In 1650 the manor house, called the hall, contained three groundfloor and three first floor-rooms and occupied a 2-a site. (fn. 211) The house was not mentioned again, but the site was included in the grant of 1696 and the sale of 1743. Old inclosure called Hall Garths was exchanged by Charlotte Bethell at inclosure in 1809 with Peter Acklam, and later passed to the Constables of Wassand. (fn. 212) The moat within which the house presumably stood survived in Hall Garth Park in 1989.
In 1663 the largest landowner in Hornsea Burton was Marmaduke Constable, with 103 a. (fn. 238) The Trinity House, Hull, bought land there from Constable in 1674; (fn. 239) in 1843 its estate comprised 86 a. (fn. 240) and a further 35 a. were bought in 1867. (fn. 241) The House sold 25 a. in 1945, 9 a. in 1950, 36 a. in 1951, 8 a. in 1961, and 21 a. in 1988; 22 a. remained in 1990. (fn. 242) Much of the land sold has been used for housing.
The rectory house is said to have been sold by Michael Warton in 1611 to Robert Moore (fn. 254) and by Moore in 1651 to Peter Acklam. (fn. 255) It may have been the house in which Peter Acklam had six hearths in 1672. (fn. 256) When Old Hall, in Market Place, was sold by another Peter Acklam to the Revd. Charles Constable in 1821, it was described as the mansion house of the rectory, and it may have been the successor of the earlier house. The Strickland-Constables retained it until 1930. (fn. 257) Old Hall is a 17th-century H- shaped building of brick with shaped gables. (fn. 258) A west wing was added in the 18th century and bay windows to the front in the 19th.
The open fields of Hornsea Burton were inclosed in or soon after 1663, when the township was surveyed for the purpose. Marmaduke Constable received 103 a. and William Audas 92 a.; there were also four allotments of 40–70 a. and two of 15–20 a. The 8-a. common was left uninclosed; four landowners had equal shares in it and two others were entitled to take their cattle to the watering place there. (fn. 282) The layout of the fields is not known but ridge and furrow survived beside Hornsea Burton Road in 1989.
A small industrial estate was created in Cliff Road in the later 1960s; another, on part of the former railway near the Rolston road, was established in the 1980s, (fn. 346) and two or three small firms were in business on each of them in 1989.
Estreats for Hornsea manor survive for 1609–11, 1613–14, and 1621–3, (fn. 349) and court rolls for 1623–1925. (fn. 350) The jurisdiction comprised view of frankpledge with court baron and customary court. In the late 17th century officers appointed included 2 aletasters, 2 constables, 2 leather searchers, and 2 pinders, one for Hornsea common fields and the other for Southorpe fields; 2 surveyors of highways were chosen in 1688. Two affeerors and 4 bylawmen for Hornsea fields and 2 for Southorpe fields were also appointed in the early 18th century; later in the century there were only 2 bylawmen for each set of fields, and in the 19th century only 2 affeerors, 2 constables, and a pinder were chosen.
Surviving parish records for Hornsea include a rate book of 1804. (fn. 351) In the early 19th century permanent poor relief was given to 20–30 people and occasional relief to as many as 20 more; (fn. 352) the overseers of the poor maintained four parish poorhouses in 1823. (fn. 353) Hornsea joined Skirlaugh poor-law union in 1837. (fn. 354) A vestry or 'town meeting', the minutes of which survive for 1847–95, (fn. 355) met in the vestry or the National school. Churchwardens, overseers, and surveyors were elected, and from 1852 a salaried assistant overseer was appointed. Under the Public Health Act of 1848 and the Local Government Act of 1858 a local board was formed in 1864 with 12 members; it met at first in the National school, and J. A. Wade was chairman until 1889. (fn. 356) From 1869 it had a board room and office in the public rooms in Newbegin, but from 1885 it used purpose-built rooms at the cemetery in Southgate. (fn. 357) In 1894 the local board was replaced by an urban district council; T. B. Holmes, who had been chairman of the local board from 1890, was chairman of the urban district council until 1906. (fn. 358) By 1905 the offices were again in the public rooms, which were bought by the council in 1920, (fn. 359) and they remained there until 1927, when Elim Lodge in Cliff Road was bought for a town hall. (fn. 360) In 1974 Hornsea became part of the Holderness district of Humberside, which was granted the title Holderness Borough in 1977, (fn. 361) and the town later formed two of the wards in the district. The old offices in Cliff Road were closed and in 1997 Elim Lodge was a nursing home. In 1996 Hornsea became part of a new East Riding unitary area. (fn. 362) The former police station in Newbegin, earlier acquired as a local office for the district council, (fn. 363) was used by the East Riding council in 1997. Other council offices then included Ravenswood, the former children's home. (fn. 364) From 1974 Hornsea had a town council, of 12 members, with the powers and duties of a parish council; its chairman was styled town mayor. (fn. 365) The former lifeboat station in Burton Road was used as a town hall.
The War Memorial Cottage Hospital was opened in Eastgate in 1923 with eight beds and was later enlarged. It had 22 beds in 1983. (fn. 395) A convalescent home in connexion with the Victoria Hospital for Sick Children, Hull, was opened in a house in Cliff Road in 1885; it was moved in 1904 to a larger house, which was replaced by a new building in 1908. It was closed in 1970 and has been converted into flats. (fn. 396) A holiday home for the Port of Hull Society was provided in Cliff Road by Sir James Reckitt, Bt., in 1908. (fn. 397) The Hull Guild of Brave Poor Things had a holiday home in Alexandra Road in 1908 but replaced it before 1910 with a new building in New Road, which had been closed by 1973. (fn. 398) The East Riding county council bought Ravenswood (no. 12 Cliff Road) in 1950 for use as a children's home, which was closed c. 1980, and in 1967 it built the Willows old people's home in Newbegin, which had also been closed by 1997 and was later demolished. Hull corporation bought Westgate House for the same purpose in 1953; (fn. 399) it later passed to Humberside county council. A 'camp school' was built by Wakefield corporation on the Hull road in 1938 (fn. 400) and still existed in 1989.
The incumbent had licence to celebrate divine service in the rectory house in 1397. (fn. 437) By the ordination of 1423, a vicarage house was to be built by St. Mary's abbey next to the churchyard. (fn. 438) The house may not have been wholly habitable in 1614, when the vicar took his meals at an alehouse in the town but used a room in the vicarage house as a study. (fn. 439) The house was unroofed by a storm in 1732. (fn. 440) A new house was built in 1831; (fn. 441) it is of grey brick with a main front of three bays, the central bay recessed, and the low-pitched roof has wide overhanging eaves.
The church of ST. NICHOLAS, so called in 1390, (fn. 460) is built mainly of rubble with ashlar dressings and stands on an eminence at the junction of Market Place and Newbegin. It consists of aisled and clerestoried chancel with crypt and north vestry, aisled and clerestoried nave with south porch, and a west tower, which is flanked by continuations of the aisles. The narrow nave and the clasped tower suggest that the plan has early origins, but there are no surviving features earlier than the triple lancets in the aisles. The arcades are of the late 13th century, and the aisles are almost as wide as the nave, suggesting that each may originally have been ridge roofed. There is a blocked arch for a side chapel in the south aisle. The tower is also of the 13th century, but has 14th-century battlements and a 15th-century west window. The line of an earlier nave roof is visible on the east wall of the tower. The clerestory was probably added in the 15th century, when the east end of the chancel was refenestrated. The east and west windows of the aisles are slightly later.
The church contains three effigies: two, one of which is said to be that of Sir William Fauconberg (d. 1294), were brought from Nunkeeling church in 1948 and the other from Goxhill church. There is a tomb chest commemorating Anthony St. Quintin, rector (d. 1430). (fn. 467) The font is 13th-century.
In the late 18th century Wesleyan Methodists met first in Low Hall, Southgate, and then in another building nearby. (fn. 496) A house was licensed for Methodist worship in 1808. A chapel was built in Back Southgate in 1814 (fn. 497) and replaced by Trinity chapel in Newbegin in 1870. (fn. 498) The old chapel was later put to various uses and served as a garage in 1989. A school was built beside the new chapel in 1875. (fn. 499) Trinity chapel, which was still used in 1989, was designed by J. K. James of Hull (fn. 500) and built of red brick with stone dressings.
A Church of England infants' school was built in Westgate in 1848 at the expense of Lady Strickland. (fn. 536) A classroom was added in 1896. (fn. 537) Average attendance was usually 50–60 until the early 1920s and then rose to c. 70 in 1926–7. (fn. 538) The school was overcrowded in 1930 and was closed in 1935. (fn. 539) The building, of boulders and rusticated brick, was later used as a dwelling house, known as Mereton in 1989.
1. This article was written mainly in 1989 and revised in and after 1997.
2. Spectator, 27 Sept. 1873, cited by K. L. Mayoh, 'Comparative Study of Resorts on Coast of Holderness' (Hull Univ. M.A. thesis, 1961), 192.
3. G. F. Jensen, Scand. Settlement Names in Yorks. 97.
4. Yorks. Fines, 1272–1300, p. 55.
5. E.R.A.O., DDSC, accession 4248 (plan of mere); ibid. IA. Hornsea; O.S. Map 1/2,500, Yorks. CXCVII. 7 (1891 edn.). The reduction in the extent of the mere, and the landscape in general, are discussed in Popham, 'Wassand Estate'.
6. Between 1852 and 1890: O.S. Map 6", Yorks. CXCVII (1854 edn.); 1/2,500, Yorks. CXCVII. 3–4, 7 (1891 edn.). Popham, 'Wassand Estate', p. 32.
7. Popham, 'Wassand Estate', p. 33.
8. Inf. from R.S.P.B., Sandy (Beds.), 1989; inf. from R.S.P.B., Bempton, 2000.
9. O.S. Map 6", Yorks. CXCVII (1854 edn.).
11. T. Sheppard, Lost Towns of Yorks. Coast, 166.
13. P.R.O., E 179/202/60, mm. 47, 50, 55, 58, 64.
14. P. Heath, Med. Clerical Accts. (St. Ant. Hall Publ. xxvi), 57.
16. B.I.H.R., V. 1764/Ret. 2, no. 48; Herring's Visit. ii, p. 88.
17. Census, 1831–41; V.C.H. Yorks. iii. 495; below, this section. After 1841 census day was never in the holiday season.
19. Geol. Surv. Map 1", drift, sheet 73 (1909 edn.).
20. E.R.A.O., DDRI/19/2; Cal. Pat. 1575–8, p. 493; Diary of Abraham de la Pryme (Sur. Soc. liv), 272.
21. E. W. Bedell, Acct. of Hornsea (1848), 54.
22. Popham, 'Wassand Estate', appendix 5, pp. 4–5.
23. O.S. Map 6", Yorks. CXCVII (1854 edn.).
24. Public Works in Med. Law, ii (Selden Soc. xl), 356.
25. The bridge in Southgate was recorded in 1624: E.R.A.O., PE/30/33, f. .
27. P.R.O., SC 6/Hen. VIII/4595; Heath, Med. Clerical Accts. 38.
29. P.R.O., SC 6/Hen. VIII/4595; E.R.A.O., PE/30/33, f. 7v.
30. R.D.B., CI/345/27; E.R.A.O., IA. Hornsea; ibid. DDX/253/1 (undated pre-incl. plan); Hull Pub. Libr., proprietors' and incl. commissioners' mins.; O.S. Map 6", Yorks. CXCVII (1854 edn.).
31. Below (growth of town).
32. Bulmer, Dir. E. Yorks. (1892), 430–1; O.S. Map 6", Yorks. CXCVII (1854 edn.); O.S. Map 1/2,500, Yorks. CXCVII. 11 (1891 edn.).
33. Hornsea U.D.C. Mins. 1896–1906, 63–4 (at E.R.A.O., UDHO); Kelly's Dir. N. & E.R. Yorks. (1897), 476; (1901), 498; M. Sewell, Joseph Armytage Wade (Hornsea Museum, 1996), 84 (illus.).
34. Popham, 'Wassand Estate', appendix 5, p. 2.
35. T. Jefferys, Map of Yorks. (1772).
36. Below (growth of town).
37. K. A. MacMahon, Beginnings of E. Yorks. Rlys. (E. Yorks. Loc. Hist. Ser. iii), 17.
38. H.U.L., DSJ/35, p. 465; Sewell, op. cit. passim.
39. Hull Advertiser, 30 May, 20 June 1851.
40. H.U.L., DSJ/36, pp. 252, 254; DSJ/42, p. 521.
41. MacMahon, op. cit. 17–18; Hull Advertiser, 15 Nov., 6 Dec. 1856.
42. O.S. Map 1/2,500, Yorks. CXCVII. 7 (1891 edn.).
43. C. R. Clinker and J. M. Firth, Reg. Closed Passenger Stas. and Goods Depots, 67.
44. Plaque of 1996 behind Hornsea Leisure Centre.
45. Lay Subsidy of 1334, ed. R. E. Glasscock, 366. Earlier refs. (P.N. Yorks. E.R. 65) prob. relate to Northorpe in Easington.
46. E.R.A.O., PE/30/33, f. .
48. V.C.H. Yorks. ii. 265.
49. E.R.A.O., PE/30/33, f. .
51. Chron. de Melsa (Rolls Ser.), i. 421.
52. L. & P. Hen. VIII, xiv (1), p. 307.
54. Ibid. E 134/13 Chas. 1 East./7.
55. W. Camden, Britannia, ed. E. Gibson (1695), 748.
56. V.C.H. Yorks. ii. 265.
58. P.R.O., E 134/9 Wm. III Mich./45.
61. E.R.A.O., PE/30/3, inside front cover.
63. e.g. nos. 10–12 Eastgate, no. 42 Southgate, and part of the museum in Newbegin.
64. e.g. no. 36 Southgate.
65. e.g. no. 41 Southgate.
66. e.g. nos. 43–4 Southgate.
67. cf. inclosure map of 1809 (E.R.A.O., IA.) and O.S. Map 6", Yorks. CXCVII (1854 edn.).
68. H.U.L., DSJ/34, pp. 137, 457.
69. Ibid. DSJ/35, pp. 79, 465; DSJ/37, p. 322; White, Dir. Hull & York (1846), 374; O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 and 1910 edns.); illus. in Sewell, Joseph Armytage Wade, 73.
71. H.U.L., DSJ/34, p. 133; DSJ/39, p. 11; ibid. DDCV/82/5, pp. 337, 346, 367; O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 and 1910 edns.).
72. H.U.L., DDCV/82/5, pp. 206, 289, 295.
73. Ibid. DSJ/34, pp. 19, 133; DSJ/35, p. 277.
74. Ibid. DDCV/82/5, p. 503; ibid. DSJ/34, pp. 415, 453, 469; DSJ/35, p. 65; DSJ/36, p. 40; DSJ/37, p. 176.
75. Ibid. DDCV/82/5, pp. 338, 526; ibid. DSJ/34, pp. 357, 555; DSJ/35, p. 559; R.D.B., 135/243/213.
76. H.U.L., DSJ/34, p. 524; DSJ/35, p. 93; Hull Advertiser, 2 June 1837.
77. H.U.L., DSJ/34, pp. 522, 534, 593; DSJ/35, pp. 151–81, 215–27, 321.
78. E.R.A.O., HD/53; ibid. PE/30/22, pp. 16–17.
79. Trans. E. Yorks. Georgian Soc. v (1), 34.
80. H.U.L., DSJ/37, pp. 258, 275; DSJ/42, p. 50.
81. Ibid. DSJ/37, p. 335; DSJ/41, p. 441; DSJ/42, p. 73; DSJ/45, p. 145; O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 edn.).
82. H.U.L., DSJ/39, pp. 170, 175. Dated plans of 1876–7 in possession of Dr. J. E. S. Walker, Grebe House, 1998. The name Ventnor House is borne by a division of the original house (no. 25 Westgate).
83. R.D.B., KF/42/61; KF/43/62; KI/189/249–50; KI/ 190/251–2; KI/191/253–4.
84. Ibid. MU/13/22; MX/359/574; MX/360/575; H.U.L., DSJ/40, p. 291.
85. H.U.L., DSJ/36, p. 491; DSJ/38, p. 511.
86. O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 edn.).
87. R.D.B., IX/307/422; KE/96/124; KH/380/451.
88. H.U.L., DSJ/37, p. 185.
90. R.D.B., IY/187/264; IY/338/485; KG/317/480.
92. Ibid. DDX/298/8–9; R.D.B., LU/373/553; H.U.L., DDX/16/344.
94. Ibid. KF/59/74; Illus. Guide to Hornsea (1894), 11.
96. Ibid. IZ/311/385; KF/301/405; KG/65/106; KG/207/ 316; KN/112/155; KV/109/138; KY/196/252; LC/330/430; MC/342/527; MT/79/108.
98. H.U.L., DSJ/37, p. 270; DSJ/38, pp. 97, 346; DSJ/39, pp. 70, 296.
99. Ibid. DSJ/37, pp. 205, 214, 223, 232, 241.
101. Ibid. MP/210/294; MR/138/205; NF/222/348; 12/ 331/321 (1886).
102. Ibid. 39/213/202 to 39/217/206 (1890).
104. Ibid. KT/73/95; KT/175/240; MM/273/438.
107. Ibid. KU/262/363; KU/263/364; LF/318/406; 217/ 418/374.
108. Ibid. LF/318/407; LF/320/408; LH/136/191; LO/ 271/380; LO/272/381; MG/9/13.
109. H.U.L., DSJ/38, pp. 141, 342, 374.
110. Ibid. DSJ/39, pp. 105, 442.
111. O.S. Map 1/2,500, Yorks. CXCVII. 3–4, 7 (1910 edn.).
112. H.U.L., DSJ/42, pp. 427, 430.
113. R.D.B., 18/391/355 (1900); 18/475/438 (1900).
115. Illus. in Sewell, Joseph Armtage Wade, 77.
116. O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1927 edn.).
117. R.D.B., 198/554/478; 220/394/341; B.I.H.R., V. 1910–22/Ret.; G. L. Southwell, Hornsea in Old Postcards, p. .
118. R.D.B., 74/343/326 (1905); 80/174/166 (1905); 130/193/169; 135/310/272; 371/26/21; 702/588/498; Reg. of Electors (1915); E.R. Licensing Cttee. Mins. 1904–23, 223. Illus. in M. and B. Chapman, Holderness in old picture postcards, 30; I. and M. Sumner, Britain in Old Photographs: Holderness, 39.
119. The dome was removed in 1989. Pevsner and Neave, Yorks. E.R. 482; inf. from Mr. M. Sewell, Hornsea, 1997.
120. O.S. Map 6", Yorks. CXCVII. NE. (1929 edn.). For the Edenfield estate, see R.D.B., 238/137/115; 238/317/266 etc.
121. R.D.B., 691/514/431; Mayoh, 'Resorts of Holderness', 193; inf. from Dr. J. E. S. Walker, Hornsea, 1997.
122. Plaque on Sandpiper Court; inf. from Mr. Sewell, 2000.
123. Bedell, Acct. of Hornsea (1848), 97–8; directories. For bathing machines, cf. Hull Advertiser, 3 June 1825.
124. H.U.L., DDCV/82/5, pp. 289, 503; ibid. DSJ/34, p. 415.
125. Hull Advertiser, 10 Sept. 1814; 8 Aug. to 5 Sept. 1818.
126. G. Head, Tour of Manufacturing Districts of Eng. (1836), 270.
127. E.R.A.O., QDT/2/6, 9; directories.
128. Hull Advertiser, 18 July 1834.
129. Above, intro. (growth of town).
130. Hull Advertiser, 5 Aug. 1836.
131. Ibid. 2 July 1841; 27 Jan., 16 June 1843 (with illus.); Bedell, Acct. of Hornsea (1848), 94, 96–7; directories; Sumners, op. cit. 40.
132. F. R. Pearson, Charlotte Bronte on E. Yorks. Coast (E. Yorks. Loc. Hist. Ser. vii), 25–6.
133. Bedell, Acct. of Hornsea (1848), 96; directories.
135. Mayoh, 'Resorts of Holderness', 33; for visitors at the hotel, see Hull Advertiser, 25 Aug. 1848; 13 July 1849; 19 Sept. 1857.
136. 1st Rep. Com. on Employment of Children, Young Persons, and Women in Agric., App. Pt. II [4068–1], p. 366, H.C. (1867–8), xvii.
138. Spectator, 27 Sept. 1873, cited by Mayoh, 'Resorts', 192.
139. Mayoh, 'Resorts', 134, 136.
140. Above, intro. (growth of town).
142. H.U.L., DSJ/38, p. 89; Bulmer, Dir. E. Yorks. (1892), 428; directories.
146. Mayoh, 'Resorts', facing p. 128; Bedell, Acct. of Hornsea (1848), [at end unpag.].
147. E.R.A.O., DDCC/51/10–12; for the following, also Sewell, Joseph Armytage Wade, 7, 39–48 (illus.).
148. Ibid. DDCC/51/16–19; R.D.B., LU/373/553; Abridged Hist. Hornsea Pier Negotiations (1876) (copy in Hull Pub. Libr.).
149. Hornsea Gaz. 30 Oct. 1880, cited by Mayoh, 'Resorts', 117; Sewell, op. cit. 39–48 (illus.).
150. Slater, Royal Nat. Com. Dir. Yorks. (1887), 106; Bulmer, Dir. E. Yorks. (1892), 431; Sumners, op. cit. 28.
151. J. E. Hobson, Sketch of Hornsea (1974 edn.), 103–4; Sewell, op. cit. 45.
152. R.D.B., 95/363/336 (1897); 79/372/355 (1905); O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 edn.); Illus. Guide to Hornsea (1908), 5.
153. Hornsea U.D.C. Mins. 1913–19, 37 (at E.R.A.O., UDHO).
154. Illus. in G. L. Southwell, Hornsea in Old Picture Postcards, nos. 53–5, 68.
155. Hornsea U.D.C. Mins. 1906–12, 5–6, 52; Illus. Guide to Hornsea (1908), 5; Kelly's Dir. N. & E.R. Yorks. (1909), 529; illus. in Southwell, op. cit., nos. 59–60, 62–3.
156. Illus. Guide to Hornsea (1908), 9.
157. Ibid. 21; V.C.H. Yorks. ii. 543; Hall Garth Park, Hornsea, p.  (copy in Beverley Pub. Libr.); A. A. Clarke, Hornsea Golf Club, 1898–1998. In 1922 the club bought the course, then comprising 18 a. in Hornsea and 135 a. in Rolston: R.D.B., 245/451/392; 245/452/393. Hall Garths was later used as pasture and then by the military authorities: inf. from Dr. J. E. S. Walker, Hornsea, 1998.
158. Below, local govt. (public services).
159. Hobson, Sketch of Hornsea, 118.
160. Kelly's Dir. N. & E.R. Yorks. (1925), 559.
161. R.D.B., 213/148/128; 238/361/299; 364/389/325.
162. Kelly's Dir. N. & E.R. Yorks. (1925), 555.
165. Illus. in Southwell, Hornsea in Old Picture Postcards, no. 75; inf. from Dr. J. E. S. Walker, Hornsea, 1997.
166. Directories. For the Hydro, above, intro. (growth of town).
167. For the Marine Hotel, see Hobson, Sketch of Hornsea, 101, 121.
168. Mayoh, 'Resorts', facing pp. 128, 136, 175; inf. from Dr. Walker, 1997.
169. e.g. E.R.C.C. Mins. 1955–6, 228; 1956–7, 112; 1966–7, 418; 1967–8, 111; inf. from Dr. Walker.
170. Mayoh, 'Resorts', 104–7, 195–6.
171. Inf. from Dr. Walker; above [first section].
173. Hornsea Civic Soc. Town Walk and Street Map; inf. from Devt. Dept., Holderness B.C., 1990.
175. Bedell, Acct. of Hornsea (1848), 113; Hull Advertiser, 24 Mar. 1848.
176. Hobson, Sketch of Hornsea, 118.
177. Hornsea U.D.C. Mins. 1928–31, 88 (at E.R.A.O., UDHO); E.R. Educ. Cttee. Mins. 1936–7, 138, 194; 1937–8, 229.
178. E.R. Educ. Cttee. Mins. 1971–2, 225; Humbs. C.C. Mins. 1974–5, H 290.
179. Hull Daily Mail, 26 Apr. 1978; Humbs. C.C. Mins. 1980–1, J 729.
180. Hobson, Sketch of Hornsea, 103; Sewell, Joseph Armytage Wade, 39.
181. Short Story of Hornsea Ex-Servicemen's Club Ltd. (Hornsea, priv. print. ).
182. Hobson, Sketch of Hornsea, 85–6.
184. D. [R. J.] Neave, E.R. Friendly Soc. (E. Yorks. Loc. Hist. Ser. xli), 56.
185. Hobson, Sketch of Hornsea, 119.
187. Dates on bldg.; Kelly's Dir. N. & E.R. Yorks. (1901), 499; inf. from Dr. J.E.S. Walker, Hornsea, 1997.
188. R.D.B., 86/403/374 (1906); Sewell, op. cit. 69.
189. R.W.S. Norfolk, Militia, Yeomanry, and Volunteer Forces of the E.R. 1689–1908 (E. Yorks. Loc. Hist. Ser. xix), 55; Bulmer, Dir. E. Yorks. (1892), 430; Sewell, op. cit. 68.
190. R.D.B., 355/112/80; Short Story of Hornsea Ex-Servicemen's Club Ltd. (Hornsea, priv. print. ).
191. Files for 1869–1901 (1872–3, 1896 missing) at B.L.: Cat. Newspaper Libr. v. 421; copy for 17 Mar. 1877 at Beverley Pub. Libr. Kelly's Dir. N. & E.R. Yorks. (1872), 379.
192. Kelly's Dir. N. & E.R. Yorks. (1901), 501; (1937), 480; Illus. Guide to Hornsea (1908), 26; inf. regarding the Recorder and Bulletin from Dr. Walker, 1997.
193. Willing's Press Guide; V.C.H. Yorks. E.R. v. 163.
194. J. Lonsdale, 'Beginnings of Cricket in Hornsea' (TS. in Beverley Pub. Libr. 1989); Sewell, op. cit. 35, 69; Hobson, Sketch of Hornsea, 102–3.
196. Cairn near South Promenade; inf. from Mr. N. Bakes, Hornsea, 1998.
197. V.C.H. Yorks, ii. 265 and n.; above, Atwick, manors.
198. V.C.H. Yorks. E.R. v. 9.
199. E.Y.C. i, p. 27; iii, p. 26.
200. V.C.H. Yorks. iii. 111.
201. P.R.O., C 66/3080, [no. 1].
202. Ibid. E 159/337, rot. 105; E.R.A.O., PE/30/33.
203. P.R.O., C 66/3386, no. 5.
206. Ibid.; H.U.L., DDCV/82–5; ibid. DSJ/34–47; below, Rise, manor. For pedigree, see J. Foster, Pedigrees of Yorks. iii; Burke, Land. Gent. (1969), ii. 46–7.
207. Book of plans of estates of H. Bethell, at Rise Park Estate Off.
209. Ibid. LH/414/541; 170/289/242; 398/519/428; 408/ 90/75; valuation of estates of Ric. Bethell, 1852, in E.R.A.O., DDRI/accession 2980, box 2; inf. from Rise Park Estate Office.
210. P.R.O., C 66/2901, no. 21; ibid. SC 6/Hen. VIII/4595; L. & P. Hen. VIII, xv, p. 564; Acts of P.C. 1552–4, 246–7; Cal. Pat. 1575–8, p. 493.
211. E.R.A.O., PE/30/33, ff. 73, 79v., 102v., 104v., 151–2, 281v.; Poulson, Holderness, i. 335; below, prot. nonconf.
212. H.U.L., DDCV/82/5, p. 457; R.D.B., 10/276/261 (1899).
214. O.S. Map 6", Yorks. CXCVII (1854 edn.); O.S. Map 1/2,500, Yorks. CXCVII. 7 (1891 edn.); above, intro. (resort).
216. Pevsner, York & E.R. 257; below, prot. nonconf.
218. H.U.L., DDCV/82/5, p. 457; ibid. DSJ/34, pp. 62, 316, 374; below, this section.
219. E.R.A.O., NV/1/8; R.D.B., 398/519/428; below, Sigglesthorne, manors (Wassand).
220. R.D.B., 1589/491/406; 1621/428/341; 1639/462/416; 1747/171/146; 1843/321/265; and passim for sales; inf. from Wm. H. Brown, Agric. Surveyors, Valuers and Land Agents, Northgate Ho., Sleaford, 1990.
222. Cal. Inq. p.m. iv, pp. 353, 355.
223. Feud. Aids, vi. 40; Kirkby's Inq. 246.
224. Feud. Aids, vi. 163.
225. P.R.O., CP 25(1)/271/98, no. 92.
226. Cal. Inq. p.m. ix, p. 256.
227. Ibid. iv, pp. 353–4, 357; ix, p. 177; xviii, p. 136; below, Rise, manor.
228. Cal. Inq. p.m. ix, pp. 2, 252.
229. P.R.O., CP 25(1)/271/94, no. 85; Yorks. Fines, 1300–14, p. 25; Reg. Corbridge, i. 195.
230. Cal. Pat. 1358–61, 133; Cal. Fine R. 1356–68, 106–7; 1391–9, 27; 1430–7, 282; Yorks. Deeds, iv, p. 38; Cal. Inq. p.m. Hen. VII, ii, p. 113.
231. H.U.L., DHO/7/19, 33; Yorks. Sta. Cha. Proc. i (Y.A.S. Rec. Ser. xli), 35 n.
232. Chron. de Melsa (Rolls Ser.), i. 369, 420–1; ii. 22, 31, 96–102; English, Holderness, 209–10.
233. 'Meaux Cart.', pp. 250–1.
234. Feud. Aids, vi. 163.
235. Chron. de Melsa, iii. 285.
236. P.R.O., SC 6/Hen. VIII/4612.
237. L. & P. Hen. VIII, xix (2), p. 78.
239. Inf. from the Trinity Ho., Hull, 1989.
240. E.R.A.O., PE/30/31; H.U.L., DOG/5/11.
242. Ibid. 691/514/431; 854/585/487; 1212/289/254; inf. from the Secretary, the Trinity Ho., Hull, 1990.
244. L. & P. Hen. VIII, xv, p. 564; Acts of P.C. 1552–4, 246; Cal. Pat. 1575–8, p. 493; Cal. S.P. Dom. 1595–7, 12.
245. P.R.O., CP 43/113, rot. 16.
247. Y.A.S., MS. 661, p. 35.
248. R.D.B., C1/345/27; H.U.L., DDEV/21/123–4; V.C.H. Yorks. E.R. vi. 210.
249. R.D.B., CU/93/90; CU/128/123; DN/268/299; above, this section.
250. H.U.L., DDEV/21/124; Burke, Land. Gent. (1937), 1162.
254. Poulson, Holderness, i. 323.
255. Hobson, Sketch of Hornsea (1974 edn.), 23.
258. One of the shaped gables was added in the 19th cent.: Bedell, Acct. of Hornsea, facing p. 116; Illus. Guide to Hornsea (1908), facing p. 12; I. and M. Sumner, Britain in Old Photographs: Holderness, 32, 36.
259. E.Y.C. ii, p. 456.
260. Miscellanea, iv (Y.A.S. Rec. Ser. xciv), 98; Cal. Pat. 1557–8, 321.
261. Chron. de Melsa (Rolls Ser.), ii. 22.
262. Miscellanea, iii (Y.A.S. Rec. Ser. lxxx), 98.
263. Beverley Boro. Rec. 1575–1821 (Y.A.S. Rec. Ser. lxxxiv), 181.
264. E.R.A.O., PE/27/44; R.D.B., 92/301/275.
265. Popham, 'Wassand Estate', appendix 2, p. 7.
266. P.R.O., LR 2/230, ff. 209–10; B.I.H.R., TER. H. Hornsea passim; H.U.L., DDCV/155/1; R.D.B., CI/345/27.
267. P.R.O., SC 6/Hen. VIII/4595; ibid. LR 2/230, ff. 209–10.
268. Ibid. E 134/13 Chas. 1 East./7; E 178/4813; ibid. LR 2/230, ff. 209–10.
271. B.I.H.R., TER. H. Hornsea 1764.
272. H.U.L., DDCV/82/1, e.g. 14 Oct. 1718.
273. Hull Pub. Libr., proprietors' and incl. commissioners' mins.
274. Along the N. side of the road according to Bedell, Acct. of Hornsea (1848), 86–7. The Brockholm stone is shown on O.S. Map 6", Yorks. CXCVII (1854 edn.).
275. H.U.L., DDCV/155/1; O.S. Map 6", Yorks. CXCVII (1854 edn.).
276. P.R.O., E 317/Yorks./28; ibid. SC 6/Hen. VIII/4595.
279. E.R.A.O., IA. Hornsea; Hull Pub. Libr., proprietors' and incl. commissioners' mins.
280. P.R.O., E 134/13 Chas. 1 East./7; E 317/Yorks./28; ibid. LR 2/230, ff. 209–10.
281. E.R.A.O., IA. Hornsea; Hull Pub. Libr., proprietors' and incl. commissioners' mins.; R.D.B., CI/345/27; 41 Geo. III, c. 110 (Priv. Act).
283. A. Bryant, Map of E.R. Yorks. (1829).
284. E.R.C.C. Mins. 1911–12, 431.
289. [1st] Land Util. Surv. Map, sheet 28.
290. Inf. from Min. of Agric., Fish. & Food, Beverley, 1990.
291. P.R.O., C 66/1804, [no. 1]; ibid. SC 2/211/59.
292. E.R.A.O., PE/30/33, f. 281v.; PE/30/34, p. 213.; O.S. Map 6", Yorks. CXCVII (1854 edn.) shows Mill hill.
294. T. Jefferys, Map of Yorks. (1772).
295. H.U.L., DSJ/34, pp. 168, 179, 195.
296. Kelly's Dir. N. & E.R. Yorks. (1909), 532; (1921), 537.
297. P.R.O., SC 2/211/59; Yorks. Fines, iii, 17.
298. H.U.L., DDX/16/214; O.S. Map 6", Yorks. CXCVII (1854 edn.) shows Mill hill.
300. E.Y.C. iii, pp. 26–9; Yorks. Fines, John, pp. 146–7; Yorks. Fines, 1246–72, p. 96; 1272–1300, pp. 54–5; Cal. Inq. p.m. ii, p. 345.
302. Cal. Pat. 1343–5, 89.
304. Cal. Pat. 1549–51, 373; 1557–8, 17; 1560–3, 539, 542.
305. Poulson, Holderness, i. 320–1.
306. P.R.O., E 134/31 Chas. II Mich./17; E.R.A.O., DDRI/19/1–2.
307. E.R.A.O., DDSC, accession 4248 (plan of mere); O.S. Map 6", Yorks. CXCVII (1854 edn.).
309. Chron. de Melsa (Rolls Ser.), i. 421.
310. Acts of Parl. and Proclamations relating to E.R. Yorks. and Hull, 1529–1800, ed. K.A. MacMahon, 64; Cal. Pat. 1364–7, 77.
311. B.I.H.R., Prob. Reg. 1, f. 8; B. H. Putnam, Proc. before J.P. (Ames Foundation), 439, 442; Poulson, Holderness, i. 327.
312. Cal. Pat. 1436–41, 463; Cal. Close, 1402–5, 190; Test. Ebor. v, pp. 152 n., 237.
313. L. & P. Hen. VIII, xii (2), p. 418.
314. Acts of P.C. 1547–50, 396; 1552–4, 255.
315. E.R.A.O., DDCC/139/65; cf. P.R.O., E 178/160.
316. B.I.H.R., CP. G. 720–2, 3558; Select 16th Cent. Causes in Tithe (Y.A.S. Rec. Ser. civ), 69–71.
317. Cal. Pat. 1575–8, p. 493.
318. Acts of P.C. 1558–70, 289.
319. P.R.O., E 134/13 Chas. I East./7; E 178/4813.
321. Hull Advertiser, 24 May 1844; Bedell, Acct. of Hornsea (1848), 97.
323. Ibid. RG 10/4803; RG 11/4790; Bulmer, Dir. E. Yorks. (1892), 436.
324. N.E. Sea Fisheries Cttee. Mins. 1893–4, 6; 1895–6, 35–46; 1913–15, 27; 1923–5, 111; and passim.
325. Hull Daily Mail, 22 Feb. 1990.
326. Cal. Chart. R. 1226–57, 463. The grant of a mkt. in 1466 (e.g. recorded by Bedell, Acct. of Hornsea (1848), 66) was only a confirmation: Cal. Chart. R. 1427–1516, 210.
327. Yorks. Hund. and Quo Warr. R. 1274–94 (Y.A.S. Rec. Ser. cli), 36; Cal. Chart. R. 1341–1417, 157.
329. K. L. McCutcheon, Yorks. Fairs & Mkts. (Thoresby Soc. xxxix), 174; 1st Rep. Royal Com. Mkt. Rights & Tolls, Vol. i [C.5550], p. 219, H.C. (1888), liii.
331. O.S. Map 6", Yorks. CXCVII (1854 edn.).
334. P.R.O., HO 107/2365; E.R.A.O., DDCC/136/165–6.
335. E.R.A.O., PE/30/34, p. 129.
336. White, Dir. Hull & York (1846), 375; Bedell, Acct. of Hornsea (1848), 120n.; Slater's Royal Nat. Com. Dir. (1864), 205; O.S. Map 6", Yorks. CXCVII (1854 edn.).
337. Slater's Royal Nat. Com. Dir. Yorks. (1864), 205. Sewell, Joseph Armytage Wade, 36–8, 47, 55 (illus.).
338. H.U.L., DSJ/37, p. 320; DSJ/43, p. 169; P.R.O., RG 11/4790; illus. in Sewell, op. cit. 52.
339. O.S. Map 1/2,500, Yorks. CXCVII. 7 (1891 edn.); H.U.L., DSJ/44, p. 100; Sewell, op. cit. 38, 55 (illus.).
341. P.R.O., RG 10/4803; R.D.B., LR/328/488; O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 edn.); Sewell, op. cit. 36.
342. O.S. Map 6", Yorks. CXCVII (1854 edn.).
343. R.D.B., 958/74/60; 974/422/381; 1025/395/353; 1350/251/226; 1350/252/227; R. W. Doughty, 'District of Hornsea in Holderness' (Univ. of Reading B.A. dissertation, 1966), 61–2; Story of Hornsea Pottery (1977), [6, 8, 10, 13, 37].
344. Inf. from Dr. J. E. S. Walker, Hornsea, 1997.
345. Inf. from Hornsea Freeport, 2000.
346. Holderness B.C. Mins. 1981–2, no. 545 (copy at E.R.A.O., DCHO); inf. from Dr. Walker, 1997.
347. Yorks. Hund. and Quo Warr. R. 1274–94 (Y.A.S. Rec. Ser. cli), 36, 171–3.
348. P.R.O., E 134/9 Wm. III Mich./45.
350. E.R.A.O., PE/30/33–4; H.U.L., DDCV/82/1–8; ibid. DSJ/34–49.
352. Poor Law Abstract, 1804, pp. 594–5; 1818, pp. 522–3.
353. 9th Rep. Com. Char. 764–5; below, church [last para.]; charities [town stock].
354. 3rd Rep. Poor Law Com. 170.
355. E.R.A.O., PE/30/22, pp. 61 and passim.
356. Ibid. pp. 124, 129–30; Hornsea L.B. Mins. passim; Lond. Gaz. 3 July 1863, p. 3343; 19 Apr. 1864, p. 2174; Hornsea L.B. Bylaws (copy in Hull Pub. Libr.). The board's mins. survive for 1872–8 and 1886–94: E.R.A.O., LBHO.
357. Bulmer, Dir. E. Yorks. (1892), 432; Hobson, Sketch of Hornsea (1974 edn.), 102; Sewell, Joseph Armytage Wade, 59; below, local govt. (public services).
358. Mins. survive for 1895–1924, 1928–74: E.R.A.O., UDHO.
361. V.C.H. Yorks. E.R. v. 180.
362. Humberside (Structural Change) Order 1995, copy at E.R.A.O.
363. Humbs. C.C. Mins. 1974–5, D 305.
364. Below, local govt. (public services).
365. Inf. from town clerk, Hornsea, 1989.
366. Hornsea L.B. Mins. 1872–8, passim (at E.R.A.O., LBHO); E.R.C.C. Mins. 1906–7, 383–4.
367. Kelly's Dir. N. & E.R. Yorks. (1897), 476; (1901), 498; E.R.C.C. Mins. 1905–6, 44; 1910–11, 388; 1924–5, 369. Illus. in Sewell, Joseph Armytage Wade, 59.
368. Hull Corp. Water Cttee. Mins. 1925–6, 10; 1926–7, 27, 49; V.C.H. Yorks. E.R. i. 373.
369. Humbs. C.C. Mins. 1975–6, K 469.
370. Hornsea L. B. Mins. 1872–8, 132; E.R.A.O., accession 2382 (drainage cttee. mins. 1874–7).
371. E.R.C.C. Mins. 1926–7, 170; Kelly's Dir. N. & E.R. Yorks. (1933), 483.
372. Hornsea U.D.C. Mins. 1971–2, 197, and Mins. passim (at E.R.A.O., UDHO).
373. Kelly's Dir. N. & E.R. Yorks. (1889), 404.
374. N.E. Gas Bd. Ann. Rep. 1966–7, 12; 1968–9, 21.
375. R.D.B., KW/240/300; 22/493/468 (1900); Bulmer, Dir. E. Yorks. (1892), 427.
376. E.R.A.O., DP/283; R.D.B., 410/585/473; Hull Corp. Elect. Cttee. Mins. 1928–9, 28; 1929–30, 97; V.C.H. Yorks. E.R. i. 374.
377. The building was later a U.D.C. depot; it was demolished in 1994. Inf. from Dr. J. E. S. Walker, Hornsea, 1997.
378. E.R.A.O., PE/30/33, ff. 50, 102, 107v.
379. Bedell, Acct. of Hornsea (1848), 116.
380. E.R.A.O., PE/30/22, pp. 13, 20–1, 30, 34–6, 38, 51, 57, 67, 79; Hull Advertiser, 8 Mar. 1850.
381. A. A. Clarke, Country Coppers: Story of E.R. Police, 18–19, 108 (illus.); inf. from Dr. J.E.S. Walker, Hornsea, 1998. The cell door from 16 Westgate is in Hornsea Museum.
382. E.R.A.O., QAP/1/1, s.vv. 11 Feb. 1857; 18 Oct. 1859; P.R.O., RG 9/3604; RG 10/4803.
383. R.D.B., MX/278/450; H.U.L., DDCV/81/18.
384. Kelly's Dir. N. & E.R. Yorks. (1889), 404.
385. E.R.C.C. Standing Joint Cttee. Mins. 1922–5, 161; 1925–8, 98, 237; E.R.C.C. Mins. 1964–5, 122; 1967–8, 108.
386. E.R.C.C. Mins. 1971–2, 352; 1972–3, 333; plaques in bldgs.; inf. from Mr. M. Sewell, Hornsea, 1997.
387. Humbs. C.C. Mins. 1974–5, D 305.
388. Hornsea U.D.C. Mins. 1896–1906, 270; 1919–24, 452; Kelly's Dir. N. & E.R. Yorks. (1925), 556.
389. E.R.C.C. Mins. 1965–6, 58.
390. R.D.B., NZ/397/358; Bulmer, Dir. E. Yorks. (1892), 430; illus. in Sewell, Joseph Armytage Wade, 67.
392. Ibid. 202/432/373; 219/538/470; Hall Garth Park, Hornsea (copy in Beverley Pub. Libr.); Kelly's Dir. N. & E.R. Yorks. (1925), 555.
393. R.D.B., 365/244/203; 766/409/341; notice board at playing fields, 1989.
395. R.D.B., 280/436/378; 623/9/7; E.R.C.C. Mins. 1923–4, 327; Hospitals & Health Services Year Bk. 1985, 81.
396. V.C.H. Yorks. E.R. i. 384; Illus. Guide to Hornsea (1894), 11; G. Patrick, A Plague on You, Sir!, 112–13, 317; inf. from Dr. J. E. S. Walker, Hornsea, 1997.
397. R.D.B., 107/82/79; 119/220/196; Illus. Guide to Hornsea (1908), 20.
398. R.D.B., 112/316/289; E.R.A.O., NV/1/8; Illus. Guide to Hornsea (1908), 20; Hornsea U.D.C. Mins. 1973–4, 37.
399. R.D.B., 859/69/62; 945/410/349; E.R.C.C. Mins. 1948–9, 595; 1966–7, 341; 1967–8, 16; local inf.; inf. from Mr. M. Sewell, Hornsea, 1997.
400. R.D.B., 568/131/97; E.R. Educ. Cttee. Mins. 1938–9, 49.
401. J. Nicholson, Beacons of E. Yorks. 10.
402. E.R.A.O., PE/30/3, flyleaf; LT/4/18; ibid. QSF/ 153/D.25; QSF/311/D.5; T. Jefferys, Map of Yorks. (1772); R. W. S. Norfolk, Militia, Yeomanry, and Volunteer Forces of the E.R. 1689–1908 (E. Yorks. Loc. Hist. Ser. xix), 18, 30. Pennels or Beacon close, near Hornsea Beck, was the site of a gibbet where the body of Edw. Pennel, a pirate, was displayed in 1770: E.R.A.O., PE/30/3, p. 47; H.U.L., DDX/16/245.
403. Hull Advertiser, 3 Oct. 1851; 6 Feb., 5 Mar. 1852.
404. Bulmer, Dir. E. Yorks. (1892), 432; plaques in church; inf. from R.N.L.I., West Quay Rd., Poole (Dors.), 1989.
406. R.D.B., MR/138/204; 289/573/492; inf. from R.N.L.I., 1989.
407. Above, this section and loc. govt.; inf. from Dr. J. E. S. Walker, Hornsea, 1997.
408. R.D.B., MT/174/255; E.R.A.O., NV/1/8.
409. E.R.A.O., PE/30/33, f. 237v.; below, charities [Rob. Smithson].
410. Hull Advertiser, 13 June 1828.
411. Sheahan and Whellan, Hist. York & E.R. ii. 418; O.S. Map 6", Yorks. CXCVII (1854 edn.).
412. O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 and later edns.); inf. from Dr. Walker, 1997.
413. V.C.H. Yorks. ii. 265.
414. E.Y.C. iii, p. 26.
415. Cal. Pat. 1345–8, 123; 1396–9, 72; 1399–1401, 252; 1422–9, 94.
416. B.I.H.R., Reg. 18, ff. 199–201.
418. Below, Long Riston, church.
420. Ibid. 854; Lond. Gaz. 30 May 1939, p. 3638.
421. Lawrance, 'Clergy List', Holderness, 1, pp. 64–9.
422. Cal. Pat. 1557–8, 420.
423. B.I.H.R., OC. 854; P.R.O., Inst. Bks.; Cal. Pat. 1557–8, 355; 1558–60, 269; Crockford; Lond. Gaz. 30 May 1939, p. 3638.
424. Tax. Eccl. (Rec. Com.), 304.
425. Cal. Papal Reg. v. 2.
426. B.I.H.R., Reg. 18, f. 201.
427. P. Heath, Med. Clerical Accts. (St. Ant. Hall Publ. no. xxvi), 5–11, 25–59.
428. Valor Eccl. (Rec. Com.), v. 116.
430. B.I.H.R., Bp. Dio. 3, E.R., p. 176.
431. Rep. Com. Eccl. Revenues, 942–3.
432. B.I.H.R., V. 1884/Ret. 1.
436. Inf. from York Dioc. Bd. of Finance, 1981.
437. D. M. Smith, Cal. Reg. Waldby, 10.
438. B.I.H.R., Reg. 18, f. 201.
439. Ibid. CP. G. 1023.
440. E.R.A.O., PE/30/2, flyleaf. The glebe terriers (B.I.H.R., TER. H.) give no indication of rebuilding or burning, as in Sheahan and Whellan, Hist. York & E.R. ii. 417; Hobson, Sketch of Hornsea (1974 edn.), 113. The ho. was omitted, perhaps in error, from the incl. map of 1809 (E.R.A.O., IA. Hornsea; ibid. DDCK/35/1(j)).
441. E.R.A.O., PE/30/16; B.I.H.R., MGA. 1831/2.
442. B.I.H.R., Prob. Reg. 2, f. 629v.; 9, f. 388. Also E.R.A.O., DDCC/139/65.
443. e.g. in manorial ct. rolls: above, local govt.
444. Fasti Dunelm. (Sur. Soc. cxxxix), 51, 113, 143; Cal. Papal Reg. ii. 22; Cal. Papal Pets. i. 446.
445. Lawrance, 'Clergy List', Holderness, 1, pp. 65–6; Cal. Papal Reg. ii. 211, 239, 326; iii. 241.
446. B.I.H.R., Reg. 18, f. 201; Heath, Med. Clerical Accts. 7 sqq.
447. Y.A.J. xxiv. 75; Select 16th Cent. Causes in Tithe (Y.A.S. Rec. Ser. civ), 59, 69; Inventories of Ch. Goods, 55.
449. B.I.H.R., V. 1764/Ret. 1, no. 33; Ret. 2, nos. 48, 212; Herring's Visit. i, p. 36; ii, pp. 88–90; iii, pp. 35–6; above, Atwick, church.
450. P.R.O., HO 107/1222; Rep. Com. Eccl. Revenues, 942–3.
451. Bedell, Acct. of Hornsea (1848), 99.
452. B.I.H.R., V. 1865/Ret. 1, no. 255; V. 1868/Ret. 1, no. 229; V. 1871/Ret. 1, no. 229; V. 1877/Ret. 2, no. 36; V. 1884/Ret. 1; V. 1910–22/Ret.; V. 1931/Ret.
453. Herring's Visit. ii, p. 89.
454. B.I.H.R., V. 1764/Ret. 2, no. 48; V. 1865/Ret. 1, no. 255; V. 1868/Ret. 1, no. 229; V. 1871/Ret. 1, no. 229; V. 1877/Ret. 2, no. 36; V. 1884/Ret. 1; V. 1931/Ret.
455. Kelly's Dir. N. & E.R. Yorks. (1889), 404.
456. R.D.B., 104/68/66; Illus. Guide to Hornsea (1908) 17.
457. R.D.B., 184/434/375; Kelly's Dir. N. & E.R. Yorks. (1901), 499.
458. R.D.B., 1280/292/258; inf. from Mr. A. H. Croft, Hornsea, 1990.
459. Inf. from Mr. Croft.
460. B.I.H.R., Prob. Reg. 1, f. 8.
461. Ibid. V. 1615/CB. 1, f. 222v.; Abp. Grindal's Visit., 1575, ed. W. J. Sheils, 70.
462. B.I.H.R., Fac. 1699/4; Diary of Abraham de la Pryme (Sur. Soc. liv), 272.
464. Bedell, Acct. of Hornsea (1848), 111.
465. B.I.H.R., Fac. Bk. 5, p. 152; ibid. Ch. Ret. ii; Kelly's Dir. N. & E.R. Yorks. (1872), 378.
466. B.I.H.R., Fac. 1901/22; Kelly's Dir. N. & E.R. Yorks. (1909), 529.
468. Inventories of Ch. Goods, 53–4.
469. Boulter, 'Ch. Bells', 84.
470. B.I.H.R., Fac. Bk. 9, p. 569; plaque in church.
471. Inf. from Dr. J. E. S. Walker, Hornsea, 1997.
472. Inventories of Ch. Goods, 49–50.
473. Yorks. Ch. Plate, i. 264–5.
475. B.I.H.R., V. 1764/Ret. 2, no. 48; Herring's Visit. ii, p. 89.
477. 9th Rep. Com. Char. 764–5; below, charities [town stock].
479. e.g. R.D.B., 330/616/491; 410/585/473; 1149/150/143; 1745/531/450.
482. Aveling, Post Reformation Catholicism, 68.
483. Herring's Visit. ii, p. 88.
485. B.I.H.R., V. 1931/Ret.; O.N.S. (Birkdale), Worship Reg. no. 58992; local inf.
488. Cal. S.P. Dom. 1664–5, 218–19; Depositions from York Castle (Sur. Soc. xl), 123, 129 n.
489. E.R.A.O., PE/30/33, ff. 104v., 175. There were still memorial stones in the garden in 1989.
490. Bedell, Acct. of Hornsea (1848), 78.
491. E.R.A.O., QSF/13/D.6; H.U.L., DDCV/82/3, rot. 92; DDCV/82/4, pp. 17, 298; Herring's Visit. ii, p. 88.
492. B.I.H.R., V. 1764/Ret. 2, no. 48; Herring's Visit. ii, p. 88.
493. H.U.L., DDCV/82/5, p. 547.
495. P.R.O., RG 31/5, nos. 255, 466, 510, 790; B.I.H.R., Fac. Bk. 1, p. 411 (1766); ibid. DMH. 205, 242, 519; E.R.A.O., QSF/26/E.2.
496. R. A. Loten, 'Hist. Hornsea Wesl. Meth.' (copy in Beverley Pub. Libr.); Bedell, Acct. of Hornsea (1848), 112.
497. P.R.O., RG 31/5, nos. 2159, 2923; ibid. HO 129/522/4; B.I.H.R., Fac. Bk. 3, pp. 472, 727; E.R.A.O., DDIV/35/1–2; O.S. Map 6", Yorks. CXCVII (1854 edn.).
498. O.N.S. (Birkdale), Worship Reg. no. 19702; Kelly's Dir. N. & E.R. Yorks. (1872), 378.
501. P.R.O., RG 31/7, nos. 25, 27.
502. Herring's Visit. ii, p. 88.
503. C. E. Darwent, Story of Fish St. Ch., Hull (1899), 128–9.
504. P.R.O., RG 31/5, nos. 2070–1; ibid. HO 129/522/4; B.I.H.R., Fac. Bk. 3, pp. 439, 475.
505. Bedell, Acct. of Hornsea (1848), 111.
506. O.N.S. (Birkdale), Worship Reg. no. 21859; Kelly's Dir. N. & E.R. Yorks. (1879), 411; Hull & E.R. Cong. Mag. vi (65), pp. lxv–lxxi.
507. Inf. from Dr. J. E. S. Walker, Hornsea, 1997.
508. United Reformed Ch. Year Bk. (1973–4).
510. P.R.O., RG 31/5, nos. 3732, 3931, 4313, 4366; B.I.H.R., DMH. Reg. 1, pp. 372, 479, 690; DMH. Reg. 2, p. 16.
511. P.R.O., RG 31/5, no. 4371; ibid. HO 129/522/4; B I.H.R., DMH. Reg. 2, p. 19; O.S. Map 6", Yorks. CXCVII (1854 edn.).
512. Prim. Meth. Mag. xlvi. 695; date on bldg.
513. Illus. Guide to Hornsea (1908), 19; Hobson, Sketch of Hornsea (1974 edn.), 130.
514. Hull Daily Mail, 29 Sept. 1981.
515. O.N.S. (Birkdale), Worship Reg. no. 17278; inf. from Revd. P. D. Wright, Hornsea, 1989.
516. Inf. from Mr. M. Sewell, Hornsea, 1997.
517. O.N.S. (Birkdale), Worship Reg. nos. 25880, 25899, 26753; 27047; E.R.A.O., DDIV/35/7, 12. Groups of 'Salvation Soldiers' competed with the Army followers: Sewell, Joseph Armytage Wade, 62.
518. O.N.S. (Birkdale), Worship Reg. no. 43451; E.R.A.O., DDIV/35/15.
519. O.N.S. (Birkdale), Worship Reg. no. 48389.
520. Inf. from Dr. J. E. S. Walker, Hornsea, 1997.
521. O.N.S. (Birkdale), Worship Reg. nos. 59884, 66712.
522. H.U.L., DDCV/82/5, p. 185; E.R.A.O., PE/30/2, p. 41; PE/30/3, p. 46; PE/30/110, f. 178v.
524. Educ. of Poor Digest, 1084.
525. Baines, Hist. Yorks. ii. 220.
526. Educ. Enquiry Abstract, 1087.
527. E.R.A.O., PE/30/29; Hull Advertiser, 23 May 1845; O.S. Map 6", Yorks. CXCVII (1854 edn.).
528. Mins. of Educ. Cttee. of Council, 1852–3 , p. 160, H.C. (1852–3), lxxix.
529. Returns relating to Elem. Educ. 472–3.
531. Ibid. SL/54/2, p. 233.
532. Bd. of Educ., List 21 (H.M.S.O., 1908 and later edns.).
533. E.R. Educ. Cttee. Mins. 1924–5, 155; 1930–1, 149.
534. Bd. of Educ., List 21.
535. R.D.B., 673/180/149; 673/182/150; E.R. Educ. Cttee. Mins. 1935–6, 207; 1944–5, 26; 1952–3, 20; 1954–5, 114; 1958–9, 150; 1959–60, 89.
536. Bedell, Acct. of Hornsea (1848), frontis., 112; Sheahan and Whellan, Hist. York & E.R. ii. 418; O.S. Map 6", Yorks. CXCVII (1854 edn.).
537. Kelly's Dir. N. & E.R. Yorks. (1901), 500.
538. Bd. of Educ., List 21 (H.M.S.O., 1908 and later edns.).
539. E.R. Educ. Cttee. Mins. 1930–1, 149; 1935–6, 207.
540. R.D.B., 493/660/474; 512/166/127; E.R. Educ. Cttee. Mins. 1935–6, 168.
541. Above, this section; inf. from the late Mr. R. R. N. Lowe, head teacher 1953–77.
542. R.D.B., 745/408/337; E.R. Educ. Cttee. Mins. 1952–3, 20; 1953–4, 49, 51, 190; 1955–6, 77, 151.
543. Inf. from Educ. Dept., Humbs. C.C., 1990.
544. R.D.B., 967/275/231; E.R. Educ. Cttee. Mins. 1970–1, 143; Hornsea School, 1958–83 (copy in Beverley Pub. Libr.), 5, 7, 12, 14, 16, 19–20, 37.
545. Inf. from Educ. Dept.
547. Inf. from Educ. Dept.
548. Review of Char. Rep. 107.
549. B.I.H.R., Prob. Reg. 34A, ff. 92v.–93v.; 9th Rep. Com. Char. 763.
551. Review of Char. Rep. 106.
552. E.R.A.O., PE/30/2, s.v. 26 Mar. 1731; 9th Rep. Com. Char. 763.
554. 9th Rep. Com. Char. 763.
556. Review of Char. Rep. 106.
557. H.U.L., DDCV/82/4, pp. 227, 286.
558. 9th Rep. Com. Char. 764; cf. H.U.L., DDCV/84/4, p. 315.
559. Review of Char. Rep. 106.
560. E.R.A.O., PE/30/27–8; ibid. accession 1681.
561. Review of Char. Rep. 106.
562. 9th Rep. Com. Char. 763; O.S. Map 1/2,500, Yorks. CXCVII. 3–4 (1891 edn.).
564. Scheme of 1980 (copy supplied by Mr. A. H. Croft, Hornsea, 1990); Review of Char. Rep. 106; above, church.
567. Review of Char. Rep. 106; Scheme of 1980.
568. Review of Char. Rep. 106; Scheme of 1980.
569. Humbs. Dir. of Char. 33.
570. Inf. from Char. Com., Liverpool, 1990.
571. H.U.L., DSJ/43, p. 4.
572. R.D.B., 109/409/387; inf. from secy. to the trustees, 1990.
575. E.R.A.O., CCH/16; inf. from secy. to the trustees, 1990.
576. Inf. from Mrs. T. M. Stockdale, Hull, 1990.
577. Plaque in almsho.; inf. from Dr. J. E. S. Walker, Hornsea, 1997.
578. E.R.A.O., accession 1681; R.D.B., 923/259/218; 924/276/237.
579. Inf. from Char. Com., Liverpool, 1990.
580. V.C.H. Yorks. E.R. i. 343–4.

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NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 5571030; SJCReporter@sjc.state.ma.us SJC-12171 RICHARD ZAGRANSKI vs. COMMONWEALTH. June 27, 2017. Supreme Judicial Court, Superintendence of inferior courts. Practice, Criminal, Capital case. The petitioner, Richard Zagranski, was convicted of murder in the first degree in 1989. We affirmed the conviction. See Commonwealth v. Zagranski, 408 Mass. 278 (1990). In 2012, Zagranski filed a motion for postconviction relief claiming that he received ineffective assistance of trial and appellate counsel and seeking, among other things, an order granting him a new trial, an order vacating his conviction, or an order reducing the degree of the offense. He set forth several bases for the ineffective assistance claim including, as is relevant here, that his counsel had a conflict of interest that impaired counsel's ability to provide effective representation.1 The postconviction motion was denied. Zagranski then filed, in the county court, a petition for leave to appeal pursuant to G. L. c. 278, § 33E, in which he continued to press the conflict of interest argument. A single justice denied the petition, in August, 2013, as well as Zagranski's subsequent motion for reconsideration.2 1 The conflict of interest issue was considered by the trial judge at the time of trial, but the fact that Zagranski did not raise it in his direct appeal did not preclude his raising it in his motion for a new trial where the same counsel represented him both at trial and in the direct appeal. See Commonwealth v. Edgardo, 426 Mass. 48, 49-50 (1997), and cases cited. 2 Zagranski's petition for a writ of certiorari to the United States Supreme Court was also denied. 2 In February, 2016, Zagranski filed a "Petition for Extraordinary Relief Pursuant to [G. L. c.] 211, § 3," in the county court in which he claimed that the transcript of the hearing at which the trial judge considered the conflict of interest issue was not a part of the record that was before this court when it considered his direct appeal. In Zagranski's view, the court was thus not able to fulfil its duty pursuant to G. L. c. 278, § 33E, to review "the whole case" because the court did not have a complete record of the trial court proceedings. A single justice denied the petition on the bases that Zagranski has an adequate alternative remedy -- to seek postconviction relief in the trial court -- and that his petition did not, in any event, raise a "new and substantial" issue that would entitle him to review pursuant to G. L. c. 278, § 33E. Zagranski has appealed from the single justice's denial of his petition; the Commonwealth has moved to dismiss the appeal. A decision of a single justice denying leave to appeal under G. L. c. 278, § 33E, is final and unreviewable, and Zagranski cannot circumvent that by seeking relief pursuant to G. L. c. 211, § 3. See Cook v. Commonwealth, 451 Mass. 1008, 1009 (2008), citing Leaster v. Commonwealth, 385 Mass. 547, 549 (1982). See also Napolitano v. Attorney Gen., 432 Mass. 240, 241 (2000) (gatekeeper decision pursuant to G. L. c. 278, § 33E, cannot be appealed to the full court nor collaterally attacked on the merits through other means). Zagranski nonetheless argues that seeking postconviction relief in the trial court is illogical because what he is asking for is not a new trial or other action in the trial court, but rather a new appeal because, in his view, his direct appeal did not get the "whole case" review to which he is entitled. At its core, however, Zagranski's argument remains one of ineffective assistance of counsel, and that issue should generally first be raised in a motion for postconviction relief in the trial court, so that an adequate record can be developed. Commonwealth v. Zinser, 446 Mass. 807, 810-812 (2006), and cases cited. We do not discount the possibility that he may be entitled to relief, but he should proceed in the first instance in the trial court, not in this court.3 3 We think it worth noting that Zagranski has previously raised the conflict of interest issue in his earlier motion for postconviction relief. It will be incumbent on him to show that his current argument regarding the record is not simply an attempt to make an end-run around the denial of his earlier 3 The single justice did not err or abuse her discretion in denying relief under G. L. c. 211, § 3. Judgment affirmed. The case was submitted on the papers filed, accompanied by a memorandum of law. Richard Zagranski, pro se. Eva M. Badway, Assistant Attorney General, for the Commonwealth. motion and denial of leave to appeal pursuant to G. L. c. 278, § 33E.


text:
JAMES SVENDSEN, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent.
Assailed via Petition for Review on Certiorari is the Court of Appeals Decision1 of November 16, 2006 denying petitioner's appeal from the December 22, 2005 Decision2 of the Regional Trial Court (RTC) of Manila, Branch 14 which affirmed the December 17, 2003 Judgment3 of the Metropolitan Trial Court (MeTC) of Manila, Branch 5, finding James Svendsen (petitioner) guilty of violation of Batas Pambansa Blg. (B.P. Blg.) 22 or the Bouncing Checks Law.
Cristina thus filed a collection suit against petitioner, which was eventually settled when petitioner paid her P200,0005 and issued in her favor an International Exchange Bank check postdated February 2, 1999 (the check) in the amount of P160,000 representing interest.6 The check was co-signed by one Wilhelm Bolton.
That sometime in December 1998 the said accused did then and there willfully, unlawfully, and feloniously and jointly make or draw and issue to CRISTINA C. REYES to apply on account or for value INTERNATIONAL EXCHANGE BANK check no. 0000009118 dated February 2, 1999 payable to CRISTINA REYES in the amount of P160,000.00 said accused well knowing that at the time of issue she/he/they did not have sufficient funds and/or credit with the drawee bank for payment of such check in full upon its presentment, which check after having been deposited in the City of Manila, Philippines, and upon being presented for payment within ninety (90) days from the date thereof was subsequently dishonored by the drawee bank for INSUFFICIENCY OF FUNDS and despite receipt of notice of such dishonor, said accused failed to pay said CRISTINA C. REYES the amount of the check or to make arrangement for full payment of the same within five (5) banking days after receiving said notice.
WHEREFORE, this Court finds accused James Robert Svendson [sic] GUILTY beyond reasonable doubt of a violation of Batas Pambansa Blg. 22 (Bouncing Checks Law) and imposes upon him to pay a fine of ONE HUNDRED SIXTY THOUSAND PESOS (P160,000.00), with subsidiary imprisonment in case of insolvency.
Accused is also made liable to pay private complainant Cristina C. Reyes civil indemnity in the total amount of ONE HUNDRED SIXTY THOUSAND PESOS (P160,000.00) representing his civil obligation covered by subject check.
As priorly stated, the RTC affirmed the MeTC judgment and the Court of Appeals denied petitioner's appeal.
Petitioner argues that the appellate court erred in finding that the first element of violation of B.P. Blg. 22 - the making, drawing, and issuance of any check "to apply on account or for value" - was present, as the obligation to pay interest is void, the same not being in writing and the 10% monthly interest is unconscionable; in holding him civilly liable in the amount of P160,000 to private complainant, notwithstanding the invalidity of the interest stipulation; and in violating his right to due process when it convicted him, notwithstanding the absence of proof of receipt by him of a written notice of dishonor.
SECTION 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment, shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by fine of not less than but not more than double the amount of the check which fine shall in no case exceed Two Hundred Thousand pesos, or both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank. Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such drawer shall be liable under this Act.
Petitioner admits having issued the postdated check to Cristina. The check, however, was dishonored when deposited for payment in Banco de Oro due to DAIF. Hence, the first and the third elements obtain in the case.
[t]he making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facieevidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within five (5) banking days after receiving notice that such check has not been paid by the drawee.
x x x [I]f x x x notice of non-payment by the drawee bank is not sent to the maker or drawer of the bum check, or if there is no proof as to when such notice was received by the drawer, then the presumption of knowledge as provided in Section 2 of B.P. 22 cannot arise, since there would simply be no way of reckoning the crucial five-day period.
x x x In recent cases, we had the occasion to emphasize that not only must there be a written notice of dishonor or demand letters actually received by the drawer of a dishonored check, but there must also be proof of receipt thereof that is properly authenticated, and not mere registered receipt and/or return receipt.
For failure then to prove all the elements of violation of B.P. Blg. 22, petitioner's acquittal is in order.
The decision of the MeTC, which was affirmed on appeal by the RTC and the appellate court, ordering petitioner "to pay private complainant Cristina C. Reyes civil indemnity in the total amount of ONE HUNDRED SIXTY THOUSAND PESOS (P160,000) representing his civil obligation covered by subject check," deserves circumspect examination, however, given that the obligation of petitioner to pay 10% interest per month on the loan is unconscionable and against public policy.
The interest rate of 10% per month agreed upon by the parties in this case being clearly excessive, iniquitous and unconscionable cannot thus be sustained. In Macalalag v. People,23 DiÃ±o v. Jardines,24 and in Cuaton v. Salud,25 this Court, finding the 10% per month interest rate to be unconscionable, reduced it to 12% per annum. And in other cases26 where the interest rates stipulated were even less than that involved herein, the Court equitably reduced them.
Respecting petitioner's claim that since the promissory note incorporating the stipulated 10% interest per month was not presented, there is no written proof thereof, hence, his obligation to pay the same must be void, the same fails. As reflected above, Cristina admitted such stipulation.
In any event, the presentation of the promissory note may be dispensed with in a prosecution for violation of B.P. Blg. 22 as the purpose for the issuance of such check is irrelevant in the determination of the accused's criminal liability. It is for the purpose of determining his civil liability that the document bears significance. Notably, however, Section 24 of the Negotiable Instruments Law provides that "Every negotiable instrument is deemed prima facie to have been issued for a valuable consideration, and every person whose signature appears thereon to have become a party thereto for value." It was incumbent then on petitioner to prove that the check was not for a valuable consideration. This he failed to discharge.
WHEREFORE, the Court of Appeals Decision of November 16, 2006 is REVERSED and SET ASIDE.
Petitioner, James Svendsen, is acquitted of the crime charged for failure of the prosecution to prove his guilt beyond reasonable doubt.
He is, however, ordered to pay private complainant, Cristina C. Reyes, the amount of SIXTEEN THOUSAND PESOS (P16,000) representing civil indemnity, plus 12% interest per annum computed from April 29, 1999 up to the finality of this judgment. After the judgment becomes final and executory until the obligation is satisfied, the total amount due shall earn interest at 12% per annum.
1 Rollo, pp. 108-116. Penned by Associate Justice Estela Perlas-Bernabe and concurred in by Associate Justices Renato Dacudao and Rosmari Carandang.
2 Id. at 45-50. Penned by Judge Cesar M. Solis.
3 Id. at 21-30. Penned by Acting Presiding Judge Ma. Theresa Dolores Gomez-Estoesta.
6 TSN, October 11, 1999, p. 23.
9 MeTC records, p. 2.
11 Arceo, Jr. v. People, G.R. No. 142641, July 17, 2006, 495 SCRA 204, 211; Josef v. People, G.R. No. 146424, November 18, 2005, 475 SCRA 417, 420; Domagsang v. Court of Appeals, 400 Phil. 847, 853 (2000); Lim v. People, 394 Phil. 844, 851-852 (2000).
12 440 Phil. 540 (2002).
14 MeTC records, p. 49.
15 Supra note 12 at 540-555.
16 398 Phil. 481 (2000).
18 1 Reyes, The Revised Penal Code, 15th ed., 2001, p. 875; vide also Ramos v. Gonong, 164 Phil. 557, 563 (1976).
19 TSN, October 11, 1999, p. 20.
20 Solangon v. Salazar, 412 Phil. 816, 822 (2001); Ruiz v. Court of Appeals, G.R. No. 146942, April 22, 2002, 401 SCRA 410, 421.
(7) Those expressly prohibited or declared void by law.
22 Cuaton v. Salud, 465 Phil. 999, 1005 (2004).
23 G.R. No. 164358, December 20, 2006, 511 SCRA 400.
24 G.R. No. 145871, January 31, 2006, 481 SCRA 226.
25 G.R. No. 158382, January 27, 2004, 421 SCRA 278.
26 In Arrofo v. QuiÃ±o (G.R. No. 145794, January 26, 2005, 449 SCRA 284), this Court reduced the 7% interest per month to 18% per annum. In Medel v. Court of Appeals (359 Phil. 820 ), the interest stipulated at 5.5% per month was found unconscionable and was reduced to 12% per annum. In Ruiz v. Court of Appeals (G.R. No. 146942, April 22, 2003, 401 SCRA 410), the interest rate of 3% per month was reduced to 1% per month. In Solangon v. Salazar (412 Phil. 816, ), the stipulated interest rate of 6% per month was reduced to 12% per annum.
27 Cuaton v. Salud, 465 Phil. 999, 1006-1007 (2004) citing Eastern Shipping Lines, Inc. v. Court of Appeals, G.R. No. 97412, July 13, 1994, 234 SCRA 78, 95-97.

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Welcome to the Research Results page of the eCentreClinic.
This page lists some of our published scientific papers about our work and the treatments we have developed. Some of these treatments are now in use at other national and international clinics, such as Australia's national MindSpot Clinic. Please feel free to explore this page and contact us with any questions.
Titov, N., Staples, L., Dear, B. F., Nielssen, O. (In press). A comparison of indigenous and non-indigenous users of MindSpot, a national service for the online assessment and treatment of anxiety and depression. Australasian Psychiatry.
Titov, N., Dear, B. F., Staples, L. G., Bennett-Levy, J., Klein, B., Rapee, R. M., Andersson, G., Purtell, C., Beuidenhout, G., Nielssen, O. B. (2017). The first 30 months of the MindSpot Clinic: Evaluation of a national e-mental health service against project objectives. Australian and New Zealand Journal of Psychiatry, 51, 1227 – 1239.
Lee, Y., Gao, L., Dear, B. F., Titov, N., Mihalopoulos, C. (2017). The cost-effectiveness of the online MindSpot Clinic for the treatment of depression and anxiety in Australia. The Journal of Mental Health Policy and Economics, 20, 155 – 166.
Hadjistavropoulos, H. D., Schneider, L. H., Edmonds, M., Nugent, M. N., Dirkse, D., Dear, B. F., Titov, N. (2017). Randomized controlled trial of transdiagnostic internet-delivered cognitive behaviour therapy comparing standard weekly versus optional weekly therapist support. Journal of Anxiety Disorders, 52, 15 – 24.
Titov, N., Dear, B. F., Staples, L. G., Bennett-Levy, J., Klein, B., Rapee, R. M., Shann, C., Richards, D., Andersson, G., Ritterband, L., Purtell, C., Bezuidenhout, G., Johnston, L., Nielssen, O. B. (2015). MindSpot Clinic: An Accessible, efficient, and effective online treatment service for anxiety and depression. Psychiatric Services, 66, 1043 - 1050.
Kirkpatrick, T., Manoukian, L., Dear, B. F., Johnston, L., & Titov, N. (2013). A feasibility open trial of internet-delivered cognitive-behavioural therapy (iCBT) among consumers of a Non-Governmental Mental Health Organisation with Anxiety. PeerJ, e210.
Titov, N, Dear, B. F., Nielssen, O., Staples, L., Hadjistavropoulos, H. D., Nugent, M., Adlam, K., Nordgreen, T., Bruvik, K. H., Hovland, A., Repal, A., Mathiasen, K., Kraepelien, M., Blom, K., Svanborg, C., Lindefors, N., Kaldo, V. (Submitted). ICBT in routine care: A descriptive analysis of five successful clinics in five countries. Internet Interventions.
Slater, H., Dear, B. F., Merolli, M. A., Li, L. C., Briggs, A. (2016). Use of eHealth technologies to enable implementation of musculoskeletal models of care: The evidence and practice. Best Practice & Research: Clinical Rheumatology, 30, 483-502.
Rapee, R. M., Titov, N., & Dear, B. F. (2015). A research agenda to progress treatment of social anxiety disorder: Commentary on Crome et al., DSM-IV and DSM-5 Social Anxiety Disorder in the Australian Community. Focus: The Journal of Lifelong Learning in Psychiatry, 49, 2920293.
Titov, N., Dear, B. F., Andersson, G. (2014). Internet-delivered psychotherapy for anxiety disorders and depression. Australian and New Zealand Journal of Psychiatry, 49 , 299-308.
Titov, N., Dear, B. F., & Rapee, R. (2013). New horizons for e-mental health research and practice. Australian and New Zealand Journal of Psychiatry, 47, 107-108.
Titov, N., Dear, B. F., Johnston, L., & Terides, M. D. (2012). Transdiagnostic internet treatment for anxiety and depression. Spanish Journal of Clinical Psychology, 17, 237-260.
Titov, N. (2011). Internet-delivered psychotherapy for depression in adults. Current Opinion in Psychiatry, 24, 18-23.
Andrews, G., Cuijpers, P., Craske, M., McEvoy, P., & Titov, N. (2010). Computer therapy for the anxiety and depressive disorders is effective, acceptable and practical health care: A meta-analysis. PLoS ONE, 5: e13196.
Andrews, G., & Titov, N. (2010). Is Internet treatment ready for prime time? Medical Journal of Australia, 192, S45-S47.
Titov, N., Sachdev, P., & Andrews, G. (2010). Computer-delivered cognitive behavioural therapy (CCBT) – Effective and getting ready for dissemination. F1000 Medicine Reports, 2, 49.
Titov, N., Andrews, G., Kemp, A., & Robinson, E. (2010). Characteristics of adults with anxiety or depression treated at an Internet clinic: Comparison with a national survey and an outpatient clinic. PLoS ONE, 5.
Andrews, G., & Titov, N. (2009). Hit and Miss: Innovation and dissemination of evidence based psychological treatments. Behaviour Research and Therapy, 47, 974 - 979.
Titov, N. (2007). The status of computerized cognitive behavioural therapy (CCBT) for adults: A review. Australian and New Zealand Journal of Psychiatry, 41, 95 - 114.
DaPonte, D., Talbot, F., Titov, N., Dear, B. F., Hadjistavropoulos, H. D., Hadjistravropoulos, T., Jbilou, J. (In press). Facilitating the dissemination of iCBT for the treatment of anxiety and depression: A feasibility study. Behaviour change.
Dear, B. F., Staples, L. G., Terides, M. D., Fogliati, V. J., Sheehan, J., Johnston, L., Kayrouz, R., Dear, R., McEvoy, P. M., & Titov, N. (2016). Transdiagnostic versus disorder-specific and clinician-guided versus self-guided internet-delivered treatment for social anxiety disorder and comorbid disorders: A randomized controlled trial. Journal of Anxiety Disorders, 42, 30 - 44.
Fogliati, V. J., Dear, B. F., Staples, L. G., Terides, M. D., Sheehan, J., Johnston, L., Kayrouz, R., Dear, R., McEvoy, P. M., & Titov, N. (2016). Disorder-specific versus transdiagnostic and clinician-guided versus self-guided internet-delivered treatment for panic disorder and comorbid disorders: A randomized controlled trial. Journal of Anxiety Disorders, 39, 88 - 102.
Dear, B. F., Staples, L., Terides, M. D., Karin, E., Zou, J., Johnston, L., Gandy, M., Fogliati, V. J., Wootton, B. M., McEvoy, P. M., & Titov, N. (2015). Transdiagnostic versus disorder-specific and clinician-guided versus self-guided internet-delivered treatment for generalized anxiety disorder and comorbid disorders: A randomized controlled trial. Journal od Anxiety Disorders. 36, 63 - 77.
Titov, N., Dear, B. F., Staples, L., Terides, M. D., Karin, E., Sheehan, J., Johnston, L., Gandy, M., Fogliati, V. J., Wootton, B. M., & McEvoy, P. M. (2015). Disorder-specific versus transdiagnostic and clinician-guided versus self-guided treatment for Major Depressive Disorder and comorbid anxiety disorders: A randomized controlled trial. Journal of Anxiety Disorders. 35, 88 - 102.
Titov, N., Dear, B. F., Johnston, L., McEvoy, P. M., Wootton, B., Terides, M. D., Gandy, M., Fogliati, V., Kayrouz, R. Rapee, R. M. (2014). Improving adherence and clinical outcomes in self-guided internet treatment for anxiety and depression: A 12 month follow-up of a randomised controlled trial. PLoS One, e89591.
Titov, N., Dear, B. F., Johnston, L., Lorian, C., Zou, J., Wootton, B., McEvoy, P. M., Rapee, R. M. (2013). Improving adherence and clinical outcomes in self-guided internet treatment for anxiety and depression: randomised controlled trial. PLoS One, 262873.
Johnston, L., Titov, N., Andrews, G., Dear, B. F., & Spence, J. (2013). Comorbidity and internet-delivered transdiagnostic cognitive behavioural therapy for anxiety disorders. Cognitive Behaviour Therapy, 47, 43 - 61.
Dear, B. F., Titov, N., Schwencke, G., Andews, G., Johnston, L., Craske, M. G., & McEvoy, P. (2011). An open trial of a brief transdiagnostic treatment for anxiety and depression. Behaviour Research and Therapy, 49, 830-837.
Johnston, L., Titov, N., Andrews, G., Spence, J., & Dear, B.F. (2011). A RCT of a transdiagnostic internet-delivered treatment for three anxiety disorders: Examination of support roles and disorder-specific outcomes. PLoS ONE, 6: e28079.
Titov N., Dear B.F., Schwencke G., Andrews G., Johnston L., Craske M., & McEvoy, P. (2011). Transdiagnostic Internet treatment of anxiety and depression: A randomised controlled trial. Behaviour Research and Therapy, 49, 441 - 452.
Titov, N., Andrews, G., Johnston, L., Robinson, E., & Spence, J. (2010). Transdiagnostic Internet treatment for anxiety disorders: A randomized controlled trial. Behaviour Research and Therapy, 48, 890 - 899.
Staples, L. G., Fogliati, V. J., Dear, B. F., Nielssen, O., Titov, N. (2016). Internet-delivered treatment for older adults with anxiety and depression: implementation of the Wellbeing Plus Course in routine clinical care and comparison with research trial outcomes. British Journal of Psychiatry Open, 2, 307 - 313.
Titov, N., Fogliati, V. J., Staples, L., Gandy, M., Johnston, L., Wootton, B., Nielssen, O., Dear, B. F. (2016). Treating anxiety and depression in older adults: A randomised controlled trial comparing guided vs self-guided internet-delivered cognitive behaviour therapy. British Journal of Psychiatry Open, 2, 50 - 58.
Titov, N., Dear, B. F., Ali, S., Zou, J., Lorian, C., Johnston, L., Terides, M. D., Kayrouz, R., Klein, B., Gandy, M., & Fogliati, V. (2015). Clinical and cost-effectiveness of clinician-guided internet-delivered cognitive behaviour therapy program for older adults with symptoms of depression: a randomised controlled trial. Behavior Therapy, 46, 193 - 205.
Dear, B. F., Zou, J., Ali, S., Lorian, C., Johnston, L., Sheehan, J., Staples, L. G., Gandy, M., Fogliati, V., Klein, B., Titov, N. (2015). Clinical and cost-effectiveness of clinician-guided internet-delivered cognitive behaviour therapy program for older adults with symptoms of anxiety: a randomised controlled trial. Behavior Therapy, 46, 206 - 217.
Dear, B. F., Zou, J., Ali, S., Lorian, C., Johnston, L., Terides, M. D., Staples, L. G., Gandy, M., Fogliati, V., Klein, B., Titov, N. (2015). Examining self-guided internet-delivered cognitive behaviour therapy for older adults with symptoms of anxiety and depression: Two feasibility open trials. Internet Interventions, 2, 17 - 23.
Zou, J. B., Dear, B. F., Titov, N., Lorian, C. N., Johnston, L., Spence, J., Knight, R. G., Anderson, T., & Sachdev, P. (2012). Brief internet-delivered cognitive behavioural therapy for anxiety in older adults: A feasibility trial. Journal of Affective Disorders, 26, 650 - 655.
Dear, B. F., Titov, N., Schwencke, G., Andews, G., Johnston, L., Craske, M. G., & McEvoy, P. (2011). An open trial of a brief transdiagnostic treatment for anxiety and depression. Behaviour Research and Therapy, 49, 830 - 837.
Dear, B. F., Foglaiti, V. J., Fogliati, R., Johnson, B., Boyle, O., Karin, E., Gandy, M., Kayrouz, R., Staples, L. G., & Titov, N. (2018). Treating anxiety and depression in young adults: A randomised controlled trial comparing clinician-guided versus self-guided internet-delivered cognitive behaviour therapy. Australian and New Zealand Journal of Psychiatry, 52, 668 – 679.
Mullin, A., Dear, B. F., Karin, E., Wootton, B. W., Johnston, L., Staples, L. G., Gandy, M., Fogliati, V., & Titov, N. (2015). The UniWellbeing Course: Examining a transdiagnostic internet-delivered cognitive behavioural therapy (CBT) program for university students with anxiety and depression. Internet Interventions, 2, 128 - 136.
Johnston, L., Dear, B. F., Gandy, M., Fogliati, V., Kayrouz, R., Sheehan, J., Rapee, R., & Titov, N. (2014). Exploring the efficacy and acceptability of internet-delivered cognitive behavioural therapy for young adults with anxiety and depression: An open trial. Australian and New Zealand Journal of Psychiatry, 48, 819 - 827.
Gandy, M., Karin, E., Jones, M., McDonald, S., Sharpe, L., Titov, N., Dear, B. F. (In press). The Pain Course: Exploring psychological mechanisms of clinical response to an internet-delivered pain management program. European Journal of Pain.
Dear, B. F., Gandy, M., Karin, E., Fogliati, R., Fogliati, V. J., Staples, L. G., Wootton, B. M., Sharpe, L., Titov, N. (in Press). The Pain Course: 12 and 24 month outcomes from a randomised controlled trial of an internet-delivered pain management program provided with different levels of clinician support. Journal of Pain.
Hadjistravropoulos, H. D., Schneider, L. H., Hadjistavropoulos, T., Titov, N., Dear, B. F. (2018). Effectiveness acceptability and feasibility of an Internet delivered cognitive behavioral pain management program in a routine online therapy clinic. Canadian Journal of Pain, 2, 62 – 73.
Dear, B. F., Gandy, M., Karin, E., Ricciardi, T., Fogliati, V. J., McDonald, S., Staples, L. G., Nicholson Perry, K., Sharpe, L., Nicholas, M. K., Titov, N. (2017). The Pain Course: A randomised controlled trial comparing a remotely-delivered chronic pain management program when provided in online and workbook formats. Pain, 158, 1289 – 1301.
Friesen, L. N., Hadjistavropoulos, H. D., Alberts, N. M., Schneider, L. H., Titov, N., & Dear, B. F. (2017). Examination of an Internet-Delivered Cognitive Behavioural Pain Management Course for Adults with Fibromyalgia: A Randomized Controlled Trial. Pain, 158, 593 – 604.
Dear, B. F., Gandy, M., Karin, E., Ricciardi, T., Langman, N., Staples, L. G., Fogliati, V. J., Sharpe, L., McLellan, L. F., & Titov, N. (2016). The Pain Course: Exploring predictors of clinical response to an internet-delivered pain management program. Pain, 157, 2257 - 2268.
Gandy, M., Terides, M. D., Johnston, L., Fogliati, V., Perry, K. N., Newall, C., Titov, N., & Dear, B. F. (2016). Short Message Service (SMS) prompts for skills practice in internet-delivered cognitive behaviour therapy – are they feasible and effective? The European Journal of Pain, 20, 1388 - 1298.
Dear, B. F., Gandy, M., Karin, E., Staples, L. G., Fogliati, V. J., Johnston, L., Wootton, B. M., Terides, M. D., Kayrouz, R., Perry, K. N., Sharpe, L., Nicholas, M. K., Titov, N. (2015). The pain course: A randomised controlled trial examining an internet-delivered pain management program when provided with different levels of clinician support. Pain, 156, 1920 - 1935.
Dear, B. F., Titov, N., Nicholson Perry, K., Johnston, L., Wootton, B. M., Terides, M. D., Rapee, R. M., & Hudson, J. L. (2013). The Pain Course: A randomised controlled trial of clinician-guided internet-delivered cognitive behaviour therapy program for managing chronic pain and emotional wellbeing. Pain, 154, 942 - 950.
Dear, B. F., Foglaiti, V. J., Fogliati, R., Gandy, M., Karin, E., Talley, N., Holtmann, G., Titov, N., Jones, M. (2018). Transdiagnostic internet-delivered cognitive-behaviour therapy (CBT) for adults with functional gastrointestinal disorders (FGID): A feasibility open trial. Journal of Psychosomatic Research, 108, 61 - 69.
Chan, R., Dear, B. F., Titov, N., Chow, J., & Suranyi, M. (2016). Examining internet-delivered cognitive behaviour therapy for patients with chronic kidney disease on haemodialysis: A feasibility open trial. Journal of Psychosomatic Research, 89, 78 - 84.
Gandy, M., Karin, E., Fogliati, V. J., McDonald, S., Titov, N., Dear, B. F. (2016). A feasibility trial of an internet-delivered and transdiagnostic treatment program for anxiety, depression and disability among adults with epilepsy. Epilepsia, 57, 1887 - 1896.
Alberts, N. M., Hadjistavropoulos, H. D., Dear, B. F., & Titov, N. (2017). Internet-delivered cognitive behaviour therapy for recent cancer survivors: A feasibility trial. Psycho-Oncology, 26,137-139.
Wootton, B. W., Dear, B. F., Terides, M., Johnston, L., & Titov, N., (2015). Self-guided internet-delivered cognitive behaviour therapy (iCBT) for Obsessive Compulsive Disorder: 12 month follow-up. Internet Interventions, 2, 243 - 247.
Wootton, B. M., Dear, B. F., Johnston, L., Terides, M. D., Titov, N. (2013). Self-guided internet-delivered treatment for obsessive-compulsive disorder: Results from two open trials. Journal of Obsessive-Compulsive and Related Disorders, 3, 102 - 108.
Wootton, B., Dear, B.F., Johnston, L., Terides, M. D., & Titov, N. (2013). Remote treatment of obsessive-compulsive disorder: A randomised controlled trial. Journal of Obsessive-Compulsive and Related Disorders, 2, 375 - 384.
Wootton, B. M., Titov, N., Dear, B. F., Spence, J., Andrews, G., Johnston, L., & Solley, K. (2011). An Internet administered treatment program for obsessive-compulsive disorder: A feasibility study. Journal of Anxiety Disorders, 25, 1102 - 1107.
Wootton, B. M., Titov, N., Dear, B. F., Spence, J., & Kemp, A. (2011). The acceptability of Internet-based treatment and characteristics of an adult sample with obsessive compulsive disorder. PLoS One, 6, e20548.
Wootton, B. M., & Titov, N. (2010). Distance treatment of obsessive compulsive disorder. Behaviour Change, 27, 112 - 118.
Spence, J., Titov, N., Johnston, L., Jones, M. P., Dear, B. F., Solley, K. (2013). Internet-based trauma-focussed cognitive behavioural therapy for PTSD with and without exposure components: A randomised controlled trial. Journal of Affective Disorders, 162, 73-80.
Spence, J., Titov, N., Johnston, L., Dear, B. F., Wootton, B., Terides, M., & Zou, J. (2013). Internet-delivered eye movement desensitization and reprocessing (iEMDR): an open trial. F1000 Research, 2, 79.
Spence, J., Titov, N., Dear, B.F., Johnston, L., Solley, K., Lorian, C., Wootton, B., Zou, J., & Schwenke, G. (2011). A randomized controlled trial of Internet-based cognitive behavioural therapy for posttraumatic stress disorder. Depression and Anxiety, 28, 541-550.
Spence, J., Titov, N., Solley, K., Dear, B. F., Johnston, L., Wootton, B., Kemp, A., Andrews, G., Zou, J., Lorian, C., & Choi, I. (2011). Characteristics and treatment preferences of people with symptoms of posttraumatic stresss disorder: An internet survey. PLoS One, 6, e21864.
Andrews, G., Davies, M., & Titov, N. (2011). An effectiveness randomized controlled trial of face to face versus internet cognitive behaviour therapy for social phobia. Australian and New Zealand Journal of Psychiatry, 45, 337 - 340.
Wiersma, J.E., Titov, N., Van Schaik, D.J.F., Van Oppen, P., Beekman, A.T.F., Cuijpers, P., Andrews, G. (2011). Treating chronic symptoms of depression in the Virtual Clinic. Findings of chronicity of depression in patients treating with Internet-based computerized cognitive behaviour therapy for depression. The Journal of Psychotherapy and Psychosomatics, 80, 313 - 315.
Robinson, E., Titov, N., Andrews, G., McIntyre, K., Schwencke, G., & Solley, K. (2010). Internet treatment for generalized anxiety disorder: A randomized controlled trial comparing clinician vs. technician assistance. PLoS ONE, 5, e10942.
Titov, N., Andrews, G., Davies, M., McIntyre, K., Robinson, E., & Solley, K. (2010). Internet treatment for depression: A randomized controlled trial comparing clinician vs. technician assistance. PLoS ONE, 5, e10939.
Titov, N., Andrews, G., Schwencke, G., Robinson, E., Peters, L., & Spence, J. (2010). An RCT of Internet CBT for social phobia with and without motivational enhancement strategies. Australian and New Zealand Journal of Psychiatry, 44, 938 - 945.
Wims, E., Titov, N., Andrews, G., & Choi, I. (2010). Clinician-assisted Internet-based treatment is effective for panic: A randomized controlled trial. Australian and New Zealand Journal of Psychiatry, 44, 599 - 607.
Perini, S., Titov, N., & Andrews, G. (2009). Clinician-assisted Internet-based treatment is effective for depression: A randomized controlled trial. Australian and New Zealand Journal of Psychiatry, 43, 571 - 578.
Titov, N., Andrews, G., Robinson, E., Schwencke, G., Johnston, L., Solley, K., & Choi, I. (2009). Clinician-assisted internet treatment is effective for generalized anxiety disorder: randomized controlled trial. Australian and New Zealand Journal of Psychiatry, 43, 905-912.
Titov, N., Gibson, M., Andrews, G., & McEvoy, P. (2009). Internet treatment for social phobia reduces comorbidity. Australian and New Zealand Journal of Psychiatry, 43, 754 – 759.
Titov, N., Andrews, G., Schwencke, G., Solley, K., Johnston, L., & Robinson, E. (2009). An RCT comparing effect of two types of support on severity of symptoms for people completing Internet-based cognitive behaviour therapy for social phobia. Australian and New Zealand Journal of Psychiatry, 43, 920 - 926.
Titov, N., Andrews, G., Choi, I., Schwencke, G., & Johnston, L. (2009). Randomized controlled trial of web-based treatment of social phobia without clinician guidance. Australian and New Zealand Journal of Psychiatry, 43, 913 - 919.
Titov, N., Andrews, G., Johnston, L., Schwencke, G., & Choi, I. (2009). The Shyness Program: Longer Term Benefits, Cost-Effectiveness, and Acceptability. Australian & New Zealand Journal of Psychiatry, 43, 36 - 44.
Aydos, L. R., Titov, N., & Andrews, G. (2009). Shyness 5: The clinical effectiveness of Internet-based clinician-assisted treatment of social phobia. Australasian Psychiatry, 17, 488 - 492.
Perini, S., Titov, N., & Andrews, G. (2008). The Climate Sadness program: an open trial of Internet-based treatment for depression. Electronic Journal of Applied Psychology, 4.
Titov, N., Andrews, G., Choi, I., Schwencke, G., & Mahoney, A. (2008). Shyness 3: An RCT of guided vs unguided internet based CBT for social phobia. Australian & New Zealand Journal of Psychiatry, 42, 1030 - 1040.
Titov, N., Andrews, G., & Schwencke, G. (2008). Shyness 2: Treating social phobia online: replication and extension. Australian and New Zealand Journal of Psychiatry, 42, 595 - 605.
Titov, N., Andrews, G., Schwencke, G., Drobny, J., & Einstein, D. (2008). Shyness 1: Distance treatment for social over the Internet. A randomized controlled trial. Australian & New Zealand Journal of Psychiatry, 42, 585 - 594.
Kayrouz, R., Dear, B. F., Kayrouz, B., Karin, E., Gandy, M., Titov, N. (2018). Meta-Analysis of the Efficacy and Acceptability of Cognitive-Behavioural Therapy for Arab Adult Populations Experiencing Anxiety, Depression or Posttraumatic Stress Disorder. Cognitive Behaviour Therapy, 47, 412 – 430.
Kayrouz, R., Dear, B. F., Karin, E., Fogliati, V. F., Gandy, M., Keyrouz, L., Nehme, E., Terides, M. D., Titov, N. (2018). Acceptability of mental health services for anxiety and depression in an Arab sample. Community Mental Health Journal, 54, 875 – 883.
Kayrouz, R., Dear, B. F., Karin, E., Gandy, M., Fogliati, V. J., Terides, M. D., & Titov, N. (2016). A pilot study of self-guided internet-delivered cognitive behavioural therapy for anxiety and depression among Arabs. Internet Interventions, 3, 18 - 24.
Kayrouz, R., Dear, B. F., Karin, E., & Titov, N. (2016). Facebook as an effective recruitment strategy for mental health research of hard to reach populations. Internet Interventions, 4, 1 - 10.
Kayrouz, R., Dear, B. F., Johnson, L., Gandy, M., Fogliati, V., Sheehan, J., & Titov, N. (2015). A feasibility open trial of self-guided internet-delivered Cognitive Behavioural Therapy for anxiety and depression among Arabs. Internet Interventions, 2, 1, 32 - 38.
Kayrouz, R., Dear, B. F., Johnston, L., Keyrouz, L., Nehme, E., Laube, R., & Titov, N. (2014). Intergenerational and cross-cultural differences in emotional wellbeing, mental health service utilisation, treatment seeking preferences and acceptability of psychological treatments for Arab Australians. International Journal of Social Psychiatry, 61(5), 484 - 491.
Lui, S. H., Dear, B. F., Johnston, L., Wootton, B., & Titov, N. (2014). An internet survey of emotional health, treatment-seeking and barriers to accessing mental health treatment among Chinese-speaking international students in Australia. Counselling Psychology Quarterly, 27 , 96 – 108.
Choi, I., Zou, J., Titov, N., Hunt, C., Dear, B. F., Johnston, L., & Andrews, G. (2012). Culturally attuned internet treatment of depression for Chinese Australians: a randomised controlled trial. Journal of Affective Disorders, 136, 459 - 468.
Gandy, M., Karin, E., Titov, N., Dear, B. F. (In press). The mental health and wellbeing of Australian adults with Neurological Disorders: An internet survey of help-seeking and perceived barriers to treatment for emotional and cognitive difficulties. Rehabilitation Psychology.
Karin, E., Dear, B. F., Heller, G. Z., Crane, M. F., Titov, N. (2018). ‘Wish you were here’: Examining characteristics, outcomes, and statistical solutions for missing cases in web-based psychotherapeutic trials. JMIR Mental Health, 5, e22.
Edmonds, M., Hadjistavropoulos, H. D., Schneider, L. H., Dear, B. F., Titov, N. (2018). Who benefits most from therapist-assisted internet-delivered cognitive behaviour therapy in clinical practice? Predictors of symptom change and dropout. Journal of Anxiety Disorders, 54, 24 – 32.
Tapp, B., Gandy, M., Fogliati, V. F., Karin, E., Fogliati, R.J., Newall, C., Titov, N., & Dear, B. F. (2018). Psychological distress, help-seeking, and perceived barriers to psychological treatment among Australian Parents. Australian Journal of Psychology, 70, 113 – 121.
Edmonds, M., Hadjistavropoulos, H. D., Schneider, L. H., Dear, B. F., Titov, N. (2018). Who benefits most from therapist-assisted internet-delivered cognitive behaviour therapy in clinical practice? Predictors of symptom change and dropout. Journal of Anxiety Disorders, 54, 24 - 32.
Alberts, N. M., Hadjistavropoulos, H. D., Titov, N., Dear, B. F. (2018). Patient and provider perceptions of internet-delivered cognitive-behaviour therapy for recent cancer survivors: A qualitative perspective. Supportive Care in Cancer, 26, 597 - 603.
Terides, M. D., Dear, B. F., Foglaiti, V. J., Gandy, M., Karin, E., Jones, M. P., & Titov N. (2018). Increased skills usage statistically mediates symptom reduction in self-guided internet-delivered cognitive-behavioural therapy for depression and anxiety: a randomised controlled trial. Cognitive Behaviour Therapy, 47, 43 – 61.
Hadjiostavropoulos, H. D., Soucy, J. N., Owens, V. A. M., Dirkse, D. A., Dear, B. F., Titov, N. (2016). Educating patients about Internet-delivered cognitive behaviour therapy: Perceptions among treatment seekers and non-treatment seekers before and after viewing an educational video. Internet Interventions, 6, 57 - 63.
Anderson, T., Sunderland, M., Andews, G., Titov, N., Dear, B. F., & Sachdev, P. (2013). The 10-item Kessler Psychological Distress measure (K10) as a screening instrument in older individuals. American Journal of Geriatric Psychiatry, 21, 596 - 606.
Titov, N., Dear, B. F., McMillan, D., Anderson, T., & Zou, J. (2011). Psychometric comparison of the PHQ-9 and BDI-II for measuring response during internet treatment of depression. Cognitive Behaviour Therapy, 40, 126-136.
Dear, B. F., Titov, N., Sunderland, M., McMillan, D., Anderson, T., Lorian, C. & Robinson, E. (2011). Psychometric Comparison of the GAD-7 and the PSWQ for Measure Response During Treatment of Generalised Anxiety Disorder. Cognitive Behaviour Therapy, 40, 216-227.

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