Since everyone has received out cards this year... I should have ordered more than I did, I thought I'd share it here with our bloggy friends.
I loved where we took it this year and my sister did a great job of taking the pics, in case you're wondering it's at the Elizabeth Academy on the Natchez Trace.
I took screen shots from Minted, so the quality isn't that great.
I went with post cards this year and was so glad I did. The paper quality from Minted was great and it saved money not having to buy more expensive stamps.
Considering I did post cards for our Save-the-Dates years ago, I loved the idea of doing them again.


text:
Q: Docker library/base not found? I'm new to docker then I tried this command to pull 'docker pull base' but an error of FATA[0008] Error: image library/base:latest not found
anyone knows this problem?

A: The image "library/ubuntu/" mentions:

General use Ubuntu base image.
  Tags available are "latest" (equivalent to the tags "precise" and "12.04"), "saucy" ("13.10"), "raring" ("13.04"), "quantel" ("12.10"), and "lucid" ("10.04").
  The "latest" tag is equivalent to the most recent Long Term Support (LTS) release of Ubuntu.
This image replaces the deprecated "base" image.

So if you were trying to pull the latest ubuntu image, a git pull ubuntu:latest should work.

redpajama_set_name: RedPajamaStackExchange


text:
Euro 2020 Final: Foden misses training ahead of Italy vs England
The 21-year-old midfielder has been impressive in his three appearances in EURO 2020 thus far.
London 10 July, 2021 18:37 IST
Phil Foden was the only player to miss England training as a precaution due to a minor injury ahead of Sunday's Euro final vs Italy at Wembley. - REUTERS
England midfielder Phil Foden did not take part in Saturday's team training session ahead of the side's European Championship final against Italy as a precaution due to a minor injury.
The 21-year-old has impressed in his three European Championship appearances so far, starting England's opening group games against Croatia and Scotland, and coming on as a substitute in the 2-1 semifinal win over Denmark on Wednesday.
READ | EURO 2020: England fined 30,000 euros for use of laser pointer, booing Denmark anthem
England wrote on Twitter: "25 players are out at training this morning as the Three Lions get ready for Italy, with Phil Foden sitting out due to a minor knock."
Manager Gareth Southgate has no shortage of options on the right side of England's attack where Foden usually plays, with several players competing for the spot including Bukayo Saka and Jadon Sancho.
England takes on Roberto Mancini's Italy at Wembley on Sunday, looking to win its first major trophy since the World Cup in 1966.
Visit our Euro 2020 microsite for more stories.

redpajama_set_name: RedPajamaCommonCrawl


text:
Un tableau blanc est un outil d'écriture destiné à soutenir (textuellement ou visuellement) un discours, à l'aide de feutres effaçables. Il est abondamment utilisé dans les milieux scolaires, universitaires et les formations en ligne.

Par antonomase, on parle parfois de tableau Velleda d'après la marque de l'entreprise Bic.

Utilisation
Cet outil est souvent utilisé dans les milieux scolaires pour extraire, schématiser ou simplifier les parties substantielles d'un cours, ou bien lors des réunions de travail, dans l'optique de réaliser des schémas d'activités ou des plans.

Son utilisation requiert l'usage des feutres effaçables, disponibles en plusieurs couleurs (noir, rouge, vert, bleu...).

L'effaçage peut s'effectuer avec un chiffon sec, un tampon effaceur ou une brosse magnétique munie d'aimants permettant de se fixer sur le tableau après utilisation.

Erreurs d'utilisation
Certains utilisateurs peuvent confondre les feutres effaçables avec des feutres permanents (ou indélébiles), utilisés sur des tableaux aux feuilles de papier blanc, ces derniers ayant généralement les mêmes couleurs et apparences.

Il devient alors plus difficile d'effacer les traces, mais la surface plastifiée du tableau blanc rend tout de même cette opération possible avec l'utilisation d'un produit adéquat (alcool à brûler). Il est également possible d'enlever les traces de marqueur permanent en repassant directement sur les traces avec un marqueur effaçable. Étant donné qu'il contient de l'alcool, la trace s'effacera facilement.

Variantes
Bien qu'il puisse être lui-même considéré comme une variante, voire une évolution du tableau noir, il en existe plusieurs versions :

 Ardoise effaçable (tableau de petit format, proche du standard A4)
Cette version est généralement fournie avec un feutre effaçable (voire plusieurs) et un outil destiné à effacer les caractères écrits par l'utilisateur (correctable/effacette).
Elle est utilisée par un grand nombre d'élèves ou d'auditeurs dans l'optique de répondre à une question ou une problématique posée ou pour schématiser des informations importantes dans différents domaines.
Des modèles existent avec des carreaux sur la surface blanche, permettant d'écrire sur des lignes.

 Ardoise magique
Utilisée surtout par les jeunes enfants, elle permet de s'initier rapidement à l'apprentissage de manière ludique. Il existe également des ardoises numériques.

Tableau blanc électronique (TBI)

En informatique, on parle également de tableau blanc pour une image pouvant être partagée et modifiée interactivement par plusieurs personnes simultanément via le réseau. De nombreuses messageries instantanées comportent des tableaux blancs. Elles sont parfois couplées avec de la voix sur ip, comme c'est le cas pour Coccinella.

 Coccinella est une messagerie instantanée libre utilisant le protocole Jabber et basée sur un tableau blanc vectoriel.
 Inkscape, un logiciel de dessin vectoriel, propose un tableau blanc (encore expérimental) anciennement appelé Inkboard (en référence à Inkscape et whiteboard), et maintenant renommé Pedro, utilisant également le protocole Jabber.

Voir aussi

Articles connexes
 Tableau blanc interactif
 Tableau noir

Liens externes
  Coccinella
  Inkscape

Matériel de peinture
Matériel d'écriture

redpajama_set_name: RedPajamaWikipedia


Volney Beckner7 Whitney (John6, Benjamin5, Daniel4, Henry3, John2, Henry1), son of John6, was born 16 Jul 1811, Romulus, NY, and died 18 Sep 1864, Adams, MI, where he was buried in Evergreen Cemetery.
He married, 2 Jan 1848, Adams, MI, Fanny Melissa Austin, daughter of George Washington and Zaidee (Munger) Austin. She was born 4 Apr 1825, Locke, NY, and died after Jan 1875. She married secondly, before 1880, John Lee, of Wheatland, MI.
". . . a farmer; . . . . They settled in Adrian, Mich.; and, in June 1864, moved to Adams, where he died 18 Sept. 1864, and was buried in Evergreen Cemetery. She was still living there in Jan. 1875."
i. Mary Eveline8 Whitney, b. 25 Jan 1849, Adrian, MI; d. 27 Sep 1864, Adams, MI, where she was buried in Evergreen Cemetery.
ii. Emma Augusta Whitney, b. 15 Oct 1850, Adrian, MI; m. 22 Dec 1870, Adams, MI, Lemuel Wheaton, son of William and Harriet Newell (Beach) Wheaton, of Adams; b. 3 May 1845, Lodi, MI; a carpenter and farmer. They settled, 8 Nov 1871, at Chester, MI, and were living there in June 1875.
iii. Ellen Whitney, b. 9 Nov 1852, Adrian, MI; died 2 Dec 1852, Adrian, MI, where she was buried in Adrian Centre Cemetery.
iv. John Mason Whitney, b. 11 Nov 1853, Adrian, MI; died 27 Nov 1853, Adrian, MI, where he was buried in Adrian Centre Cemetery.
v. Ida Adelia Whitney, b. 7 May 1855, Adrian, MI; was living with her mother, at Osseo, MI, in Jan 1875.
vi. Jane Whitney, b. 10 Jul 1857, Adrian, MI; d. 9 Nov 1857, Adrian, MI, where he was buried in Adrian Centre Cemetery.
vii. Edward Everett Whitney, b. 5 Sep 1859, Adrian, MI; drowned 13 Aug 1874, Adams, MI, where he was buried in Evergreen Cemetery.
viii. Esther Amelia Whitney, b. 26 Jul 1861, Adrian, MI; was living with her mother, at Osseo, MI, in Jan 1875.
ix. Charles Whitney, b. 12 Nov 1863, Adrian, MI; was living with his mother, at Osseo, MI, in Jan 1875, the only male descendant of his grandfather, bearing the name of Whitney.
946 954 Volney B. Whitney 39 M - Farmer $1600 N.Y. Fanny " 25 F - " Mary " 1 F - Mich.
143 143 Volney B. Whitney 29 M - Farmer $3200 $435 N.Y. Fanny M. " 35 F - " Mary " 12 F - Mich. Attended school Emma " 9 F - " Attended school Ida " 5 F - " Attended school Edward " 1 M - " 144 144 Daniel Whitney 52 M - Farmer $3200 $640 N.Y. Louisa L. " 45 F - " Alice Glover 9 F - Mich. David A. Turrill 28 M - Farm laborer $250 Pa. Mary " 28 F - N.J. Milton " 2 F - Mich. Elizabeth Burgess 67 F - $2500 $300 N.J. James Smith 29 M - Farm laborer N.Y.
All data imported from Stephen Whitney Phoenix, The Whitney family of Connecticut, and its affiliations; being an attempt to trace the descendants, as well in the female as the male lines, of Henry Whitney, from 1649 to 1878; to which is prefixed some account of the Whitneys of England. (New York : Priv. Print. [Bradford Press] 1878), p. 496 and p. 1173-1174.
This page was last modified on 5 December 2013, at 13:51.


Currently it is showing 12 hours format and i want 24 hours format.. Hi, I have copied these codes in my android project. Hi Anupam: Good Tutorial, I have the following question, I have an application where I want me to be the administrator of the calendar in which users enter and to request an appointment, but only I can accept and you get a message to users if it was or not accepted the appointment. I appreciate all your help and support. Comment Policy: Please submit comments to add value to the post. Comments like "Thank You" and "Awesome Post" will be not published.
Your email address will not be published. Leave this field empty. I would love to connect with you personally. You are here: He loves learning new stuff in Android and iOS. Shoot him queries. Comments Thankyou I easily understad.
Awesome Work Man. Thanks for such great tutorials. Finally i find this!!! Thanks a lot. You can directly click on the year and choose your required year. I want to set the am and pm in the Timepicker field. Hey, Thank You!
Its really helpful. Hi, To display previous dates, add this line of code: Hi, Change the last parameter is24hourView from false to true as shown below. This method is used to set the first day of the week. This method is used to get the first day of week. This method returns an int type value.
This method returns long type value for maximal date supported by this CalendarView. Below we firstly set the long value for the maximal date and then get the maximal value supported by the CalendarView. This method returns long type value for minimal date supported by this CalendarView. Below we firstly set the long value for the minimal date and then get the minimal value supported by the CalendarView. This method is used to show or hide the week number of CalendarView.
In this method we set Boolean type value means true or false. This method is used to check whether the week number are shown or not. This method returns Boolean type value means true or false. True indicates week numbers are shown and false indicates week numbers are currently hidden. This method is used to get the drawable i.
Below we get the applied drawable for the vertical bar shown at the beginning and at the end of the selected date. This method is used to set the drawable for the vertical bar shown at the beginning and at the end of the selected date. Below we set the drawable for the vertical bar shown at the beginning and at the end of the selected date. This method is used to set the color for the vertical bar shown at the beginning and at the end of the selected date.
This method is used to set the color in the background of selected week of CalendarView. This method is used to get the background color of selected week of CalendarView. This method is used to get the color of week numbers. This method is used to set the color for the week numbers. This method is used to set the color for the week separator line. This method is used to get the color of week separator line. This method is used to set the color for the dates of an unfocused month.
This method is used to get the color for the dates of an unfocused month. This method returns int type value.
This method is used to set the color for the dates of an focused month. This method is used to get the color for the dates of an focused month.
15 thoughts on "Calendar View Tutorial With Example In Android Studio"!
Android Calendar View for Date Picker - Stack Overflow?
Calendar View Tutorial With Example In Android Studio!
This method is used to set the listener to be notified upon selected date change. This attributes is used to set the first day of week according to Calendar. This attribute is used to set the color for the dates of the focused month. We can also set this programmatically means in java class using setFocusedMonthDateColor int color method. This attribute is used to set the color for the dates of the unfocused month.
link download ios 6 beta 3.
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We can also set this programmatically means in java class using setUnfocusedMonthDateColor int color method. This attribute is used to set the maximal date supported by this CalendarView. We can also set this programmatically means in java class using setMaxDate long maxDate. This attribute is used to set the minimal date supported by this CalendarView. We can also set this programmatically means in java class using setMinDate long minDate. Below we set the black color for the vertical bar shown at the beginning and at the end of the selected date.
This attribute is used to set the color in the background of selected week of CalendarView. We can also set this programmatically in java class using setSelectedWeekBackgroundColor int color method.
In Android, DatePicker is a widget used to select a date. It allows to If we need to show this view as a dialog then we have to use a DatePickerDialog class. This attribute is used to set the Date Picker in mode either spinner or calendar.


text:
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> AIG Europe Ltd v Oc320301 LLP & Ors [2016] EWCA Civ 367 (14 April 2016)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2016/367.html
Cite as: [2016] Lloyd's Rep IR 289, [2016] EWCA Civ 367, [2017] 1 All ER 143, [2016] 2 All ER (Comm) 1058
[New search] [Context ] [View without highlighting] [Printable RTF version] [Help]
Neutral Citation Number: [2016] EWCA Civ 367
Case No: A3/2015/3082
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
COMMERCIAL COURT
THE HONOURABLE MR JUSTICE TEARE
Strand, London, WC2A 2LL
B e f o r e :
THE RIGHT HONOURABLE LORD JUSTICE LONGMORE
THE RIGHT HONOURABLE LORD JUSTICE KITCHIN
THE RIGHT HONOURABLE LORD JUSTICE VOS
Between:
AIG EUROPE LIMITED
Appellant
OC320301 LLP (formerly THE INTERNATIONAL LAW PARTNERSHIP LLP)
STEPHEN JOHN HOWELL
JANINE ELSPETH HOWELL
PETER GERARD JASON ESDERS
RICHARD MARCUS WOODMAN
ROYDS TRUSTEE COMPANY LIMITED (as trustees of the HOWELL PENINSULA PROTECTION TRUST and the MIDAS MARRAKECH TRUST and as representatives of the Beneficiaries)
-and-
THE LAW SOCIETY OF ENGLAND AND WALES (acting in its regulatory capacity as the Solicitors Regulatory Authority)
Intervener
Mr John Lockey QC & Mr Ben Lynch & Mr Peter Morcos (instructed by Mayer Brown) for the Appellant
Mr Tom Leech QC & Mr Edward Risso-Gill (instructed by Royds LLP) for the 5th & 6th Respondents
Mr David Edwards QC & Mr Tim Jenns (instructed by Russell-Cooke) for the Intervener
Hearing dates: 21st & 22nd March 2016
HTML VERSION OF JUDGMENT
Crown Copyright ©
Lord Justice Longmore:
This is the judgment of the court.
This appeal turns on the true construction of an aggregation clause contained in an insurance policy applicable to all solicitors' indemnity policies pursuant to the requirement in the Solicitors' Act 1974 for compulsory liability insurance for solicitors and the Minimum Terms and Conditions ("MTC") required to be incorporated into such polices.
The claimant is AIG Europe Limited (" AIG"), a multinational insurance corporation. The first respondent is a solicitors' firm which from 1st September 2006 until it was dissolved in 2010 was called The International Law Partnership LLP ("ILP"). It was subsequently restored to the Register of Companies for the purpose of meeting claims brought against it ("the Underlying Claims"). The second and fourth respondents, Mr John Howell and Mr Peter Esders, were two of the firms' partners and the third respondent, Mrs Janine Howell, was an employee at the firm and Mr Howell's wife. The fifth and sixth respondents are the trustees of the trusts that are subject to the Underlying Claims and were appointed in place of the second, third and fourth respondents by a deed of appointment dated 24th February 2010. The first to fourth respondents have played a limited role in the matter and were unrepresented below. Although the fifth and sixth respondents are not parties to the insurance policy written by AIG, they are the principal opponents to the declaratory relief sought by AIG.
The Underlying Claims
ILP specialised in international legal work. In late 2004, when the solicitors' firm was called John Howell & Co, it was engaged by a UK property development company, Midas International Property Development Plc ("Midas"), to assist with its intention of building holiday resorts in a number of foreign locations, which included for present purposes Peninsula Village, near Izmir, in Turkey and Al Johara near Marrakech in Morocco. In particular, Midas sought "seed corn" capital in order to finance the development of the projects. ILP were engaged to devise a mechanism whereby Midas could solicit investments in the developments (either by way of loans bearing interest at attractive rates or by way of direct purchase of holiday homes) and those investments could then be held on some form of security for the investors. ILP devised a scheme whereby the investment funds were held in an escrow with ILP as the escrow agents who received the funds. A Deed of Trust was also granted in favour of the investors as beneficiaries, holding security over the land to be purchased. There was one trust for Peninsula Village and another trust for Al Johara. ILP were not to release the funds from the escrow to the local Midas developer until the value of the security held in the trust was at least the same as the total amount of the investments to be protected ("the Cover Test"). Once the Cover Test was met ILP was entitled to release monies from the escrow account for the purchase of a holiday home or for the purpose of generally financing the development.
Between April 2006 and August 2009 Midas was successful in attracting investors to the developments, including 214 investors who now claim to have lost their investment. On 30th April 2007 the local Midas company in Turkey signed an agreement for the purchase of development land in Peninsula Village at a price of €6.4 million. In or about November 2007, Midas agreed to purchase a Moroccan-based company, Les Kasbahs du Sud ("Kasbah") which owned a large area of land near Marrakech for €13million. On various occasions ILP authorised the payment of monies including from the Marrakech escrow on dates between November 2007 and February 2008 and from the Peninsula Village escrow in October 2008. However, the local Midas companies were unable to complete the contract for the purchase of the land in Turkey or for the land-owning company in Morocco which in turn led to the failure of the two developments.
There is a dispute about the reasons for these failures. It is said that, although Midas or ILP established some sort of security in respect of the Peninsula Village, it was always subject to what was called a "usufruct" in favour of the vendors. Likewise the security established over the shares in Kasbah was only over a minority shareholding and was in any event subject to prior pledges in favour of other shareholders. The failures are also said to have arisen because the FSA in England prohibited Midas and its subsidiaries in May 2008 from receiving any further investment in relation to the developments. By November 2009 Midas had entered liquidation, and it was found that all the invested monies held in the escrow accounts had been paid out.
The 214 investors brought what have been called their Underlying Claims in the Chancery Division (one claim in relation to each trust) on 20th August 2013 and 19th September 2013 respectively. There is a prospective trial window of 1st February to 30th April 2017. In each action the case of the 214 investors is (inter alia) that ILP failed to apply the Cover Test properly when electing to release the investment funds from the escrow, with the consequence that the investors have lost over £10million. The principal causes of action are in negligence, breach of fiduciary duty, misrepresentation and breach of the escrow agreements. The claimant investors may on investigation be found to fall into five broad categories:-
i)	those who lent money to the Peninsula Village development which was paid out of the escrow account in April 2007;
ii)	those who lent money to the Marrakech development which was paid out of the escrow account in November 2007;
iii)	those who lent money to the Marrakech development which was paid out of the escrow account on various dates between November 2007 and February 2008;
iv)	those who had paid money to purchase holiday homes in Peninsula Village which was paid out of the escrow account in October 2008; and
v)	those who had originally entered into loan or purchase agreements regarding Peninsula Village but following planning delays were encouraged to invest in the Marrakech development instead – also referred to as the "crossover" investors.
The policy of insurance
ILP had insurance cover with AIG dated 1st October 2008. Pursuant to the terms of the policy AIG now provides run-off insurance cover to ILP on the same terms as the policy, for the six year period commencing from 30th September 2009. The AIG cover has a limit of liability of £3million and a retention or excess clause of £7,500 subject to an overall aggregate limit of £22,500. There was an aggregation clause in the AIG cover, but it is common ground that it is not in the same terms as the aggregation clause 2.5 in the MTC and thus the latter was the governing clause. Clause 2.5 of the MTC entitled "One Claim", provides as follows:-
"The insurance may provide that, when considering what may be regarded as one Claim for the purposes of the limits contemplated by clauses 2.1 and 2.3:
(a)	All claims against any one or more insured arising from
(i)	one act or omission;
(ii)	one series of related acts or omissions;
(iii)	the same act or omission in a series of related matters or transactions;
(iv)	similar acts or omissions in a series of related matters or transactions
(b)	all Claims against one or more Insured arising from one matter or transaction.
will be regarded as One Claim."
On 4th March 2014, AIG filed a claim form in the Commercial Court seeking a declaration that the Underlying Claims were to be considered "One Claim" for the purposes of the Aggregation Clause. On 14th August 2015 Teare J refused to grant AIG the declaration it sought. He said (para 40):-
"… the most natural meaning of the phrase "a series of related matters or transactions" in the context of a solicitors' insurance policy is, in my judgment, a series of matters or transactions that are in some way dependent on each other. It is difficult to talk of transactions being related unless their terms are in some way inter-connected."
It was common ground on the pleadings that the individual transactions were not dependent on each other. The judge plainly thought, therefore, that there are 214 claims, although he did not incorporate that conclusion into his formal order which merely refused the claimant the declaration sought in the Claim Form.
The judge granted AIG permission to appeal and also granted the Trustees permission to argue on the appeal that there were two claims, one relating to Peninsula Village and the other to Al Johara. The parties then sought an expedited hearing since any decision would be likely to impact on insurance premiums of subsequent years beginning on 1st October. They said further that 3 days would be required for the appeal since they wished to obtain findings of fact for the contentions pursued by the parties when the judge had not found it necessary to make any such findings, it being accepted that none of the transactions were inter-dependent. When the application was put before Longmore LJ, he took the view that a 3 day expedited hearing was not justified but that there should be an expedited hearing to address issues of principle only. He asked the parties to agree a list of issues of principle and, if possible, an agreed statement of facts. That has now been done and this judgment will address those issues of principle as far as appropriate.
Mr Lockey QC for AIG submitted that there was no justification for reading into the phrase "a series of related matters or transactions" a requirement that they be dependent upon one another for the purposes of the aggregation clause. He contended further that the only possible construction of the phrase led to the conclusion that there was one claim but accepted that, if this court was not prepared to make the necessary factual findings in support of that conclusion, there would have to be a trial before that conclusion could be incorporated into a judgment.
Mr Leech QC for the Trustees supported the judgment and referred to AG v Cohen [1937] 1 KB 478 in which Greene LJ had said that the word "series" means "something of which it can be said that there is some integral relationship between its parts".
We gave the Solicitors' Regulatory Authority permission to intervene and make oral submissions. On its behalf Mr Edwards QC said that the clause required a relationship between the matters or transactions. Inter-dependence would satisfy that requirement but the clause could have a wider connotation; there had to be at least some intrinsic connection between the relevant matters or transactions, not merely a connection with some external common factor such as that the transactions or matters were conducted by the same solicitor or both related to the same geographical area.
One must start by trying to ascertain the literal or natural meaning of the aggregation clause.
AIG do not suggest that ILP's acts or omissions constitute one act or omission or one series of related acts or omissions or the same act or omission in a series of related matters or transactions but it does contend that they constitute
"similar acts or omissions in a series of related matters or transactions."
For this purpose it is not enough that the similar acts or omissions occurred on their own; they have to occur "in a series of related matters or transactions" and it is this phrase which is at the centre of the debate.
The words "matters or transactions" are common enough in policies covering solicitors who may receive instructions in relation to a "matter" such as drafting a will or negotiating a compromise which would not themselves be "transactions"; a solicitor may also be required to perform a transaction such as concluding a contract of sale or drawing up and executing a conveyance or a transfer. The phrase "matters or transactions" is intended to cover all aspects of a solicitor's business and it may not be of great concern whether the source of a solicitor's liability is a matter or a transaction. In the present case, however, it is more natural to say that the liability arises from negligence in relation to a transaction since the making of the contracts and the setting up of and the transfer of money from an escrow account are essentially "transactions" rather than "matters". The critical question is whether the negligence or breach of duty occurred "in a series of related … transactions".
The word "series" itself usually implies some connection between the events or concepts which constitute the series. It is, after all, derived from the Latin "serere" which means to connect. When the mortified Mr Elton left Highbury "after a series of what had appeared to him strong encouragement" it was the same lady who had, in his optimistic opinion, given him that encouragement (Emma, Volume 2, chapter 4).
As used in the phrase "in a series of related … transactions" it is even more obvious that there has to be a connection since the transactions have to be "related" and that can only mean related to one another. The question then is how that connection or relationship is to be established – what degree of connection or relation is required for the purpose of the aggregation clause? Will any connection do, however remote?
In our view it must, as Mr Edwards submitted, be an intrinsic rather than a remote relationship. That means that there must be a relationship of some kind between the transactions relied on rather than a relationship with some outside connecting factor, even if that extrinsic relationship is common to the transactions. Thus transactions which all take place with reference to one large area of land in a particular country might be related transactions if they refer to or (perhaps) envisage one another, but if the relevant transaction is the payment of money out of an escrow account which should not have been paid out of that account, the fact of geography is too remote; what will be intrinsic will depend on the circumstances of that payment.
20.	We conclude, therefore, that the judge went rather too far when he said that the transactions had to be "dependent on each other" before aggregation could occur. In the very next sentence (as quoted above) he said that transactions could not be related unless they were in some way inter-connected. With that we can agree but there can be degrees of connection (or inter-connection) which are less than "dependence" and we do not think the terms of the policy require the degree of closeness contemplated by "dependence".
Mr Lockey criticised the judge for implying the word "dependent" into the phrase "series of related … transactions"; he would no doubt criticise this court for implying the word "intrinsic" into the phrase. The difficulty, however, with Mr Lockey's construction (that any degree of relatedness will do) is that it is impossibly wide since it can be said that, in the end, everything is related to everything else and the aggregation clause becomes almost meaningless. The traditional and well-known way in which to formulate an extremely wide aggregation clause is to use words such as "any claim or claims arising out of all occurrences … consequent on or attributable to one source or original cause" or "arising from one originating cause or series of events or occurrences attributable to one originating cause (or related causes)". The aggregation clause in the present case is, almost ostentatiously, not formulated in this way and cannot therefore have been intended to have the same width as clauses drafted in such terms.
The decision of the House of Lords in Lloyds TSB General Insurance Holdings Ltd v Lloyds Bank Group Insurance Co Ltd [2003] 4 All ER 43 is authority for this approach. The case arose from mis-selling by the claimants of personal pension schemes. The claimants' representatives had failed to comply with the LAUTRO code of conduct in that they had not given "best advice" to investors; nor had the claimants themselves established the required training and monitoring schemes. The defendants insured the claimants against third party claims which exceeded the deductible of £1 million. No single claim was for more than £35,000 but the total paid out by the claimants was £125 million. The insurers argued that each claim was a separate claim and that none of the claims exceeded the deductible. There was, however, an aggregation clause which provided that if a series of third party claims resulted from "any single act or omission (or related series of acts or omissions)" then all such claims were to be considered to be a single third party claim for the purpose of the deductible. This court held that, while the lack of training and monitoring systems in respect of the representatives was not a single act or omission, the words "related series of acts or omissions" meant acts or omissions which had a single underlying cause or common origin and that the deductible was accordingly exceeded. The House of Lords held the contrary, saying that the insurers had not been willing to accept as a unifying factor a cause which was more remote than the act or omission which had constituted the third party's cause of action. The true failure was the failure to give best advice to the particular investor and the individual acts or omissions of the individual representatives were not a "related series of acts or omissions".
The case is not an authority of direct application to the present case because the critical phrase was more similar to (ii) of clause 2.5 (which is not relied on) and because the fact that there was a parenthesis in the relevant phrase was an important factor, but their Lordships specifically drew attention to the available width of aggregation clause which had deliberately not been adopted by the parties. Lord Hoffmann quoted the approach of Moore-Bick J at first instance who had said that the purpose of an aggregation clause was to enable two or more separate losses covered by the policy to be treated as a single loss when they were linked by a unifying factor of some kind. He continued:-
"15 That seems to me a fair description. The unifying factor is often a common origin in some act or event specified by the clause. But much will turn upon the precise nature of the act or event which, for the purposes of aggregation, the clause treats as a unifying factor. The more general the description of that act or event, the wider the scope of the clause. For example, in Municipal Mutual Insurance Ltd v Sea Insurance Co Ltd [1998] Lloyd's Rep IR 421 the unifying cause was expressed in very general terms "… all occurrences of a series consequent on or attributable to one source or original cause …"
16 This meant that as long as one could find any act, event or state of affairs which could properly be described as a cause of more than one loss, they formed part of a series for the purposes of the aggregation clause. Hobhouse LJ held that a series of losses caused by theft and vandalism from the port of Sunderland over a period of time were attributable to one original cause, namely the inadequacy of the port's system for protecting the goods of which it was bailee. On the other hand, in AXA Reinsurance (UK) v Field [1996] 3 All ER 517 at 526-527.[1996] 1 WLR 1026 at 1035 Lord Mustill contrasted the words "arising from one originating cause" which had been used in Cox v Bankside Members Agency Ltd [1995] 2 Lloyd's Rep 437 with the words "arising out of one event" which was the unifying factor designated by the clause then before the House. An "event", he said was "something which happens at a particular time, at a particular place, in a particular way". A "cause" on the other hand, was less constricted: it could be a continuing state of affairs or the absence of something happening. The word "originating" was also in his opinion chosen to "open up the widest possible search for the unifying factor". This meant that in the AXA case the incompetence of a Lloyds underwriter was not an "event" giving rise to the losses under a number of separate policies which had written on behalf of various syndicates, whereas in Cox's case it had been held to be the "originating cause" of such losses.
17 The choice of language by which the parties designate the unifying factor in an aggregation clause is thus of critical importance and can be expected to be the subject of careful negotiation: as Lord Mustill observed in the AXA case [1996] 3 All ER 517 at 526, [1996] 1 WLR 1026 at 1035, among players in the reinsurance market "keen interest [is] shown … in the techniques of limits, layers and aggregations"."
He also said:-
"26 When one speaks of events being "related" or forming a "series", the nature of the unifying factor or factors which makes them related or a series must be expressed or implied by the sentence in which the words are used. It may sometimes be necessary to imply a unifying factor from the general context. But the express language may make such an implication unnecessary or impermissible."
Lord Hobhouse agreed saying:-
"47. The assureds' argument … therefore runs as follows. Each of the assureds was under a statutory obligation to take the steps indicated in the Code of Conduct to guard against mis-selling. They did not do so. As a result, "consultants" did not give best advice and mis-selling occurred. It follows that the various assureds did not ensure that it did not occur. The underlying cause of all the cases of mis-selling was the same - the failure to take the steps required by the Code to guard against mis-selling. The requisite steps and the failure to take them were either the same in every case or very similar. This argument therefore takes the inquiry back to an earlier stage. It looks at not what caused the financial loss to the third party, the subject of the third party claim, but at the underlying situation which gave rise to the conduct of the "consultant" vis-à-vis the third party. It can be commented that the underlying situation could equally well have been the failure of the assured to pay its "consultants" a viable salary so that they became over-dependent upon commissions and were thus unduly influenced not to perform their duty to give best advice, a temptation to which a proportion of the "consultants" would predictably succumb. The way in which the argument seeks to get round the basic difficulties is to say that the failure of each relevant assured to take the requisite steps, whilst not being the act or omission itself or the proximate cause of the third party's loss, provides the relationship between the various acts and omissions so as to justify the description of them as a 'related series', or, as Hale LJ might have put it, they all had the same parent, i.e. the failures of the assureds (or, perhaps, the same parent or uncles and aunts). Is this the correct construction to place on this clause?
48. It is possible to have an aggregation clause which may have this effect. In AXA Re v Field [1996] 1WLR 1026, the policies discussed included two different sets of wording, one referring to "each and every loss and/or occurrence … and/or series of losses and/or occurrences … arising out of one event" and the other referring to "any claim or claims arising from one originating cause or series of events or occurrences attributable to one originating cause (or related causes)". Lord Mustill said (at p.1035):
"In my opinion these expressions are not all the same, for two reasons. In ordinary speech, an event is something which happens at a particular time, at a particular place, in a particular way. …. A cause is to my mind something altogether less constricted. It can be a continuing state of affairs; it can be the absence of something happening. Equally, the word "originating" was in my view consciously chosen to open up the widest possible search for a unifying factor in the history of the losses which it is sought to aggregate. To my mind the one expression has a much wider connotation than the other."
Accordingly where the words falling into the second category were used, losses caused by a mistake shared in common by three different underwriters as to the nature of the LMX spiral could be the single underlying cause of their having entered into a series of fatally defective reinsurance treaties and could therefore be the unifying factor justifying the aggregation of the losses suffered under those treaties, whereas the use of words falling into the first category would not suffice.
49. Similar reasoning had earlier been adopted by Evans LJ, giving the leading judgment of the Court of Appeal in Caudle v Sharp [1995] LRLR 433 at pp.439-440. That case involved the former type of wording – "each and every loss and/or occurrence … and/or series of losses and/or occurrences … arising out of one event". He did not in the context of that policy consider that the 'one event' need be an insured peril but rejected the idea that anything that happened could properly be described as "an event". He distinguished between a historical event such as the hundred years war and a single event such as a particular hurricane. The case was about a series of 32 asbestosis reinsurance contracts which Mr Outhwaite had underwritten without doing any proper assessment of the risk. Mr Outhwaite's repeated negligence, his sustained state of ignorance of the truth, could not be described as a single event.
50. Similarly, in a later case Municipal Mutual Ins Ltd v Sea Ins Co [1998] Lloyd's Rep IR 421, the Court of Appeal made the same distinction between a simple "any one event" clause and a clause, which was the clause in the policy with which the Court of Appeal were concerned, which included the words "or arising out of all occurrences of a series consequent on or attributable to one source or original cause". Accordingly they held that, where a large piece of machinery had been left unguarded and unprotected on the dockside for some 18 months and progressively stripped during that period by petty thieves, the losses fell to be aggregated under the clause because "on an ordinary use of language, the acts of pilferage and vandalism were a series of occurrences attributable to a single source or original cause". (pp.433-4)
51. Returning to the aggregation clause in the present policy, there are no words of equivalent strength to those found in the AXA and Municipal cases – "attributable to" – "a single source" – "originating cause". The argument of the assureds has to be built upon the inclusion of the phrase "related series". But this does not have the same force or create such a strong and wide connecting factor. One is still left with the necessity to look at the acts and omissions of the individual "consultants" which gave rise to the financial loss suffered by the third party and ask whether they were a related series of acts or omissions. In my opinion they were not. The parties could, if they had so chosen, have used a clause such as that found in the AXA and Municipal cases. They chose not to and, no doubt, the cost of obtaining insurance cover was reduced as a result. Their choice should be respected."
We regret the length of these citations. But they show the importance of construing the critical words of the insurance policy against the background of knowledge of the availability of wide aggregation clauses as well as narrow ones. If the widest form of the clause has not been chosen, the parties' choice must, as Lord Hobhouse said, be respected.
Lord Hoffmann made the important point that the necessary unifying factor must be expressed or implied by the sentence in which the words (such as "a series of related … transactions") are used. This is one of those cases where in our judgment it is necessary to imply the unifying factor from the general context because the express language ("a related … transaction") is both itself imprecise and deliberately avoids the available wide formulations. It is for this reason that we have concluded that the relationship must be an intrinsic relationship between the relevant transactions.
Mr Lockey and Mr Lynch relied on paragraph 27 of Lord Hoffmann's judgment to argue that the unifying element was a common causal relationship, in this case the relationship of investor and solicitor. But the words which Lord Hoffmann was construing were claims which resulted from "any single act or omission (or related series of acts or omissions)" and naturally enough the word "resulted" implied a common causal relationship. In the present case, what constitutes a single claim are acts or omissions "in a series of related matters or transactions" and "related" in this phrase does not, to our minds, have the same connotation as it does in the phrase "related series of acts or omissions". Acts or omissions can be related by one unifying cause but the cause of transactions or matters is different. To say that a transaction is caused by the decision of the parties to enter into it tells one nothing about whether the transactions are related or not.
No doubt the insurers were pleased with their victory in the Lloyds TSB case inasmuch as it was held that none of the claims exceeded the deductible in the policy but it seems to have caused consternation to the professional indemnity insurers of solicitors in which aggregation clauses applied not so much to deductibles (where the insured would wish to aggregate) but to any limit of liability of the insurers under the policy (where it would be the insurers who would wish to aggregate claims in order to rely on the overall limit in the policy). When, prior to September 2000, the Solicitors Indemnity Fund had provided insurance against third party claims in the sum of £1 million the relevant aggregation clause had read
"All claims arising from the same act or omission … shall be regarded as one claim."
When the Fund ceased to provide insurance and solicitors from 1st September 2000 went to Qualifying Insurers in the commercial market, the required minimum terms and conditions (clause 2.5) said:-
"The insurance may provide that all claims against any one or more insured arising from the same act or omission or from one series of related acts or omissions will be regarded as one claim for the purposes of the limits contemplated by clauses 2.1 and 2.3."
There is an obvious similarity between this clause and the clause in the Lloyd's TSB case (any single act or omission "or related series of acts or omissions") construed by the House of Lords in July 2003.
The Law Society Gazette for 27th January 2005 takes up the tale:-
"Clause 2.5 follows the standard commercial market wording and was settled as part of the negotiations with the commercial insurers when drawing up the Minimum Terms and Conditions. The principal difference between the SIF wording and the Minimum Terms and Conditions wording is the introduction of the words "or from a series of related acts". The Qualifying Insurers had assumed that the wording of clause 2.5 would enable them to treat as one claim multiple claims arising not only from a series of related acts but also from a series of similar acts. The House of Lords' decision in the case of Lloyds TSB General Insurance Holdings Limited and others v Lloyds Bank Group Insurance Co Ltd [2003] UK HL 48 ("the Lloyds TSB case") has established that the Qualifying Insurers' assumption was wrong.
The House of Lords' decision has given clarity to the phrase a "related series of acts or omissions" which is found in many aggregation clauses. The Qualifying Insurers are seriously concerned that the decision in the Lloyds TSB case has narrowed the effect of the aggregation clause in the Minimum Terms and Conditions (clause 2.5) to an unacceptable extent. They sought an amendment of clause 2.5 put them back in the position they thought they were in before the Lloyds TSB case. The Qualifying Insurers maintain that if some action is not taken to mitigate their exposure, there will inevitably be some disruption in the marketplace in relation to firms' ability to obtain insurance at an affordable cost.
The reworded definition of one claim agreed by the Council is as follows:-
"The Insurance may provide that
a)	all claims against any one or more Insured arising from
i)	one act or omission
ii)	one series of related acts or omissions
iii)	the same act or omission in a series of related matters or transactions
iv)	similar acts or omissions in a series of related matters or transactions
b)	all claims against one or more insured arising from one matter or transaction
will be regarded as one Claim".
The new wording ostensibly provides greater scope for aggregation of claims. In agreeing the change, the Council took into account advice from the Law Society's Indemnity Insurance Committee and the Law Society's external Indemnity insurance advisers, Marsh, that this issue was of sufficient concern to Qualifying Insurers that there was a risk that a number of insurers would withdraw from the market for solicitors' compulsory indemnity insurance precipitating an increase in premium rates.
Any wording which gives greater potential for the aggregation of claims will make it more likely that the current minimum limit of £1 million will be exhausted. The Council has, therefore, reviewed the adequacy of this minimum sum and determined that it should be increased to £2 million any one claim. It is now 15 years since the current minimum sum insured was increased from £500,000 to £1 million. Based on simple indexing, the equivalent of £1 million in 1989 would be around £1.7 million today. Although indexing is a useful indicator it does not necessarily reflect the development in claims settlements since 1989. The index contains elements which are not relevant to claims against solicitors and omits relevant elements, such as the value of property and the level of personal injury claims. Property values generally have more than doubled since 1989 and, ignoring the impact of structured settlements, maximum personal injury awards now exceed £3 million.
By not increasing the minimum sum insured under its compulsory professional indemnity scheme since 1989, the Law Society has fallen behind other regulators of legal services in the UK. Under the Law Society of Scotland and the Law Society of Northern Ireland schemes the minimum sums insured are £1.25 million and £2 million respectively.
The effect on premium levels for individual firms will be dependant (sic) on the state of the market at renewal and the firm's current level of cover. For firms that already carry cover of £2 million or more, the change will have little or no effect. For firms that are insured for only the minimum sum, insurers would like to be able to raise premium rates by around 20% to cover the increased exposure. However, in the current soft market such rises are unlikely to be achieved.
The increase in the minimum sum insured will not affect policies which expire or enter into run-off cover before 1 October 2005. Similarly the level of run-off cover provided by the Solicitors Indemnity Fund to practices that ceased with no successor practice prior to 1 September 2000 will be unaffected.
The Council believe that the agreed changes strike the right balance between ensuring adequate consumer protection on the one hand, and the additional cost to the profession of providing such protection coupled with the ability and willingness of the market to provide it, on the other."
This published history of the origin of the clause is, in our judgment, part of what has come to be called the "matrix" against which the clause has to be construed and is a legitimate aid to construction, although (as we understand the matter) it was not put before the judge. Both parties wished to rely on it in this court; AIG submitted that it showed the judge's construction was impermissibly narrow and too similar to that adopted by the House of Lords when the intent was to give the words a wider construction; the Trustees submitted that it showed that the parties had well in mind the reasoning of Lloyds TSB to the effect that there were available wider words if the aggregation clause was to have a wide construction and that such words had not been chosen. There is some merit in both parties' contentions but we consider that the history does give some support for the argument that it was not intended that the phrase "a series of related … transactions" is to be interpreted in such a manner that any relation, however loose, will suffice. There must be some restriction on the concept of relatedness and the most satisfactory approach is that the relation must be an intrinsic relationship not an extrinsic one.
This court is in no position to make any findings of fact for the purpose of the aggregation clause. It has not seen or had detailed submissions on the contracts between ILP and the investors or the terms on which escrow accounts were set up on behalf of the investors and does not wish to inhibit the trier of the facts in any way. If the contracts or the escrow account in respect of one investor referred to the contracts or the escrow accounts of the other investors, there might be the relevant intrinsic relationship; if they do not, there might not be. If there was a specific requirement that investors' funds were to be held in a separate designated account for each investor that might militate against a finding that there was an intrinsic relationship between the relevant matters or transactions for the purpose of the aggregation clause. All this will have to be investigated by the trier of the facts and for this purpose the case will now have to be remitted to the Commercial Court for such findings to be made in accordance with such assistance as can be derived from this judgment.
"Similar acts or omissions"
In paragraphs 28-31 of his judgment, Teare J held that all the claims arose out of similar acts or omissions for the purpose of the aggregation clause. Although the Trustees were given permission to argue on appeal that there were two (similar) acts or omissions in relation to (a) Turkey and (b) Morocco (and that is obviously one possible outcome), that is not the only alternative outcome. The question therefore arises whether the Trustees should have permission to appeal the judge's finding that there were similar acts or omissions. If we had upheld the judge and his construction of "a series of related matters or transactions", we would not have granted permission to appeal on the aspect of "similar acts or omissions". But as we have not upheld the judge's construction and have adopted a construction for which neither the appellant nor the respondents have submitted as their primary case, the focus of the factual inquiry will now be whether there was a series of matters or transactions which were intrinsically, rather than extrinsically, related. In these circumstances there will have to be a fresh start and just as we do not wish the trier of fact to be inhibited by anything we have said about the facts, we think he should not be compelled to hold that the relevant acts or omissions were similar for the purposes of the clause. The new focus on the intrinsic relationship between the matters or transactions may possibly have some influence on how one should look at "similar acts or omissions" and the trier of the facts should have complete freedom to come to whatever conclusions he or she considers to be appropriate in relation to the clause as a whole. The court always has to be alive to the inherent risks and dangers of preliminary points which the parties are anxious to have decided; the less trammelled the decider of facts is, the better.
The List of Issues of Principle
We do not propose to resolve these issue by issue since we have said all that we believe can be usefully said before the trier of the facts begins his or her task. We will, however, summarise our conclusions by saying
i)	the true construction of the words "in a series of matters or transactions" is that the matters or transactions have to have an intrinsic relationship with each other, not an extrinsic relationship with a third factor;
ii)	the judge was therefore wrong to say that the matters or transactions had to be dependent on each other;
iii)	the judge was right to hold that the aggregation clause had to be approached neutrally without any assumptions in favour of the insurers or the insured; in these circumstances it is not helpful to consider whether the approach should be from any particular perspective let alone whether the right perspective is that of the insured or that of the public who need the relevant advice or assistance and may be concerned that the solicitor should have adequate insurance cover;
iv)	the parties are entitled to refer the court to the matters set out in the Law Society Gazette article referred to above;
v)	the court gives permission to the Trustees to appeal the question of mixed law and fact whether the relevant acts or omissions of ILP were similar acts or omissions; and
vi)	the court remits the entire case to the Commercial Court to determine it in accordance with the guidance given in this judgment.
The appeal will therefore be allowed to the extent indicated and the court invites the parties to agree an appropriate form of order.
ON APPEAL FROM THE HIGH COURT OF JUSTICE COMMERCIAL COURT
THE HONOURABLE MR JUSTICE TEARE APPEAL NO. 2015/3082
THE RIGHT HONOURABLE LORD JUSTICE LONGMORE THE RIGHT HONOURABLE LORD JUSTICE KITCHIN THE RIGHT HONOURABLE LORD JUSTICE VOS
B E T W E E N:
-and- (1) OC320301 LLP (formerly THE INTERNATIONAL LAW PARTNERSHIP LLP) (2) STEPHEN JOHN HOWELL (3) JANINE ELSPETH HOWELL (4) PETER GERARD JASON ESDERS (5) RICHARD MARCUS WOODMAN (6) ROYDS TRUSTEE COMPANY LIMITED (as trustees of the HOWELL PENINSULA PROTECTION TRUST and the MIDAS MARRAKECH TRUST and as representatives of the Beneficiaries)
-and- THE LAW SOCIETY OF ENGLAND AND WALES (acting in its regulatory capacity as the Solicitors Regulatory Authority)
____________________________________________________ ORDER ____________________________________________________
UPON HEARING Leading Counsel for the Appellant, for the Fifth and Sixth Respondents and for the Intervener at the Hearing held on dated 21 and 22 March 2016
AND UPON judgment being handed down on 14 April 2016 and the parties providing written submissions pursuant to paragraph 4.5 of Practice Direction 40E
IT IS ORDERED THAT:
The appeal is allowed to the extent indicated in the judgment of the court..
Paragraphs 1-3 of the Order of Teare J dated 14 August 2015 are set aside.
The action is remitted to the Commercial Court for re-trial in accordance with the guidance given in the judgment of the Court of Appeal handed down on 14 April 2016.
For the avoidance of doubt, upon the re-trial, it shall be open to the Fifth and Sixth Respondents to contend that the relevant acts or omissions were not "similar" for the purposes of Clause 2.5 (a) (iv) of the Minimum Terms and Conditions.
The interim payment of £240,000 paid by the Appellant to the Fifth and Sixth Respondents on account of costs, pursuant to Paragraph 3 of the Order of Teare J dated 14 August 2015, is to be repaid by the Fifth and Sixth Respondents to the Appellant within 14 days, together with interest on the said sum from the date of payment to the date of re-payment at the rate of 2%.
Fifth and Sixth Respondents to pay 50% of AIG's costs of the appeal, to be assessed if not agreed and to make an interim payment of £75,000 on account of such costs.
Costs of the trial before Teare J to be remitted to the Commercial Court to be determined after the re-trial referred to in paragraph 3 above.
Dated this 14th day of April 2016
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(360) 786-7696|Annette.Cleveland@leg.wa.gov
Sen. Annette Cleveland
49th Dist. – Vancouver
News from Sen. Annette Cleveland
Cleveland applauds Inslee veto of CRC funds
May 23rd, 2013|
Sen. Annette Cleveland, D-Vancouver, released this statement today regarding Gov. Jay Inslee's veto of $81.9 million in funding for the Columbia River Crossing in the Legislature's transportation budget:
"Many people in and around my district have been asking about the governor's veto, and I can understand why there might be questions, when CRC opponents are actively mischaracterizing his actions.
"The governor has been crystal clear, including as recently as this past Monday during a transportation rally, that he wants full funding for the CRC this year so that we can qualify for $850 million in federal funds. If we pass up that $850 million, the governor feels it makes little sense to spend $81.9 million in a wasted effort, and he's right.
"Sadly, the opponents' misguided mantra that hundreds of millions of dollars in federal aid will somehow be there for us in the future will cost Vancouver and Washington taxpayers dearly. This money goes away if we do not commit to our share by September. If that happens, we will either be unable to replace the unsafe, outmoded bridge with a modern structure or we will pay a much higher price to replace the bridge in future years.
"It's frustrating to hear CRC opponents continually confuse the facts. They say the project cannot win Coast Guard approval, when the Coast Guard is in the process of evaluating the proposal. They say $850 million in federal funds that come with a September deadline will still be available after the deadline, even though federal officials have made it clear that is in fact not the case. They say businesses along the river cannot be mitigated when in fact mitigation is in the process of being negotiated for the three most crucial businesses. Most recently, they say the governor's veto of a CRC budget item is a vote against the project when in fact the governor has emphatically called for the Legislature to fully fund Washington's $450 million portion of the CRC and sees the current CRC proposal with light rail as the only viable option.
"To turn down $850 million in federal funding would be a costly mistake for our community and one I fear we would regret for many years to come. I am unwilling to make a mistake that expensive and detrimental to our community."
"I am grateful for the Governor's continued support for this project and his bold leadership to ensure the future economic health and viability of our community and state through strategic investment in our transportation infrastructure. I remain steadfast in my effort to arrange for our state to commit its share of funding for the CRC by September and qualify for the federal funds and I continue to work with my seatmates, Rep. Jim Moeller and Rep. Sharon Wylie, to make this a reality."
Harley Hall Building
1000 NE 7th Ave., Suite 330-G
Legislative Toll-Free Hotline
Health & Long Term Care (Chair)
Human Services, Reentry & Rehabilitation
Joint Legislative Audit and Review Committee


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Rang De takes microlending online
When co-founders Ramakrishna N.K. and Smita Ramakrishna established Rang De, a Chennai-based web-based microlending platform, little did they know of the impact it would have on society. Since its inception on January 26, 2008, the non-profit trust has reached out to over 2,500 micro-entrepreneurs across 10 states by lending over Rs. 1.4 crore, with a repayment rate as high as 98.9 per cent. The founders were ably supported by CSO Partners and ICICI Foundation in bringing their venture to light.
The social initiative has brought cost-effective microcredit to lower income households across the nation, giving them the opportunity to invest in an education or fulfill their business dreams. Through the platform, an individual could participate in the microlending process by contributing as little as Rs. 100. The Rang De team's passion and commitment towards social change has seen them bring together over 1,300 social investors in a short span of time. This dedicated team currently comprises eight full-time and two part- time team members and active volunteer chapters support the team across seven cities in India.
In sync
Rang De partners with micro finance institutions (MFIs) and non-government organisations to identify borrowers and post their profile on the website. Investors can access these profiles online and pay either a part or the entire loan amount to the borrower. When the entire loan amount is raised, the Rang De partner receives the money and disburses it to the borrower. The borrower repays the money according to the scheduled repayment plan. Investors receive an interest of 2 per cent flat per annum (p.a.) on their investment.
Since the investors can lend part amounts, it brings down the cost of microcredit. "Through this, we hope to reach out and include people to whom even 'traditional microcredit' is unaffordable," says Ramakrishna. Rang De interest rates to borrowers vary from 5 per cent flat p.a. (9 per cent annual percentage rate (APR)) to 10 per cent flat p.a. (18 per cent APR). These are significantly lower than the prevailing rates of at least 15 per cent flat p.a. (28 per cent APR).
Rang De has 17 field partners – including HOPE, Roshan Vikas, Karuna Trust, Pragati, Gram Utthan – in 10 geographic areas across the states of Andhra Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Uttar Pradesh and West Bengal. "We will continue to partner with credible non-government organisations and non profit microfinance institutions across India and support our existing field partners to scale up their operations," adds Ramakrishna.
Sourcing funds
Currently, Rang De raises funds for working capital loans for micro-entrepreneurs from individuals (social investors) and corporates (corporate social investors). "We will continue to work towards extending our social investor base as well as reaching out to more corporates to tap into their corporate social responsiblity funds," says Ramakrishna. The operational expenses of Rang De are met through grants, donations and income from operations, which includes a small fee of 1 per cent charged for processing the loans. "Going forward, we intend to raise funds through online sponsorships and subscriptions," explains Ramakrishna. He adds, "We have not yet broken even in terms of operational revenues. However, we have received funding sufficient to cover our operational costs for next two years." He also adds that Rang De plans on breaking even in the next 18 months.
There is a critical need to balance between the requirement for credit and the social investments they raise. For this to happen, they feel a great need for awareness about microcredit among potential social investors. "Once people understand the concept, they do not hesitate to make a social investment," explains Ramakrishna. The second challenge for them is reaching out to unserved and underserved population.
Education- the way forward
Ramakrishna believes that to make a social impact, it is not money that matters, but, the value that you add. And, Rang De believes that it is through education that one adds this value. "Education alone will give people the escape velocity to come out of poverty," he says.
Rang De, along with the Reach for India initiative of PanIIT, is offering job-guaranteed vocational training, funded by microcredit. Recognising high unemployment rates in rural areas to be one of the biggest problems today, Rang De started two pilots in Bahraich and Karnool for unemployed youth in the 18-35 age bracket, giving them training in vocational skills such as construction and welding. Reach for India provides the schools and placement assistance.
To make this a success, Rang De does not give grants/loans to the students, but, to the parents, forming a joint liability group of parents to ensure social collateral and the pressure they need to ensure they complete the course. In addition to providing one month's training, they are also given work for six months at a pay of Rs. 6,000 per month. At the end of it, they get a certificate equivalent to the one from Industrial Training Institutes, recognising them as skilled labour.
Another focus area is the primary and secondary education. "Just like the middle class aspired for good education for their children in the 80s and the 90s, today, the lower income group households are willing to even borrow to give their children good education," says Ramakrishna. They did a pilot in Hyderabad last year, and this year, are doing one in Chennai. Rang De has worked out a model with the schools whereby in return for assured payment, they get 10 per cent discount as well as one month of credit. Rang De plans to launch it in a big way next year and believes that meaningful access to good education will have a positive impact. Even bigger than the impact they have already made.
Team SmartCEO


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A traditional treat in New Orleans during Mardi Gras, our baked fresh daily King Cakes can be purchased every day during the Mardi Gras season or special-ordered throughout the year. Our king cakes come in a variety of flavors/varieties such as traditional (like your mom n'nem used to get), cream cheese iced, or filled with any of our fourteen cream cheese flavors. There is no minimum order for king cakes, and we ask that you make your order by at least 10am THE PREVIOUS DAY.
Creole Baglery King Cakes can be ordered throughout the year off of our catering Menu for your special occasions/events.
If you have any questions, or would simply like to place your order with a HUMAN, please feel free to give us a call at (985) 649-6151. We will be glad to take your order.
Please call us at (985) 649-6151 to order your King Cake today!
Thank you for helping us make our King Cake seasons such a success!


Description: Shaker Loops is well-known and well-recorded but Road Movies is somewhat less so and the only other version of John's Book - a complete one from 1997 by the Kronos Quartet - uses a pre-recorded rhythm track of prepared piano sounds. So we offer these six excerpts ("Hammer & Chisel", "Habanera", "Ständchen: The Little Serenade", "Judah to Ocean", "Dogjam" and "Rag the Bone") for Adams collectors who might like to hear them in their original form. Louise Bessette (piano), La Pietà; Angèle Dubeau (violin).


text:
Report of the 166th Semiannual General Conference of The Church of Jesus Christ of Latter-day Saints
Listen by the Power of the Spirit
The Twelve Apostles
Boyd K. Packer
The Spirit of Prophecy
L. Aldin Porter
The Ordinary Classroom—a Powerful Place for Steady and Continued Growth
Virginia H. Pearce
Prophets Are Inspired
David B. Haight
Christ at Bethesda's Pool
The Sustaining of Church Officers
"According to the Desire of [Our] Hearts"
Faith in Every Footstep
Covenant Marriage
Witnesses for God
"Run and Not Be Weary"
L. Tom Perry
The Savior Is Counting on You
Joe J. Christensen
Honesty—a Moral Compass
"Be Thou an Example"
"This Thing Was Not Done in a Corner"
"Woman, Why Weepest Thou?"
"Always Have His Spirit"
"We Care Enough to Send Our Very Best"
Richard C. Edgley
The Eternal Family
Robert D. Hales
Women of the Church
Christians in Belief and Action
The Joy of Living the Great Plan of Happiness
"Partakers of the Glories"
Elaine L. Jack
Listening to the Voice of the Lord
Francisco J. Viñas
"Behold Your Little Ones"
Wm. Rolfe Kerr
"The Peaceable Things of the Kingdom"
Jeffrey R. Holland
"Reach with a Rescuing Hand"
Confirmed in Faith
Aileen H. Clyde
Raised in Hope
Chieko N. Okazaki
Strengthened in Charity
The Grand Key-Words for the Relief Society
News of the Church
Changes in General Authority Assignments Made
President Hinckley Continues to Buoy Up Others
Milestones for Four New Temples
Members of the First Presidency Meet with Tongan Royalty
First Stake in Kiribati Formed, Islands Dedicated
Elder Holland Visits Bosnia and Hungary
Elder Haight Celebrates 90th Birthday
Elder Maxwell Appears on PBS Program
Temple Presidents Trained at Seminar
Tabernacle Choir Broadcasts 3,500th Program
Conversation: The Church in Japan, Korea, and Far-East Russia
David E. Sorensen, Rex D. Pinegar, and L. Edward Brown
"The Eternal Family," Ensign, Nov. 1996, 64
Of the Quorum of the Twelve Apostles
I wish to speak to all those who would like to know about eternal families and about families being forever. One year ago the First Presidency and Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints issued a proclamation to the world concerning the family. It summarizes eternal gospel principles that have been taught since the beginning of recorded history and even before the earth was created.
The doctrine of the family begins with heavenly parents. Our highest aspiration is to be like them. The Apostle Paul taught that God is the father of our spirits (see Heb. 12:9). From the proclamation we read, "In the premortal realm, spirit sons and daughters knew and worshiped God as their Eternal Father and accepted His plan by which His children could obtain a physical body and gain earthly experience to progress toward perfection and ultimately realize his or her divine destiny as an heir of eternal life." The proclamation also reiterates to the world that "marriage between a man and a woman is ordained of God and that the family is central to the Creator's plan for the eternal destiny of His children" ("The Family: A Proclamation to the World," Ensign, Nov. 1995, 102).
From the earliest beginnings, God established the family and made it eternal. Adam and Eve were sealed in marriage for time and all eternity:
"And thus all things were confirmed unto Adam, by an holy ordinance, and the Gospel preached, and a decree sent forth, that it should be in the world, until the end thereof; and thus it was" (Moses 5:59).
"And Adam knew his wife, and she bare unto him sons and daughters, and they began to multiply and to replenish the earth" (Moses 5:2).
The Savior Himself spoke of this sacred marriage covenant and promise when He gave the authority to His disciples to bind in heaven sacred covenants made on earth:
"And I will give unto thee the keys of the kingdom of heaven: and whatsoever thou shalt bind on earth shall be bound in heaven: and whatsoever thou shalt loose on earth shall be loosed in heaven" (Matt. 16:19).
In this latter day the promise of eternal families was restored in 1829 when the powers of the Melchizedek Priesthood were restored to the earth. Seven years later, in the Kirtland Temple, the keys to perform the sealing ordinances were restored, as recorded in the Doctrine and Covenants:
"Elijah the prophet, who was taken to heaven without tasting death, stood before us, and said:
"Behold, the time has fully come, which was spoken of by the mouth of Malachi— …
"… The keys of this dispensation are committed into your hands" (D&C 110:13–14, 16).
With the restoration of these keys and priesthood authority comes the opportunity for all who are worthy to receive the blessings of eternal families. "Yea the hearts of thousands and tens of thousands shall greatly rejoice in consequence of the blessings which shall be poured out, and the endowment with which my servants have been endowed in this house" (D&C 110:9).
What is the promise of these sealings which are performed in the temples? The Lord outlines the promise and requirements in this sacred verse:
"And again, verily I say unto you, if a man marry a wife by my word, which is my law, and by the new and everlasting covenant, and it is sealed unto them by the Holy Spirit of promise, by him who is anointed, unto whom I have appointed this power and the keys of this priesthood; and it shall be said unto them—Ye shall come forth in the first resurrection; and if it be after the first resurrection, in the next resurrection; and shall inherit thrones, kingdoms, principalities, and powers, dominions, all heights and depths—then shall it be written in the Lamb's Book of Life … and shall be of full force when they are out of the world; and they shall pass by the angels, and the gods, which are set there, to their exaltation and glory in all things, as hath been sealed upon their heads, which glory shall be a fulness and a continuation of the seeds forever and ever" (D&C 132:19).
As taught in this scripture, an eternal bond doesn't just happen as a result of sealing covenants we make in the temple. How we conduct ourselves in this life will determine what we will be in all the eternities to come. To receive the blessings of the sealing that our Heavenly Father has given to us, we have to keep the commandments and conduct ourselves in such a way that our families will want to live with us in the eternities. The family relationships we have here on this earth are important, but they are much more important for their effect on our families for generations in mortality and throughout all eternity.
By divine commandment, spouses are required to love each other above all others. The Lord clearly declares, "Thou shalt love thy wife with all thy heart, and shalt cleave unto her and none else" (D&C 42:22). The proclamation states: "By divine design, fathers are to preside over their families in love and righteousness and are responsible to provide the necessities of life and protection for their families [see D&C 83:2–4; 1 Tim. 5:8]. [By divine design,] mothers are primarily responsible for the nurture of their children." By divine design, husband and wife are equal partners in their marriage and parental responsibilities. By direct commandment of God, "parents have a sacred duty … to teach [their children] to love and serve one another, to observe the commandments of God and to be law-abiding citizens [in the countries where they reside]" (Ensign, Nov. 1995, 102; emphasis added; see D&C 68:25–28; Mosiah 4:14–15).
Because of the importance of the family to the eternal plan of happiness, Satan makes a major effort to destroy the sanctity of the family, demean the importance of the role of men and women, encourage moral uncleanliness and violations of the sacred law of chastity, and to discourage parents from placing the bearing and rearing of children as one of their highest priorities.
So fundamental is the family unit to the plan of salvation that God has declared a warning that those "individuals who violate covenants of chastity, who abuse spouse or offspring, or who fail to fulfill family responsibilities will one day stand accountable before God [their maker]. … The disintegration of the family will bring upon individuals, communities, and nations the calamities foretold by ancient and modern prophets" (Ensign, Nov. 1995, 102).
While our individual salvation is based on our individual obedience, it is equally important that we understand that we are each an important and integral part of a family and the highest blessings can be received only within an eternal family. When families are functioning as designed by God, the relationships found therein are the most valued of mortality. The plan of the Father is that family love and companionship will continue into the eternities. Being one in a family carries a great responsibility of caring, loving, lifting, and strengthening each member of the family so that all can righteously endure to the end in mortality and dwell together throughout eternity. It is not enough just to save ourselves. It is equally important that parents, brothers, and sisters are saved in our families. If we return home alone to our Heavenly Father, we will be asked, "Where is the rest of the family?" This is why we teach that families are forever. The eternal nature of an individual becomes the eternal nature of the family.
The eternal nature of our body and our spirit is a question often pondered by those who live in mortality. All people who will ever live on earth are members of a human family and are eternal children of God, our loving Heavenly Father. After birth and tasting of death in mortality, all will be resurrected because of the Atonement of Jesus Christ, the Only Begotten Son of God the Father. Depending on our individual obedience to the laws, ordinances, and commandments of God, each mortal can have the blessing of attaining eternal life; that is, returning to live in the presence of their Heavenly Father and His Son, Jesus Christ, having eternal increase for all the eternities to come. Through making and keeping the sacred covenants found in the temple ordinances, individuals can return to the presence of God and will be reunited with their families eternally.
The home is where we are nurtured and where we prepare ourselves for living in mortality. It is also where we prepare ourselves for death and for immortality because of our belief and understanding that there is life after death, not only for the individual but also for the family.
Some of the greatest lessons of gospel principles about the eternal nature of the family are learned as we observe how members of the Church, when faced with adversity, apply gospel principles in their lives and in their homes. In the past year I have witnessed the blessings of joy which come to those who honor and revere the gospel teaching of the eternal family during times of adversity in their lives.
A few months ago I had the opportunity of visiting a man who had been diagnosed with a terminal illness. As a devoted priesthood holder, he was confronted with the realities of mortality. He found strength, however, in the example of the Savior, who said, in the Lord's Prayer, "After this manner therefore pray ye: … Thy will be done in earth, as it is in heaven" (Matt. 6:9–10). My friend took courage in knowing that as Jesus was required to endure great pain and agony in the Garden of Gethsemane while completing the atoning sacrifice, He uttered the words, "O my Father, if this cup may not pass away from me, except I drink it, thy will be done" (Matt. 26:42).
My friend came to accept the phrase "Thy will be done" as he faced his own poignant trials and tribulations. As a faithful member of the Church, he was now confronted with some sobering concerns. Particularly touching were his questions, "Have I done all that I need to do to faithfully endure to the end?" "What will death be like?" "Will my family be prepared to stand in faith and be self-reliant when I am gone?"
We had the opportunity to discuss all three questions. They are clearly answered in the doctrine taught to us by our Savior. We discussed how he had spent his life striving to be faithful, to do what God asked of him, to be honest in his dealings with his fellowmen and all others, to care for and love his family. Isn't that what is meant by enduring to the end? We talked about what happens immediately after death, about what God has taught us about the world of spirits. It is a place of paradise and happiness for those who have lived righteous lives. It is not something to fear.
After our conversation, he called together his wife and the extended family—children and grandchildren—to teach them again the doctrine of the Atonement that all will be resurrected. Everyone came to understand that just as the Lord has said, while there will be mourning at the temporary separation, there is no sorrow for those who die in the Lord (see Rev. 14:13; D&C 42:46). His blessing promised him comfort and reassurance that all would be well, that he would not have pain, that he would have additional time to prepare his family for his departure—even that he would know the time of his departure. The family related to me that on the night before he passed away, he said he would go on the morrow. He passed away the next afternoon at peace, with all his family at his side. This is the solace and comfort that comes to us when we understand the gospel plan and know that families are forever.
Contrast these events with an incident which happened to me when I was a young man in my early twenties. While serving in the Air Force, one of the pilots in my squadron crashed on a training mission and was killed. I was assigned to accompany my fallen comrade on his final journey home to be buried in Brooklyn. I had the honor of standing by his family during the viewing and funeral services and of representing our government in presenting the flag to his grieving widow at the graveside. The funeral service was dark and dismal. No mention was made of his goodness or his accomplishments. His name was never mentioned. At the conclusion of the services, his widow turned to me and asked, "Bob, what is really going to happen to Don?" I was then able to give her the sweet doctrine of the Resurrection and the reality that, if baptized and sealed in the temple for time and all eternity, they could be together eternally. The clergyman standing next to her said, "That is the most beautiful doctrine I have ever heard."
The fulness of the gospel of Jesus Christ brings great comfort in stressing times of mortality. It brings light where there is darkness and a calming influence where there is turmoil. It gives eternal hope where there is mortal despair. It is more than just beautiful doctrine. It is a reality in our lives that if we can be obedient and obtain the eternal rewards that God grants us, if we will draw nigh unto Him and embrace the eternal doctrine, we will be blessed.
Another incident that has touched my life recently happened when a young man with a terminal illness passed away. He knew that his illness would first take away his manual dexterity and his ability to walk, then its progression would take his ability to speak, and finally his respiratory system would cease to function. But he also had faith that families are forever. With this knowledge, he spoke to each of his children through video recordings for use when he was gone. He produced recordings to be given to his sons and daughters at important, sacred occasions in their lives, such as baptisms, priesthood ordinations, and weddings. He spoke to them with the tender love of a father who knew that while his family was forever, for a time he would not physically be able to be with them, but spiritually he would never leave their side.
The examples of faith shown by steadfast widows and widowers, along with that of their children, after the passing of a spouse or parent are an inspiration to all of us. Great lessons can be learned as we observe their faith and obedience as they strive to remain faithful so that they can once again be together as families through eternity.
The knowledge and understanding of the doctrine that God lives and Jesus is the Christ and that we have an opportunity to be resurrected and live in the presence of God the Father and His Son, Jesus Christ, makes it possible to endure otherwise tragic events. This doctrine brings a brightness of hope into an otherwise dark and dreary world. It answers the simple questions of where we came from, why we are here, and where we are going. These are truths that must be taught and practiced in our homes.
God lives. Jesus is the Christ. Through His Atonement we will all have the opportunity of being resurrected. This is not just an individual blessing; it is much more than that. It is a blessing to each one of us and to our families. That we may be eternally grateful, that we can live in the presence of God the Eternal Father and His Son Jesus Christ, that we may be together in the eternities to come, that we might understand the joy, and that we not only teach this doctrine but live true to it in our lives and in our families, is my prayer in the name of Jesus Christ, amen.