A political science professor at Cornell College says he's entering politics himself. David Loebsack, a Democrat from Mount Vernon, is running for Iowa's Second District Congressional seat, now held by Jim Leach, a Republican from Iowa City. Loebsack says he's wanted to challenge Leach for a long time. Loebsack says the choice to run was cemented after Congress' 2004 vote to extend the debt ceiling by 800-billion dollars to pay for the war in Iraq and to cover the President's plan to privatize Social Security. He says he was disappointed Leach voted with the majority. Loebsack says Democrats and party activists are anxious to win the district, though he admits it'll be an uphill fight.He says he's talked to many voters from all parties and thinks most people believe "30 years is enough for any representative and it's time for a change." Leach was first elected in 1976. Loebsack is 52 and a Sioux City native. He says he's confident he'll raise the funds needed to compete with Leach.


In the 2nd quarter the global economy continued to expand, with world-wide economic growth accelerating to 4.0%. The leadership of growth shifted back to the U.S., as reflected in individual country stock market results. For the first time in a decade, the unemployment rate dropped below 4%, which is generally considered full employment. Additionally, the U.S. ISM manufacturing index rose in June, to its highest level since 2004. Economic fundamentals remain solid in terms of job growth, manufacturing, and consumer spending. Mean- while, U.S. corporations maintained their strong performance with robust earnings and revenue growth. The impact of the 2017 tax reform bill continues as companies declare plans for their repatriated surplus cash to stock buybacks, dividend increases and other shareholder benefits.
During the first half of the year, the U.S. economy remained in strong growth mode with no threat of recession. As expected, the Federal Reserve implemented a .25% interest rate hike at the meeting on June 13th. For the balance of the year, the Fed has indicated its plan to implement one or two more rate hikes. The 10 year Treasury briefly broke through 3%, to which the markets had a negative response, then quickly settled back into its previous range of 2.75% – 2.85%. The CPI inflation index remained steady, indicating inflation is not a near term threat. The manufacturing index stayed in the high 50's, which is near historic strength, for most of the 2nd quarter.
The S&P 500 has moved out of the correction phase experienced in February, and remains in a narrow trading range. P/E ratios, which represent relative value to other companies in the same industry, have fallen, which has driv- en stocks to better valuations when over- laid with continued strong earnings results. First quarter corporate earnings reports averaged over 24%, and second quarter earnings are expected to come in at the 20% range. There was slight sector rotation at the end of the quarter, with Technology and Consumer Discretionary leading by double digits, followed by Energy and Health Care producing positive results year-to-date. Energy, in particular, was lifted by stronger crude prices.
In recent trading sessions, the unknown depth and length of trade tensions have added to market volatility. As these issues are resolved, the solid corporate earnings growth is anticipated to support market performance as the 2018 year continues. It is also widely understood the trade imbalances are largely overdue for renegotiation, and there is opportunity for the United States to gain better trade deals with the rest of the world.


The DJI Osmo Pocket is small enough to fit in the palm of your hand.
What we'll call the full-sized Osmo was pretty cutting edge when it was released back in 2015. It was really one of the first systems to pair up a camera and gimbal into one package.
This removed the need to physically balance or calibrate a camera, allowing content creators to capture smooth shots with minimal downtime. Supplement this with the very intuitive DJI GO app and all of a sudden, pretty much anybody could pull off dynamic shots that would otherwise require specialist training and/or access to more expensive gear.
DJI has since developed bigger and more capable cameras for the Osmo, and it's also released a newer mobile variation, aptly called the Osmo Mobile. But, there's one area of the market where DJI's gimbals haven't been competing: action cameras.
The Osmo Pocket looks to shrink the successes of DJI's previous models into a more compact and (you guessed it) pocketable system. And indeed, the whole unit looks small enough to fit comfortably into the palm of your hand. At first glance, however, there are some other notable differences. The mount that used to stick out on the original Osmo has been shrunken down – way down - so that you're phone can mount directly onto the Pocket's handle, however you may not feel the need to do that since the handle houses a small 1-inch touchscreen that you can use for both monitoring and playback.
The camera that's housed on the Osmo Pocket's 3-axis gimbal looks like a slimmed down version of the camera found on the Mavic Zoom, but unfortunately, it doesn't have the optical zoom capability that really made the Mavic stand out. However, it still does have some pretty impressive specifications for its size.
It's a 1/2.3" sensor sitting behind a fixed lens, although DJI hasn't said what focal length that lens is, but instead have stated that it's a wide angle with an 80-degree field of view and that it's locked to an aperture of F2. The system can record 4K (UHD) at up to 60fps at 100Mbps, and can take 12MP RAW photos. I must say the test footage that has been released looks very promising – I only wish they offered a higher bitrate recording codec, even if it means dropping the 4K frame rate to 25fps, but at this price-point i'm sure it's something we can easily accept.
You can of course record in Full HD, but this doesn't open up any further slow-motion capabilities, as it's still at a maximum of up to 60fps - so to be honest, you may as well just keep it in 4K to get most out of it. When it comes to audio, the Osmo has built-in dual microphones, aided with some noise-cancelling algorithms to make sure you can capture clean audio on the go. All of this is recorded to a microSD card, of which the Pocket supports up to 256GB. When it comes to battery life, DJI has stated that you should get up to around two hours of shooting time when filming in 4K at 30fps – not bad at all.
Just like the other Osmo models the Osmo Pocket also has some very intelligent features, all to make capturing dynamic shots or epic panoramas that bit easier. You can trigger the ActiveTrack function simply by tapping the subject on the screen that you'd like the camera to track. There's the ability to take 3x3 panoramic images, shoot time and motion-lapses, and a mode we've not seen before called 'FPV' where the gimbal keeps the orientation of the camera in line with the operator's orientation (think riding a rollercoaster), so you can basically shoot the perspective that you're seeing.
Just under the touchscreen is universal port, which is actually where you mount your phone, but what's pretty exciting is that this port can also be used for attaching additional accessories such as a control wheel that will allow you to precisely move the gimbal, or a 3.5mm jack adapter so that you can plug in an external microphone. There's also a port at the bottom of the handle where you can attach the likes of a wireless module. Going back to comparing the Pocket to a GoPro, there's even a waterproof case available, so now wherever you can take your GoPro, you can pretty much take the Osmo Pocket. Lets be honest, mechanical stabilisation is always going to be better than electronic – so will we see users opting for the Pocket instead? Perhaps so - only time will tell.
For the price of just £329 the Osmo Pocket really does have the potential to steal a big chunk of GoPro's action camera market, but not just that, even from themselves. If the Pocket lives up to what we've read and the footage that we've seen up to now, then DJI might find that they're going to have a lot more of the older Osmo models in stock - simply because for the majority of users, the Pocket may just be all they need.
For video and photo enthusiast, heck even professionals, having something this compact and super quick to whip out and get that dynamic shot, well, who wouldn't want this in their kit bag? We'll be looking to test out the Pocket in the near future to really see if this little device can win big.
DJI Ronin 2 Hands-on | Test Footage | The Best Gimbal Out There?


(By Greg Rourke) – Our recent road trip took us to New England, with Maine being our destination. The land of lobsters and Moxie, a soft drink I don't understand the appeal of. It was also the land of this Mack wrecker.
Truck geek or not, anyone who sees a B Model knows it's a Mack. They were built from 1953 until 1966 when the R Model took over. This baby is a B70, one of the heavier haulers and well suited for wrecker duty.
The first thing I noticed was the unconventional wrecker body. Closer inspection shows what I felt was a shop built wrecker, and a very sturdy design. The flat steel was made of half inch or one inch thick material. The welds all looked like stick arc, and well done. The Thermodyne emblems confirmed it is a Mack diesel, likely in the 200 horsepower range.
Not sure which transmission was in it, but two sticks protruding from the floor indicated it took more skills than I posess to drive this beauty. Last registered in 2014, the dirt work contractor that owned it was still in business.
The beautiful New England area, the beaches and mountains, and I find old trucks. You can't take me anywhere.
Video: A Day In The Life Of Richard Petty Circa 1967 Let's Go Drag Racing In 1978! This Footage From An NHRA Points Race In Edmonton Rules!
It looks like it can head out on that next run!
I'd also like to collect the big trucks that those 'grille guards would come off of too!!!


text:
package com.stewsters.util.pathing.twoDimention.pathfinder;

import com.stewsters.util.math.Point2i;
import com.stewsters.util.pathing.twoDimention.heuristic.AStarHeuristic2d;
import com.stewsters.util.pathing.twoDimention.shared.BoundingBox2d;
import com.stewsters.util.pathing.twoDimention.shared.CanOccupy2d;
import com.stewsters.util.pathing.twoDimention.shared.CanTraverse2d;
import com.stewsters.util.pathing.twoDimention.shared.MovementCost2d;
import com.stewsters.util.pathing.twoDimention.shared.PathNode2d;

import java.util.ArrayList;
import java.util.Collections;
import java.util.List;
import java.util.Optional;
import java.util.PriorityQueue;

/**
 * A path finder implementation that uses the AStar heuristic based algorithm
 * to determine a path.
 *
 * @author Kevin Glass
 */
public class AStarPathFinder2d implements PathFinder2d {

    // The set of nodes that we do not yet consider fully searched
    private PriorityQueue<PathNode2d> open = new PriorityQueue<>();

    // The map being searched
    private BoundingBox2d map;

    // The maximum depth of search we're willing to accept before giving up
    private int maxSearchDistance;

    // The complete set of nodes across the map
    private PathNode2d[][] nodes;

    /**
     * Create a path finder
     *
     * @param map               The map to be searched
     * @param maxSearchDistance The maximum depth we'll search before giving up
     */
    public AStarPathFinder2d(BoundingBox2d map, int maxSearchDistance) {

        this.map = map;
        this.maxSearchDistance = maxSearchDistance;

        nodes = new PathNode2d[map.getXSize()][map.getYSize()];
        for (int x = 0; x < map.getXSize(); x++) {
            for (int y = 0; y < map.getYSize(); y++) {
                nodes[x][y] = new PathNode2d(x, y);
            }
        }
    }

    public void reset() {
        open.clear();
        for (int x = 0; x < map.getXSize(); x++) {
            for (int y = 0; y < map.getYSize(); y++) {
                nodes[x][y].closed = false;
            }
        }
    }

    @Override
    public Optional<List<Point2i>> findPath(
            CanTraverse2d canTraverse2d,
            CanOccupy2d canOccupy2d,
            MovementCost2d movementCost2d,
            AStarHeuristic2d heuristic,
            boolean allowDiagMovement,
            int sx, int sy, int tx, int ty) {
        // easy first check, if the destination is blocked, we can't get there

        if (!canOccupy2d.canOccupy(tx, ty)) {
            return Optional.empty();
        }

        reset();

        // initial state for A*. The closed group is empty. Only the starting
        // tile is in the open list and it's already there
        nodes[sx][sy].cost = 0;
        nodes[sx][sy].depth = 0;
        open.add(nodes[sx][sy]);

        nodes[tx][ty].parent = null;

        // while we haven't exceeded our max search depth
        int maxDepth = 0;
        while ((maxDepth < maxSearchDistance) && (open.size() != 0)) {
            // pull out the first PathNode in our open list, this is determined to
            // be the most likely to be the next step based on our heuristic

            PathNode2d current = open.poll();
            if (current == nodes[tx][ty]) {
                break;
            }

            current.closed = true;

            // search through all the neighbors of the current PathNode evaluating them as next steps
            for (int x = -1; x < 2; x++) {
                for (int y = -1; y < 2; y++) {
                    // not a neighbour, its the current tile

                    if ((x == 0) && (y == 0)) {
                        continue;
                    }

                    // if we're not allowing diagonal movement then only
                    // one of x or y can be set

                    if (!allowDiagMovement) {
                        if ((x != 0) && (y != 0)) {
                            continue;
                        }
                    }

                    // determine the location of the neighbour and evaluate it

                    int xp = x + current.x;
                    int yp = y + current.y;

                    if (!isValidLocation(canTraverse2d, sx, sy, xp, yp))
                        continue;

                    // the cost to get to this PathNode is cost the current plus the movement
                    // cost to reach this node. Note that the heuristic value is only used
                    // in the sorted open list

                    float nextStepCost = current.cost + movementCost2d.getCost(current.x, current.y, xp, yp);
                    PathNode2d neighbour = nodes[xp][yp];

                    // if the new cost we've determined for this PathNode is lower than
                    // it has been previously,
                    // there might have been a better path to get to
                    // this PathNode so it needs to be re-evaluated

                    if (nextStepCost < neighbour.cost) {
                        if (open.contains(neighbour)) {
                            open.remove(neighbour);
                        }
                        neighbour.closed = false;
                    }

                    // if the PathNode hasn't already been processed and discarded then
                    // reset it's cost to our current cost and add it as a next possible
                    // step (i.e. to the open list)

                    if (!open.contains(neighbour) && !neighbour.closed) {
                        neighbour.cost = nextStepCost;
                        neighbour.heuristic = heuristic.getCost(map, xp, yp, tx, ty);
                        maxDepth = Math.max(maxDepth, neighbour.setParent(current));
                        open.add(neighbour);
                    }

                }
            }

        }

        // since we've run out of search there was no path. Just return null
        if (nodes[tx][ty].parent == null) {
            return Optional.empty();
        }

        /*
         At this point we've definitely found a path so we can uses the parent
         references of the nodes to find out way from the target location back
         to the start recording the nodes on the way.
        */

        List<Point2i> path = new ArrayList<>();
        PathNode2d target = nodes[tx][ty];
        while (target != nodes[sx][sy]) {
            path.add(new Point2i(target.x, target.y));
            target = target.parent;
        }
        path.add(new Point2i(sx, sy));
        Collections.reverse(path);

        // That's it, we have our path
        return Optional.of(path);
    }

    /**
     * Check if a given location is valid for the supplied mover
     */
    protected boolean isValidLocation(CanTraverse2d canTraverse2d, int sx, int sy, int tx, int ty) {
        if ((tx < 0) || (ty < 0) || (tx >= map.getXSize()) || (ty >= map.getYSize())) {
            return false;
        }
        return canTraverse2d.canTraverse(sx, sy, tx, ty);
    }

}

redpajama_set_name: RedPajamaGithub


Thank you for your interest in Ropes & Gray and congratulations on your clerkship. Former judicial clerks that join Ropes continue their pursuit of intellectual achievement and excellence in legal training and development. Lawyers who do federal appellate, district court or state supreme court clerkships immediately following law school and who then join Ropes & Gray may be eligible for a clerkship bonus when they join the firm.
To apply, please complete an online application by clicking here.


text:
Розпізнавальні знаки автотранспортних засобів країн світу (також Автомобільні коди країн або IVR коди) застосовуються, щоб ідентифікувати держави реєстрації автомобілів. Зазвичай ці коди зображуються заголовними літерами на наліпці овальної форми, яка розміщується на задній частині автомобіля. Спочатку приналежність автомобіля визначалася наліпками, але потім поступово всі країни почали переходити на визначення за автомобільними реєстраційними знаками. У Європейському Союзі овальні наліпки з кодами необов'язкові, позаяк цей код зображується на стандартному реєстраційному номері автомобіля.

Регулювання
Присвоєння кодів регулюється ООН як «Знаки розрізнення автомобілів у міжнародному русі», ґрунтуючись на Женевській конвенції про дорожній рух 1949 року та Віденській конвенції про дорожній рух 1968 року. Багато кодів збігаються з дволітерними або трилітерними кодами ISO 3166-1.

Автомобільні коди країн

Див. також
 Номерний знак транспортного засобу
 Номерні знаки США

Автомобільний транспорт
Автомобільні номерні знаки
Коди країн
Списки кодів
Списки країн

redpajama_set_name: RedPajamaWikipedia


Find the best deals on internet service in Austin Texas when you call us at 1 800 My Bundle. Finding fast and reliable internet at a reasonable price today can seem nearly impossible, but our staff at 1 800 My Bundle will help ensure that no matter how much Netflix you want to stream, you'll be able to save. Cut through the confusion of all the different service providers and their conflicting messages when you call our staff at 1 800 My Bundle, for the best prices on internet service in Austin Texas.
With so many businesses relying upon the internet today, connectivity is vital; 1 800 My Bundle will help your business and your home stay connected with blazing fast speeds, with packages that specifically fit your needs. Your needs are unique, and our staff will work with you to understand your business and home internet usage to help you save on the package that provides you with the services you'll use, without having to pay extra for those you do not.
1 800 My Bundle serves as a landing page for all of your internet, phone and cable service needs, and when you're looking to save on internet bundles in Austin Texas, call our staff for your perfect personalized package. We have partnered with Comcast, Brighthouse Network, Cox Communications, Charter and many of the major service providers throughout the nation; with our broad network of providers, we'll ensure you'll save when you're looking for a new internet provider in Austin.
Save time and money on your cable, internet and phone services when you call us at 1 800 My Bundle. No matter where you are throughout the nation and no matter your needs, our staff will ensure that your business and home are covered in the best internet service in Austin Texas. Take out the headache from searching for service when you call 1 (800) 692-8635.


The Jamesburg New Jersey Elks Lodge held their annual benefit Car-Truck-Motorcycle Show today, October 15, 2016, in conjunction with the Fall Street Fair, run by the town of Jamesburg.
Unlike last weekend, today's weather was picture perfect, with cool temperatures in the morning, but warming just enough by midday, to be quite comfortable.
The Elks Lodge opened their facility to the Show participants, so clean indoor Bathrooms were available to them, and between the Elks, and the other venders from the Street Fair, there was plenty of good food available to all.
The Car-Truck-Motorcycle part of the day's event, drew approximately 20 participants, which while small in number, it was not lacking for variety, with at least 6 of the vehicles present being Motorcycles, and the remainder of the vehicles comprised of four wheeled vehicles, from 1925, to 2013.
At 4:00 P.M. the Awards for the Show participants were given out, and by 4:30 P.M., most everyone was on their way home.


This entry was posted in Healthcare and tagged ACA, Allen West Republic, AllenWest, BarackObama, Bill Clinton, Col Allen West, Healthcare, Insurance, LTC Allen West, Monica Lewinsky, Obama, Obamacare, President, Smoke and Mirror, United States. Bookmark the permalink.
Let no man believe that he no longer has a God given right to freedom and self governess. We are a free people and the inept idea of another ruling your home is despicable. A free man will stand his ground and will deject the notion that another has a right to take away your ability to defend that freedom from all tyranny. We as a free people will take upon our self the ability to remove all who in dark closed door rooms make serious pacts to subjugate our right as a free man and imprison them for ever. We will not obey, We will not surrender to any less than God all mighty. Ralph Gray Vietnam veteran in service 1969-1972 I Salute you Sir.


text:
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Of Genies, Bottles, and Working from Home
September 29, 2020 Client Relations, IT Contracting, IT Contractor LifestyleMorley Surcon
By Morley Surcon,
Vice-President Strategic Accounts & Client Solutions, Western Canada at Eagle
How long does it take to form a new habit? I've read articles claiming a new habit is formed in as little as 21 days, some say 66 days, while others suggest it could take as much as 250 days for complex habits to form (for some people). Regardless, by the time COVID-19 accommodations fully become a thing of the past, a year or more will have gone by — far longer than even the most pessimistic estimates for habit forming. If you consider the changes you've made (and stuck to) in response to COVID, you will recognize some new habits you've formed. And, if these continue, by February/March they will feel pretty comfortable and you might be keeping the changes even after the threat of COVID-19 has passed.
One such change is remote work. Prior to COVID, the technology was there to support virtual teams, but few companies bought into this in any big way; often describing "culture" or process (Agile Scrums?) or fairness to office staff, or lack of control, or… or… or… as reasons not to go all-in on a remote work strategy. Over the past 7 months or so, most "knowledge-workers" have been forced to embrace working from home… and, guess what? Work still got done! Sure, in some cases, there was a transition period where people felt that the accommodations were going to be temporary or short term. But in general, work continued. Companies scrambled to ensure collaboration tools were available for their staff… HR kicked into overdrive to ensure people felt connected and supported. Fun stuff – remote happy-hour – team recipe sharing – virtual mentoring/teaching began popping up to bridge the person-to-person gaps. Introverts (including everyone in my own family) finally have their day in the sun! People began doing what people for millennia have done… they began coping, they made changes that enabled them to carry on and be productive.
And now, we've had a taste of remote work… and many really like it! The majority of the people I've personally spoken with over the past weeks and months have been positive about the changes. No more fighting traffic in the mornings, more time for work AND for home chores – work-life balance became work-life "fusion" and they've felt more productive overall. If the desire for remote work is pervasive, companies will recognize this and begin offering this option to acquire and retain employees. Competition for top resources is fierce and when the companies who offer remote-work begin snapping up more than their fair share of top talent, other companies will be forced to do so also.
Talent acquisition may be the single biggest driver for companies to embrace remote workers. Areas where high-tech is well entrenched – Toronto, Vancouver, Silicon Valley – are expensive to live and often force people into long commutes for reasons of affordability. The tech-companies that call these places their homes are growing quickly and hiring frequently. By embracing a remote worker strategy, they will have access to talent that either can't afford or aren't interested in living in these centers. Local talent pools open up to become a global talent ocean. This was a trend that we began seeing prior to COVID, but now that knowledge workers have remote working experience, we expect this trend to accelerate. Another big driver for business is the savings that can be achieved by reducing the size of their physical corporate footprint. Office space is a big cost item on companies' income statements. They may be able to reduce their office costs by half or more by leveraging more remote work. This is a big enticement for adopting the strategy.
Consultants and contractors, to best take advantage of this shift, it is recommended that you give some thought to your own experiences working remotely. What were some of the challenges that you were able to overcome… what were some of your notable successes? Consider what it is that you've done to be a better "virtual team member" or how you've successfully managed your remote team or how you build value for the companies for which you've worked as a remote member of a team. Find ways to add these successes/best practices into your resume, and be prepared to speak to this should you be interviewed for a role with a remote work component.
The genie is out of the bottle… remote work is now "a thing" and, I believe, that it will be much more prevalent than it had been before COVID!
Bonus: Here's a link to a great article that lists 20 work-from-home tips! (There's many, many such article online!)
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redpajama_set_name: RedPajamaCommonCrawl


The 71st annual Ozaukee County Art Show will be held at the Cedarburg Cultural Center from Friday, March 9, through Sunday, April 22.
The opening reception will be held from 1 to 4 p.m. Sunday, March 18. Gallery tours will be given by a professional artist, and light refreshments will be served.
The exhibit and sale will feature approximately 200 works of original art by amateur and professional adult artists residing, teaching or working in Ozaukee County, as well as original works by Ozaukee County high school students.


A bloem For You, Heather 💖✨. For being who u are, a wonderful friend! 💖. Wallpaper and background images in the jlhfan624 club tagged: photo beautiful friend bff heather magical.
So beautiful, this is definitely going in my saves!
Aww, so glad you like it, Heather!


text:
J.S. v. LOTHIAN HEALTH BOARD
OUTER HOUSE, COURT OF SESSION
[2009] CSOH 97
A519/00
OPINION OF LADY STACEY
in the cause
Pursuer;
LOTHIAN HEALTH BOARD
Defenders:
________________
Pursuers: Dunlop, Q.C. ; Messrs Allan McDougall
Defenders: Crawford, Q.C.; CLO, NHS Scotland
[1] This is an action for damages in respect of loss, injury and damage which the pursuer claims to have suffered due to negligence in her ante-natal care in 1994.
[2] I heard a procedure roll debate. Miss Dunlop for the pursuer tendered a minute of amendment which sought to delete the second pursuer (who had already abandoned his case) and to delete Lothian Primary Care NHS Trust as a defender. The minute of amendment thereby left Lothian Health Board as the defenders. I understood this was required as a result of changes in the organisation of the Health Service. There was no objection on behalf of the defender. I allowed the record to be amended and found no expenses due or by either party in respect of it.
[3] The pursuer gave birth to her son on 6 February 1995. He suffers from cystic fibrosis. Had she been told that the foetus had cystic fibrosis, she would have terminated the pregnancy. She was not so advised and seeks reparation in respect of negligence which she alleges on the part of those attending to her ante-natal care. There are difficult questions about damages in this situation. It was agreed by both parties that these questions be left over and the procedure roll before me was a discussion of the duties which the defenders owe or do not owe to the pursuer.
[4] In July 1994, the pursuer, being pregnant, was referred by her GP to Dr Farquharson, Consultant Obstetrician at the Eastern General Hospital, Edinburgh. In common with other women so referred, she was sent a leaflet prior to her attendance headed "Cystic Fibrosis Carrier Testing for Couples." This leaflet is referred to on record and was produced by Miss Dunlop on the day of the debate. There was no objection and I allowed it to be lodged. The leaflet has no indications on it of its authorship. It sets out a number of questions and answers beginning by explaining what cystic fibrosis is. It goes on to explain that in Britain one person in twenty five has a single cystic fibrosis gene, which is harmless. If a man and woman each carry such a gene, there is a one in four chance that any baby they have will have cystic fibrosis. It is said that this happens to one in six hundred couples. The next two questions and answers are in the following terms:-
"What do I do if I would like to be tested?
We can test to see if you and your partner are cystic fibrosis carriers. At the Ante-Natal Clinic we will take a mouthwash sample from you. With your appointment literature, you will find one specimen container. This is for your partner's mouthwash sample. Please ask him to write his name and date of birth clearly on the container. To give a mouthwash sample, half fill the container with tap water, swill the water several times around the mouth, and spit back into the container. Please bring your partner's mouthwash sample with you to the Clinic.
At the laboratory, the female sample will be tested first. If this is negative (you do not carry a cystic fibrosis gene), the male sample will not be tested. The result will be recorded as COUPLE NEGATIVE. If the female sample is found to be positive (you do carry a cystic fibrosis gene), the male sample is then tested. If this is found to be negative, the result is then recorded as COUPLE NEGATIVE. If however both female and male samples are found to be positive, the result will be recorded as COUPLE POSITIVE.
This test can identify 85% of cystic fibrosis carriers and we can then give you a negative or a positive result. If the result is positive we will contact you within 10 days.
If you and your partner are both found to carry a single cystic fibrosis gene, you will be offered genetic counselling which will give you much more information about the disease. You will be offered amniocentesis or chorionic villus sampling which can tell for certain if the baby has cystic fibrosis. If the result does show that the baby is going to have the disease, you may wish to consider termination of pregnancy."
[5] Thus it can be seen that the leaflet was sent to the pursuer before she went for her first appointment at the hospital (the booking appointment) and that it invited her to bring her partner's mouthwash sample with her if she wanted to be tested. The leaflet explained that in the case of a positive result, she would be offered genetic counselling and further testing with a view to finding out for certain if the foetus had cystic fibrosis. In that event, it is stated that she may wish to consider the termination of the pregnancy. There is nothing in the leaflet about who will carry out the analysis of the mouthwash sample.
[6] The pursuer attended for her appointment and gave her own mouthwash sample. It was sent to the Western General Hospital, Edinburgh for testing. She was advised that it was negative. The pregnancy proceeded and her son was born, suffering from cystic fibrosis. His CF genotype is D508/DF508. She carried the cystic fibrosis mutation DF508 on one chromosome, as did her partner. That being so, there was a significant risk that a child born to them would develop cystic fibrosis. The sample she gave demonstrated a positive result; it was a poor quality sample, however, and should have been repeated.
[7] The defenders admit that the pursuer was referred to the Eastern General Hospital, Edinburgh and that a mouthwash sample was taken at the booking appointment. They admit that it was reported to her as negative; that the pregnancy continued and that a boy was born who suffers from cystic fibrosis. The geno-type and the cystic fibrosis mutation are admitted. The leaflet is referred to for its terms. The pursuer's view on termination is not known and not admitted. There follows a general denial. The defenders then aver that the cystic fibrosis screening test was carried out as part of a research study by the Human Genetics Unit of the University of Edinburgh, led by Professor Brock. The study was carried out on samples obtained by the Eastern General Hospital. The screening was not funded by the Health Board nor by the NHS Trust then responsible for the Eastern General Hospital. It was carried out by an employee of the University of Edinburgh, one Richard Axton. Mr Axton was employed by the University of Edinburgh. The Human Genetics Unit was geographically located in premises at the Western General Hospital. In reply to averments about certain employees, the defenders aver that their employees, including Dr Warner and Annette Gilfillan were prevented by Professor Brock from having involvement in the study. Annette Gilfillan carried out research testing of samples obtained at the Simpson Memorial Maternity Pavilion. Those tests were not part of the Eastern General Hospital study. The result of any screening test carried out on patients at the Eastern General Hospital were sent by the Human Genetics Unit to the Eastern General Hospital for onward transmission to those participating in the screening test.
[8] The pursuer avers that her loss, injury and damage was caused or materially contributed to by the fault of the scientist or scientists who analysed her saliva sample, in the course of their employment. She avers that it was their duty to show the standard of care of scientists of ordinary competence acting with ordinary care and skills. It was their duty to reject any sample of insufficient quality to be reported and separately it was their duty to note the appearance of a faint positive result. It was their duty to conduct a repeat sample. It was their duty not to report that the sample she gave was negative. In these duties they failed.
[9] The defenders' reply to those averments is that there are certain duties of care incumbent upon the scientist or scientists who analysed the pursuer's saliva sample. They aver however that they, the defenders, are not responsible for any acts or omissions on the part of the scientist or scientists under the explanation that they, the defenders, did not employ the scientist or scientists. They were not responsible for the study.
[10] The pursuer goes on to aver that the defenders had a duty to provide the pursuer with ante-natal care, including testing, of the standard of ordinarily competent doctors and scientists, acting with ordinary skill and care. She avers that in the respect set out above she did not receive care of such a standard and thus the defenders are liable to her. The defenders deny these averments.
[11] The factual averments made by the pursuer in response to the defenders averments about Mr Axton are to the effect that in July 1994 the research study referred to was finished. The testing was continuing because obstetricians in Edinburgh, employed by the NHS by the various hospitals where ante-natal care was provided, had requested that it be carried on in view of its usefulness. The pursuer avers that between 1993 and 1997, Professor Brock was head of the department where the pursuer's sample was tested. Within that department at the Western General Hospital there was a team comprising employees of the defender, headed by Dr Warner and including Annette Gilfillan. This team conducted diagnostic testing, not ante-natal testing. There was also a research team, headed by Professor Brock, carrying out ante-natal testing work. This team included Richard Axton, a clinical research scientist. Annette Gilfillan had worked for Edinburgh University, and for Professor Brock, until 31 March 1993. She then transferred to the employment of the defenders and continued to carry out cystic fibrosis ante-natal testing for Professor Brock on samples from women who had attended the Simpson Memorial Maternity Pavilion. From 1998 the ante-natal testing service was carried out by University of Edinburgh employees.
[12] It can be seen from the pleadings therefore that the issue between the parties is whether the defenders owed a duty of care to the pursuer in respect of the laboratory analysis of the sample taken for the purpose of testing for cystic fibrosis and what the scope of any such duty was.
Defender's submissions
[13] Miss Crawford moved me to sustain the defenders' first plea in law, and dismiss the action. She submitted that there was no averment that the analysis of the sample was carried out by an employee for whose actings and omissions the defenders were responsible. The test was done as part of a research study which was not funded by the Health Board and was not carried out by an employee of the defenders. The defenders were not responsible for the research study. The defenders aver that they had no responsibility for the funding of the tests and this is not disputed by the pursuer. The pursuer avers that the defenders had a duty to provide ante-natal care including testing at the standard of a competent doctor or scientist. Thus they are claiming that the basis on which the defenders are liable to the pursuer is that they have a direct duty to the pursuer, not simply to take care in ante-natal care, including testing, but a duty to ensure that care is in fact taken. The proposition for the pursuer is that the defenders are personally and directly responsible for care, including testing. Thus the pursuer must argue that the defender is directly responsible for ensuring that an independent scientist exercises reasonable skill and care in analysing the sample. The case of fault goes far further than saying, for example, that the defender is under a duty to take care that the scientists it uses are reasonably skilled. On the contrary, the pursuer claims that the duty extends to ensuring that the scientist does exercise reasonable skill. Miss Crawford submitted that such a duty is not relevant. It is not relevant to aver that the defenders have responsibility for fault of an independent professional person carrying out analysis. In essence the pursuer is seeking to prove that the defenders were under a non-delegable duty of care, or had a direct duty of care to the pursuer, that duty being a duty to analyse the sample with reasonable care and skill. The person who carried out the analysis was not someone whom the defenders had employed to do so either under a contract of service or under a contract for services. If the defenders are wrong in their submission that such a duty does not exist as a matter of law, then Miss Crawford submitted that there are not enough averments to enable the court to hold that such a duty relevantly arises in these circumstances. She argued that the cases to which I refer below show no binding authority that the duty does extend in this way.
[14] Miss Crawford argued that in general the defenders, as employers, are not liable for the acts and omissions of an independent contractor in carrying out work instructed by the employer. She accepted that there are exceptions to this and that in certain situations an employer may be subject to a primary liability for acts or omissions of an independent contractor. A familiar example arises where there is liability on the employer because he owes a non-delegable duty to his employees to take care regarding a safe system of work and premises. She made reference to the text book Clerk & Lindsell at paragraphs 6-52 and 6-53. She argued that liability under a non-delegable duty was not the same as vicarious liability for the acts of an employee. A non-delegable duty could be described as a personal duty on the employer. Miss Crawford referred to the case of McDermid v Nash Dredging & Reclamation Co Ltd [1987] 1 AC 906. In that case the plaintiff was employed by the defendants as a deckhand working on board a tug owned by a Dutch Company and under the control of a Dutch Captain employed by them. The plaintiff was injured as a result of an accident caused by the Captain failing to adhere to a pre-arranged system. It was held by the House of Lords that the defendants owed the plaintiff a duty of care to devise a safe system of work for him and to see that the system was operated. The Captain's negligence in not operating the system had been central to the operation of the system; the defendants duty of care was non-delegable in the sense that they were personally liable for its performance and could not escape their liability if it was delegated and not properly performed. In the speech of Lord Brandon of Oakbrook at page 919 he set out the essential characteristic of a non-delegable duty in the following way:-
"The essential characteristic of the duty is that, if it is not performed, it is no defence for the employer to show that he delegated its performance to a person, whether his servant or not his servant, whom he reasonably believed to be competent to perform it. Despite such delegation, the employer is liable for the non-performance of the duty."
The question in this case is whether the defenders had such a duty to the pursuer in the carrying out of the analysis in testing for cystic fibrosis.
[15] Miss Crawford submitted that the argument against the defenders may be that they accepted primary responsibility for the pursuer in her ante-natal care. If the pursuer were to seek to argue by analogy from the decision in the case of McDermid v Nash then Miss Crawford would argue that the responsibilities accepted by the defenders in the present case do not include the responsibility to ensure that the samples were analysed with reasonable care and skill. Miss Crawford submitted that the decision as to whether a duty exists at common law depends on the facts and circumstance of each case. She accepted that the categories of non-delegable duty are not closed. She noted, as an example, the case of Rodgers v Knight Riders [1983] RTR 324 in which the Court of Appeal found that the defendants, who operated a mini-cab service, were liable for the negligence of one of their drivers despite the fact that the driver was an independent contractor. This was so because the defendants had held themselves out to the general public as a mini-cab firm and had undertaken to provide a mini-cab for the claimant. Thus in the current case, whilst she made no concession, Miss Crawford submitted that there may have been a non-delegable duty to take reasonable care in the organisation of a regime for its patients.
[16] In the case of Farraj v Kings Healthcare Trust and another [2008] EWHC 2468 (QB) a similar situation arose. The claimants were parents of a child born suffering from an inherited blood disorder known as BTM. The family lived in Jordan, where the birth took place. The first defendant 'KCH' undertook genetic testing of a sample provided from Jordan and the second defendant, 'CSL' cultured the sample. The testing by KCH was done pursuant to a contract with the Jordanian government. CSL contracted with KCH to undertake the culturing. Due to a lack of communication between the defendants a report was provided by KCH to the effect that the foetus would not suffer BTM. That was wrong. Proceedings were served on KCH who in defence averred that the culturing of cells was the responsibility of CSL, for whom KCH had no legal responsibility. The claimants then averred that the duty owed to them by KCH was non delegable so that in so far as failure might rest with CSL, KCH was nonetheless liable for it. The argument for the claimants is set out in paragraphs 44 and 45. The starting point was the observation of Lord Browne Wilkinson in X v Bedfordshire County Council [1995] 2 AC 633 at 740:
'It is established that those conducting a hospital are under a direct duty of care to those admitted as patients to the hospital (I express no view as to the extent of that duty). They are liable for the negligent acts of a member of the hospital staff which constitute a breach of that duty, whether or not the member of staff is himself in breach of a separate duty of care owed by him to the plaintiff…'.
It was argued that there is no difference in tort when a laboratory is offering clinical services and subcontracts part of the work to a separate organisation. Counsel sought to find support in the analysis by Lord Phillips M. R. in A v Ministry of Defence [2005] QB 183. However the court in the Farraj case noted that the court in A v Ministry of Defence rejected that argument because the Ministry had no control over what occurred in the hospital which had care of the patient. The decision in Farraj was that the claimants had not established the existence of a non delegable duty on KCH. CSL were independent subcontractors, and KCH were entitled to rely on their expertise. This was an application of the ordinary principles governing independent sub contractors. Miss Crawford argued that the present case was on all fours with Farraj.
[17] Counsel then addressed the case of A v The Ministry of Defence [2005] QB183. This case related to negligence in childbirth. The mother was the wife of a serving soldier, living in Germany. The baby was delivered by a German obstetrician in a German hospital. The baby was born in 1998. Before 1996 the Ministry of Defence had provided servicemen and their dependants living in Germany with hospital treatment in British Military Hospitals staffed by Ministry employees. After 1996 the Ministry closed its hospitals and contracted with an English NHS Trust for that Trust to arrange for designated German hospital providers to provide secondary healthcare for servicemen and their dependants in German hospitals. It was accepted at trial that the defendants, the Ministry of Defence, were not vicariously responsible for the negligent acts or omissions of the doctors in the German hospitals. The question before the court was whether the Ministry of Defence had a personal duty to exercise reasonable care in provision of medical services, which duty it could not delegate. The court found that in the circumstances in 1998, the Ministry had no control over the environment in which the child suffered injury at birth and it therefore did not owe a non-delegable duty at common law to ensure that mother and child were provided with medical treatment that was administered with proper skill and care. Thus, the mother would be obliged to raise any action against the German hospital. Miss Crawford made reference to the opinion of Lord Phillips, M.R. at paragraph 29, in which his Lordship set out the general rule that a defendant will be liable for the negligent act of a servant committed in the course of his employment but not for the negligent act of an independent contractor. He recognised that there are cases in which an obligation may be imposed on a person to ensure that an act is done and done carefully in which case that person cannot rely on the fact that the work is done by an independent contractor as a defence. The difficulty is to identify the circumstances in which such a duty is imposed. At paragraph 32 he said:
"Those responsible for the operation of a hospital offer a medical service to those whom they accept for treatment. Some of the authorities recognised that this acceptance for treatment carries with it personal positive duties to the patient which cannot be discharged by delegation. It is important at the outset to distinguish between four types of duties.
(1) a duty to use reasonable care to provide access to hospital care.
(2) a duty to use reasonable care to ensure that the hospital staff, facilities and organisation provided are those appropriate to provide a safe and satisfactory medical service for the patient. This is an organisational duty.
(3) a duty to ensure that the treatment administered by the hospital to the patient is administered with a reasonable skill and care. This duty will be broken if one of the hospital staff, however competent, commits an isolated act of negligence in the treatment of the hospital.
(4) a duty to ensure that the patient comes to no harm while in the hospital. This is a duty that amounts to a guarantee that the patient will receive the appropriate treatment. It will be broken if there is as failure to administer the appropriate treatment, even if this does not involve negligence on the part of anyone".
[18] The court found that there was no non delegable duty in the circumstances of the case. Miss Crawford argued that this was persuasive in deciding the present case. [19] Miss Crawford then considered a trilogy of cases starting with Gold v Essex County Council [1942] 2 KB 293, moving to Cassidy v The Ministry of Health [1951] 2 KB 343 and ending with Roe v Ministry of Health [1954] 2 QB 66. In these three cases, which span the introduction of the National Health Service in 1948, the position of doctors in providing health care was considered. The history of changing conditions in the provision of health care can be seen. In Gold, decided in 1942, it was established that a local authority carrying on a public hospital owes a patient a duty to nurse and treat him properly and is liable for negligence, even though the negligence arises from a servant who is engaged on work involving the exercise of professional skills. The authority was found liable to the plaintiff for the negligent act of a radiographer who was a full-time employee. Lord Greene M. R. analysed the law of England as it then stood and could find no reason why the authority responsible for running a hospital would not be liable for negligence on the part of skilled persons such as a radiographer employed there full-time. The context of his judgment was that of its time, when consultant physicians and surgeons were not regarded as employees of hospital boards (many of which were charities) and therefore were not persons for whom the boards had vicarious liability; nor were their activities carried out by them on behalf of the boards in any sense. In his judgment however, Lord Greene M.R. found the full-time employed radiographer to be in a different position. Goddard L J found the authority liable for those properly described as its servants, which included many and varied professional people such as nurses, radiographers, accountants and engineers. Doctors were at that time still in a different category. The case of Cassidy v Ministry of Health was decided in 1951. The plaintiff suffered loss injury and damage due to the negligence of a house surgeon and other medical staff all of whom were employed under contracts of service. The Ministry was found liable. Somervell L.J. found that the doctors who had treated the plaintiff were employed under contracts of service, notwithstanding that they were skilfully qualified persons. Singleton L.J. agreed. Denning L.J. said:
"In my opinion, authorities who run a hospital, be they local authorities, government boards, or any other corporation, are in law under the self same duty as the humblest doctors; whenever they accept a patient for treatment they must use reasonable care and skill to cure him of his ailment. The hospital cannot of course do it by themselves. They have no ears to listen through the stethoscope and no hands to hold the surgeon's knives. They must do it by the staff which they employ; and if their staff are negligent in giving the treatment, they are just as liable for that negligence as is anyone else who employs others to do his duties for him…the reason why the employers are liable in such cases is not because they can control the way in which the work is done – they often have not sufficient knowledge to do so – but because they employ the staff and have chosen them for the task and have in their hands the ultimate sanction for good conduct, the power of dismissal."
[20] Thus it can be seen that Denning L.J. did not hold that liability depended on whether the work was carried out under a contract of service or a contract for services. He said:
"I take it to be clear law, as well as good sense, that where a person is himself under a duty to use care, he cannot get rid of his responsibility by delegating the performance of it to someone else, no matter whether the delegation be to a servant under a contract of service or to an independent contractor under a contract for services."
Of the particular plaintiff in the case his Lordship said:
"The plaintiff knew nothing of the terms in which they employed their staff; all he knew was that he was treated in the hospital by people whom the hospital authorities had appointed."
[21] In the case of Roe, decided in 1954, the authority running the hospital was found liable for the negligence of an anaesthetist. Denning L.J. held that authorities would be responsible for doctors who worked at the hospital unless the doctor was engaged by the patient himself.
[22] Miss Crawford argued that these cases were not authority for the proposition that the hospital authority was liable for all independent contractors. She made reference to the case of X v Bedfordshire County Council [1995] 3 WLR 152 and to the full quotation from the speech of Lord Browne-Wilkinson at pages 740 as follows:-
"The position can be illustrated by reference to the hospital cases. It is established that those conducting a hospital are under a direct duty of care to those admitted as patients to the hospital (I express no view as to the extent of that duty). They are liable for the negligent acts of a member of the hospital staff which constitute a breach of that duty, whether or not the member of the staff is himself in breach of a separate duty owed by him to the plaintiff; Gold v Essex County Council, Cassidy v Ministry of Health, Rowe v Ministry of Health; also Wilsons and Clyde Coal Co Ltd v English [1938] AC 57, McDermid v Nash. Therefore in the cases under appeal, even where there is no allegation of a separate duty of care owed by a servant of the authority to the plaintiff, the negligent acts of that servant are capable of constituting a breach of duty of care (if any) owed directly by the authority to the plaintiff."
[23] Recognising that the cases of Gold, Cassidy, and Roe were approved in X v Bedfordshire, and that the speech of Lord Browne-Wilkinson could be read as approval, albeit obiter, of the existence of a direct duty to see that care is taken, Miss Crawford submitted that the three cases referred to staff employed by the hospital, and that Lord Browne-Wilkinson also referred to staff. In the present case, the scientist could not be seen as "staff".
[24] Miss Crawford addressed the case of Ellis v Wallsend District Hospital [1989] 17 NSW LR 553 and submitted that while it contains an interesting discussion of the way in which liability in this area of the law has developed, it was difficult to know what the ratio of the case is. In any event it was clear that the doctor in that case said to have been negligent was part of the organisation of the hospital in the sense that he carried out his duties there; but the question of the existence and scope of any duty of care was dependent on the facts.
[25] Miss Crawford argued that the case of A v Ministry of Defence gave no support to the existence of a non-delegable duty of care in the present case. She argued that it was not fair, just and reasonable to put that duty onto the Health Board because the analysis was done by outside contractors. The extent of assumption of responsibility in accepting the pursuer for ante-natal treatment was to take care in the provision of the treatment which could include taking care in having offered screening by arranging who will do the analysis but that assumption of responsibility did not extend to ensuring that the samples would in fact be tested with reasonable care and skill. While it might seem attractive to argue that the defenders had a responsibility to ensure that independent scientists would take reasonable care and would exercise reasonable skill, the argument is not supported by authority. There is no question of the pursuer as being left without a remedy as she could sue the employers of the scientists, the University of Edinburgh.
[26] Miss Crawford moved the court to sustain the first plea in law for the defenders and dismiss the case as irrelevant.
The pursuer's submissions
[27] Miss Dunlop recognised that the pursuer argues that the defenders are liable in negligence even though the individual said to have been negligent was not an employee of the defenders. She pointed out that the pursuer had no way of knowing who exactly was doing the analysis. On the facts averred in this case there appears to be a very close relationship between the scientist and the hospitals because if the pursuer had gone to the Simpson Memorial Maternity Pavilion she would have had her sample analysed by Annette Gilfillan who was an NHS employee. Because she went to the Eastern General Hospital her analysis was done by Mr Axton who is said not to be an employee. That illustrates the difficulty for the pursuer. She simply attended hospital as told to do by her GP and had no way of knowing what would happen thereafter. Miss Dunlop referred to the text book Winfield & Jolowicz at page 880 and 888. The authors there raised the difficulty which has arisen in the present case. They state at page 889 as follows:-
"Alternatively if A is at fault but is not a servant, it may well be the case now that, having accepted responsibility for treatment, the hospital owes a non-delegable duty to ensure that proper care is taken. Modern developments in the organisation of healthcare may, however, produce more complex problems. For example, a public health agency may send a patient into the private sector or even abroad for treatment. Of course the actual provider of the treatment may incur liability for any damage resulting therefrom, but what is the position of the Health Trust which "sends" the patient? In A v Ministry of Defence, the Ministry cease to provide direct hospital care for British Forces in Germany and their families and entered into an arrangement whereby an English NHS Trust was to procure it from local hospitals. When the claimant suffered brain damage at birth, the Court of Appeal held that the Ministry was not liable for the fault of the doctor in the German hospital. It was the case that the Ministry was bound to take care to ensure that proper facilities were available in Germany but no non-delegable duty making it liable for individual acts of negligence arose because it was not providing treatment itself. This case is not quite on all fours of the standard arrangement whereby an NHS Trust having been approached by a patient in England procures treatment abroad and the decision is not perhaps decisive on that issue."
[28] Miss Dunlop referred to the case of Macdonald v The Board of Management for Glasgow Western Hospitals 1954 SC 453. Two actions were heard together in which Boards of Management pleaded that they were not liable for the negligence of their resident medical officers. Proof before answer, limited to the question of the relationship between the boards and the medical officers and the extent of the direction and control exercisable by the Boards over them was allowed and thereafter the Inner House reversed the judgment of the Outer House and held that the Boards of Management were responsible for any negligence established on the part of their resident medical officers. Opinions were reserved as to the position of visiting consultants. In the opinion of the Lord President (Cooper) at page 478 he said:
"Under the new Act and regulations the obligation on the state is, in my view, to treat the patient and not merely to make arrangements for his treatment by and at the sole responsibility of independent contractors. We are not here concerned with the visiting consultants called in for a special purpose (if such persons still exist and are entitled to the description applied to them in some of the cases of 'honorary' consultants), but with members of the permanent staff and organisation of the hospital, who, on the evidence in this case I am prepared to regard as servants of the Board for the purposes of the rule of respondeat superior, at least as the agents to whom the Board have delegated their performance of part of the duties which are imposed by statute on the Board."
[29] Miss Dunlop argued that the case of Macdonald had not been overruled and while it does not appear to have been often cited, is not to be disregarded. While it is expressed in the language of vicarious liability, it can be read as to indicate that the hospital management are responsible for ordinary standard treatment provided to patients. In the present case, Miss Dunlop argued that Miss S went for ordinary standard ante-natal care and that she was entitled to rely on the hospital having a duty to take reasonable care to provide it. Miss Dunlop argued that the idea of vicarious liability depends on the relationship between the defender and the wrong doer. The employer is fixed with liability for his employees' actions because he is the employer and because the wrong doer is acting in the course of his employment. The non-delegable duty, in contrast, depends on the relationship between the defender and the pursuer. The defender is fixed with liability because he has assumed responsibility for the well being of the pursuer.
[30] Miss Dunlop addressed me on the case of A v Ministry of Defence. She argued that the trilogy of older English cases (Gold, Cassidy, and Roe), go further than Lord Phillips M.R. appeared to recognise, and that in any event his Lordship was correct in stating that there is a strong argument of policy for holding that a hospital which offers treatment to a patient accepts responsibility for the care with which that treatment is administered regardless of the status of the person employed or engaged to deliver the treatment. The facts of that case were of course different from the present one in that there was another layer of authority, it being the Ministry of Defence, not a hospital board, on which the plaintiff sought to fix responsibility. The position had been accepted by Lord Browne-Wilkinson in X v Bedfordshire County Council.
[31] Miss Dunlop summed up her position by stating that Macdonald was Inner House authority for the proposition that the obligation of an NHS Hospital Board goes beyond arranging treatment to the provision of treatment itself so that liability for negligence in that treatment cannot be avoided by sheltering behind the appointment of a competent person. There are obiter dicta of a very high authority that a hospital owes a direct duty to a patient in the case of X v Bedfordshire. In A v The Ministry of Defence there is obiter dicta of high authority that there are strong policy reasons for holding that a hospital which offers treatment to a patient accepts responsibility for the care with which that treatment is administered regardless of the status of the person employed or engaged to deliver the treatment. She argued that the trilogy of English cases do provide authority for the proposition that a hospital has a direct duty to a patient and that the scope of that duty includes the work of the scientist in carrying out the analysis in this case. The more recent case of A v Ministry of Defence provided persuasive reasoning. Miss Dunlop also referred to Albrighton v Royal Prince Alfred Hospital [1980] 2 NSW LR 542, which is referred to in Ellis. She argued in Australia it has been held that a hospital owes a non-delegable duty of care to a patient accepted for treatment.
[32] Miss Dunlop's position was that the case should proceed to a proof before answer.
Reply for the defenders
[33] In reply, Miss Crawford argued that the ratio of Macdonald is not that of the existence of a non-delegable duty but rather is that the duty lies on an authority where they have an employed doctor. Therefore any dicta in the case about non-delegable duties are obiter. She argued that the ratio does not extend to the situation where the hospital contracts with another institution, such as the University, to provide testing in a laboratory. Miss Crawford argued that if Miss Dunlop was correct, then if a patient were to be admitted to hospital and examined by doctors there who decided that another specialism was needed and so transferred the patient to another hospital then the first hospital would still be liable for anything done by the second one. She argued that the cases from Australia were not particularly helpful.
[34] At the heart of vicarious liability is the relationship between defender and wrong doer whereas in non-delegable duties the focus is on the relationship between defender and pursuer. She argued that in this case there is nothing in the averments about that relationship to allow the court to infer that there was a non-delegable duty.
[35] In my opinion there is sufficient in the pursuer's pleading to allow a proof before answer. The pursuer attended hospital because she was referred by her GP for standard ante-natal care. She received the leaflet relating to cystic fibrosis from the hospital, and accepted the invitation contained in it to have testing. There is nothing in the leaflet which indicates that the analysis would be carried out by anybody other than the hospital. It is plain from the leaflet that should the test prove positive, the hospital would then arrange for further testing and information to be given to the patient. The matter is plainly very important as it is noted in the leaflet that a positive test may, after further testing, result in the patient being offered a termination. It would in my opinion be open to a patient to think that the hospital, in offering a test, was offering to analyse any samples given. There is nothing in the leaflet, nor is there anything in the pleading to indicate that the offer of the test was in any way unusual or some type of "extra" not normally offered in maternity care at the time. It is apparent from the pleadings that other expectant mothers in Edinburgh were offered the same test and that they had the analysis carried out by a person employed by the defenders. Thus there may be circumstances both relating subjectively to the pursuer's perception and objectively to the whole circumstances which affect the question of whether the defenders have assumed responsibility and whether it would be fair, just and reasonable to fix them with a duty as argued by the pursuer.
[36] I accept that Miss Crawford is correct to say that none of the cases discussed in terms address the situation which arises in this case. The hospital cases deal with situations in which the duties incumbent upon hospital authorities were evolving over a period and were changing from the set up which had been common in the first part of the 20th Century when hospitals were run by Charity Boards as places at which independent consultants arranged to treat their patients. After the inception of the Health Service in 1948 the status of consultants did not change immediately but it is plain that hospitals employed house staff and that even before the inception of the National Health Service, in the case of Gold, it is plain that English law regarded the hospital authorities as liable for radiographers who, while not doctors, are certainly skilled staff. In the present case the negligence which is claimed to have happened, happened at the hand of a scientist rather than of a doctor. I appreciate that the defenders did not have control over the work carried out by that scientist but it seems to me that the control test was disapproved in this situation by Lord Denning in 1951 in the case of Cassidy at least in so far as relating to doctors. It does seem to me that the test rather is whether or not the hospital assumed responsibility for the well being of the patient. I do not find the case of X v Bedfordshire particularly helpful as Lord Browne- Wilkinson does not discuss the scope of the duties. Similarly I do not find the case of A v Ministry of Defence particularly helpful as it seems to me that the ratio of that case is that the Ministry of Defence was not liable to the plaintiff because the Ministry of Defence is not in the business of providing healthcare. The defenders in the present case are. I did not find the case of Farraj helpful. It was decided at proof and there is no meaningful analysis of the basis of liability.
[37] Counsel also referred to the case of Robertson v Nottingham Health Authority [1997] 8 Med LR1, which in my view was essentially concerned with the proposition that a health authority has a non delegable duty to establish a proper system of care, which is not as I understand it in dispute. The case of M v Calderdale & Kirklees Health Authority [1998] Lloyd's Law reports 157 was also produced. Both counsel took the view that it should be produced, but neither placed any reliance on it, it having been effectively disapproved in A v Ministry of Defence. I agree with them.
[38] Counsel for the pursuer submitted under reference to Jamieson v Jamieson 1952 SC (HL) 44 that the case should not be dismissed at procedure roll unless it was clear that it must fail. I took the view that the pleadings, while sparse, were sufficient to allow inquiry. It seemed to me necessary to ascertain the facts in order to decide on the scope of any duty owed by the defenders to the pursuer.
[39] Consequently I will appoint this case to proof before answer, leaving the defenders first plea in law standing.


The Agriturismo Podere Campalto is made up of 5 apartments in an old, rural country house, wisely restored and situated in 400 square metres of natural garden. Each comfortable apartment has air conditioning, satellite TV, use of the laundry and covered parking area.
In the large garden our guests can. relax in the shade of the large pine trees, sunbathe on our `solarium' with a splendid sea view and dedicate themselves to cooking with the barbeque or pizza oven.
The Agriturismo Podere Campalto, immersed in the countryside and in contact with nature is the ideal base for walks in the open air.
Only 5 minutes away from the beaches of Rimigliano and Baratti and the hot waters of the thermal lake ' Calidario '.
3 room apartments with: 2 bedrooms, living room with sofa bed, cooking area, bathroom, shared garden with table and chairs where you an eat outside.


WATERLOO — Trek Bicycles has decided to end its business relationship with Lance Armstrong.
Last week, the U.S. Anti-Doping Agency said it had uncovered overwhelming evidence of Armstrong's involvement in a sophisticated doping program while a professional cyclist. Armstrong has consistently denied the claims.


We mention at the top of the episode there are some excellent resources to understand what ICE is, and what the phrase "Abolish ICE" actually means in a policy and historical context. You can check out the Vox article we mention, or look at some other sources. The Week does a quick rundown on the inefficiency and lack of oversight in ICE's operation. The article calls the Abolish ICE movement as a rare push by the Left for smaller, more efficient government. Finally, the NY Times has an article that links to the news stories the Left has been reacting when it comes to ICE's abuses.
Erik makes note that the punishments for failing to voluntarily deport can often be as light as a fine. This comes from U.S. Code § 1253 – Penalties related to removal. Pablo also failed to qualify under the criminal statutes. However, depending on the outcome of his next court appearance, he will be placed under a harsh legal guideline with little room for interpretation by a judge or attorney general.
Surveillance was a topic we discussed in our very first episode.
We briefly mentioned the intense surveillance that the Arab-American community has been under since 9/11 in Bay Ridge. The NYPD had set up a notorious spy operation known as the "Demographics Unit" to spy on our neighbors. It was shut down by a lawsuit but keeps going in other forms. Infiltration of religious centers and nonprofits, tailing and following our neighbors, and more, have occurred. Unlike the surveillance programs against other criminal enterprises, the spying on Arab-Americans was so intense the NYPD overturned 30-year-old civil rights laws in order to target them based on Religion. Doing so was unconstitutional. Other tactics included X-Ray scans of peoples homes and cars without a warrant.
While setting the scene, we quickly make a few statements about Pablo's arrest on the base.
He was carrying his IDNYC card.
A guard on the base may have had it out for him.
The Army staff sergeant who ordered the pizza knew Pablo, and tried to intercede on his behalf.
Pablo claims he never signed a waiver allowing a background check, and his lawyers are suing for evidence that he had.
Military bases often have discretion on whether they detain people instead of turning them away. They decide whether they call the agencies who had issued a warrant. It changes depending on the base, especially in regards to civilian visitors. If Fort Hamilton universally detains people with civil offenses attempting to access the base, Senator Marty Golden would have been arrested long ago.
The Brooklyn Paper reported that multiple neighborhood restaurants refuse to deliver to the base due to bias against their workers.
This episode was recorded on-location by Mary Hetteix and in our Bay Ridge studio by Daniel Hetteix and Erik Shell. Post-production and editing are by Daniel Hetteix.


text:
Promalactis spinosicornuta is a moth of the family Oecophoridae. It is found in the Tibet Autonomous Region of China.

The wingspan is about 9 mm. The forewings are ochreous brown, sporadically with black scales. The markings are white sparsely edged with black scales. The hindwings and cilia are greyish brown.

Etymology
The specific name is derived from Latin spinosus (meaning having spines) and cornutus and refers to the numerous cornuti (horns).

References

Moths described in 2013
Oecophorinae
Insects of China


Here's a great idea for decorating a new home and giving it some character! Make your own DIY antique headboards.
This particular guide shows you how to use some of the cheapest wood you can buy, antique it and make it look like you spent some good money on some really old and nice stuff.
Aged and rustic looking wood looks really great on a nice freshly painted wall. If you are in need of some new beds and are handy…. This would be a great project to tackle!


How do I register as a regular patient ?
Providing you live within our Practice area, you can register with us by calling into the Practice and completing a Registration Form and providing two forms of ID (one with a photograph and one confirming your address). You will be asked to complete a New Patient Questionnaire at the same time. Your records will then be transferred to us by the Health Authority from your previous practice.
Please note you will NOT be registered at the Practice unless you complete a New Patient Questionnaire,Registration Form and provide two forms of identification.
How do I register as a temporary patient?
A Temporary Patient service is provided for anyone who is staying within our Practice area - whilst on holiday, staying with relatives etc. If you need to see a doctor or nurse, just call into the Practice, where you will be asked to complete a temporary registration form and provide two forms of ID (one with a photograph and one confirming your address). You will then be offered an appointment with a doctor within 48 hours, or nurse within 24 hours.
If you wish to start the process of registration online please click on the link below to open the form. When you have completed all of the details including your NHS number, click on the "Send" button to email your form to us. Please NOTE:You will need to bring two forms of ID into the Practice before we can fully complete your registration.
The New Patient Health and Alcohol Consumption Questionnaires ensures that we have important information as it can take a considerable time for us to receive your medical records. When you come to the surgery you will be asked to sign this form to confirm that the details are correct.
Alternatively you may print off a registration form, fill it out and bring it in with you on your first visit to the practice with two forms of ID.


This entry was posted in Studio News and tagged green, St. Patrick's Day. Bookmark the permalink.
← Bunny Chairs for Spring!
And Saint Patrick arrives with green hope. So announces his arrival all dressed in green.


If your account recovery options have never been configured or Computer Services has cleared your security questions/account recovery e-mail, then you can follow the steps in this guide to get them set up once again and saved.
Go to the website cams.missouristate.edu.
Click I don't remember my password.
Enter your Bear Pass Login (eg. abc123). Click Submit.
Click the link that says click to configure your account recovery options.
Enter your Bear Pass Number (eg. M01234567). Click Next.
Click the link that says I don't have a confirmation code.
Enter your Bear Pass Number and last name. Click Next.
Send the Confirmation Code by clicking Send Code.
If this is an e-mail you cannot access, click the button that says Use Alternate and enter your alternate e-mail address.
Enter your first and last name, date of birth, primary street address, and primary phone number (you may leave the secondary phone number blank).
If you receive the message Identity Verification Pending Your Identity Must Be Manually Reviewed you should check your e-mail for a message that will indicate which piece of information did not match our records which you will receive within one business day.
If you receive this e-mail you can update your information by calling the office of registration (417-836-5520) or receive assistance by calling the Help Desk (417-836-5891) between 8am-5pm on Monday-Friday.
Enter the Confirmation Code on the previous page.
Answer all four security questions, which can each be adjusted by using the drop down menu and click Save.
You will then be able to update the password following the steps in this guide: How to Change Your Password.


Jan 16, 2019 – Rent from people in Tucson, AZ from $20/night. Find unique places to stay with local hosts in 191 countries. Belong anywhere with Airbnb.
Reviews on Night Clubs 18 and Over in Tucson, AZ – Sky Bar, Zen Rock, Club XS , R Bar, Unscrewed … Went there on a Saturday night, 10/20/2018 at 7 pm.


dip creates cost-efficient building concepts with minimal maintenance costs and a maximum useful life. Our goal is to construct industrial buildings and parking garages, which are perfect both technically and economically whose appealing architecture also excels. As a leader for quality in our industry, dip developed the dip ceiling construction system for parking garages, which fulfils the most stringent demands: It uses only the highest quality of materials. Its innovative construction is not only long-lasting, but is fully adaptable. It gives architects the full range of design possibilities.
You can also enjoy the benefits of our tried and tested dip ceiling.
Our list of references speaks for itself.
We strategically specialised in what we do best: Planning and constructing turn-key industrial buildings and parking garages. Dip's experience and expertise have made it a quality leader in this area offering excellent value for money, which continues to win over architects and builders.


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No impact from Jordan Ayew as Ghana claim victory against Uganda
Jordan Ayew didn't make a huge dent in today's game.
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Uganda's return to the Africa Cup of Nations after 39 years away was spoiled by a Ghana team that would have ran rampant if not for far too many small, and stupid mistakes.
'The Black Stars' opened their scoring through Andre Ayew, who converted a penalty rather cheekily won by former Sunderland man Asamoah Gyan. They would come close to scoring again many times during the match, but decided not to apply the pressure towards the end of the match.
Ghana's forward corps of Atsu, Gyan and the Ayew brothers were given license to run wild by a poor Uganda defence. The Cranes of Uganda just couldn't keep up and for whatever reason - Ghana switched off with ten minutes to go instead of pressing for another goal to put the match away.
The decision to park the bus is made even more strange by the fact that Ghana consistently made errors in the defensive third and if not for a world class tackle by Amarte - they would have allowed a Uganda equaliser. The match was there for the taking for Ghana, but they refused to actually, you know, take it. Uganda came out with some fight in the second half, especially late on and should be encouraged by this performance.
As for Jordan Ayew - he had his moments of brilliance, but couldn't find a way to make a true impact in the match. A familiar story for Villa fans.
Also - if Villa need a new keeper, they should look no further than Uganda's Denis Onyango:
I was bashing Uganda's squad, but it appears that Denis Onyango is a very good goalkeeper. From @Ranking_IFFHS:https://t.co/9EulrTQWW3 pic.twitter.com/Amfy8p0935
— Jack Grimse (@JackGrimse) January 17, 2017


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First Librarian-in-Residence Completes Fellowship
Features Features (News) — 21 July 2014
Wanda Perez
The university's first-ever Librarian-in-Residence completed her month-long fellowship at Evans Library in May.
Wanda Pérez, an instructional librarian and associate professor at University of Puerto Rico's Mayagüez Campus, delivered presentations to library staff during her fellowship.
Much of her work focused on better acclimating library staff to the specific challenges faced by international students and how best to ensure these students take full advantage of the library's staff, materials and research options.
She worked with Dean of Libraries Sohair Wastawy, Holly Miller, director of the library's research collection, and Kathy Turner, associate dean of libraries. Pérez also collaborated with Florida Tech's Institute for Cross Cultural Management to find innovative ways to reach multinational companies.
One of her best experiences was giving a presentation entirely in English for the first time.
Pérez's introduction to Florida Tech happened thanks to her daughter, Coralys, who graduated May 3 with a degree in forensic psychology. Knowing she would be staying with her daughter in Melbourne for the month, Perez-Rios contacted Florida Tech in March to enquire about working as a volunteer at the library while further improving her English.
Instead, Wastawy ended up offering the Librarian-in-Residence fellowship. Pérez said she was thrilled with the opportunity.
"I'm so grateful to Kathy, to Dr. Wastawy and all the librarians," Pérez said. "It has been a great professional development experience.\"


2. Place the butter in a large bowl and using an electric whisk, beat together with the sugar and lemon zest until light and pale. Gradually whisk in the coconut cream and eggs adding a little flour to prevent it curdling. Sift in the remaining flour, baking powder and the desiccated coconut and fold until well combined. Divide the mixture equally between the tins, levelling the surfaces. Bake for 25–30 minutes until golden. Cool in the tins for 15 minutes before turning out onto a wire rack to cool completely.
3. For the filling, whip the cream to soft peaks with the coconut cream and then swirl through the lemon curd. Sandwich between the cakes, dust with icing sugar and then decorate with the wafer daisies, if you like.


Is sustaining inflated house prices a worthy goal of public policy?
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Which bubble era cities will crumble to dust?
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Home / Call for Kenyan prosecuted with assistance of British authorities to receive fair hearing
Call for Kenyan prosecuted with assistance of British authorities to receive fair hearing
Judith Tebbutt, a British tourist kidnapped in Kenya in 2011 with her husband David, who was killed, has called for the man accused in her ordeal to be given a fair hearing.
Ali Babitu Kololo, a 39 year old father of two from a village in Lamu, Kenya, was sentenced to death by a Kenyan court in 2013. Although Mr Kololo's death sentence was commuted to life without parole after three years on death row, he remains in prison in Kenya. In an interview with the BBC on 3 December 2018, Judith Tebbutt said that she wanted to make sure Kololo was given the fair hearing he has so far been denied.
"I think a wrong should be righted", said Mrs Tebbutt. "And when I say wrong, I mean the fact that Mr Kololo didn't have a fair trial…I think they have to take ownership of what they did back in 2011 – the team that helped to convict Mr Kololo – an innocent man."
Upon arrest, Mr Kololo has consistently claimed he was beaten, threatened, and had his genitals twisted until he signed a 'confession' he didn't understand and couldn't read. At trial Mr Kololo – who is indigent and illiterate, does not speak English and had only a limited grasp of Swahili (the two languages in which the trial was conducted) – was denied an interpreter. He did not have a lawyer throughout the prosecution case and had to cross-examine all 20 prosecution witnesses himself.
The Metropolitan police, along with the Foreign Office and Home Office, provided support to the public prosecution in Kololo's case, raising concerns that they may have helped secure his death sentence, in contravention of UK policy and undermining the UK's longstanding opposition to the death penalty.
Under the Overseas Justice and Security Act (OSJA), the UK is required to seek assurances that the death penalty will not be sought before they provide any assistance to prosecuting authorities. The UK police also have strict guidelines designed to avoid any complicity in torture, and yet relied on an account Kololo later retracted – on the basis he was tortured – to call into question his credibility in the Kenyan trial Court.
Kololo has an appeal pending to challenge his conviction. Judith Tebbutt and her son are asking the British government to do all they can to ensure he receives a full and fair hearing and to properly investigate the role of the UK Government in his initial conviction and death sentence as a matter of urgency.
Maya Foa, Director of Reprieve, which is assisting Kololo, said: "Ali Kololo's initial death sentence, following a highly flawed trial, may not have happened without the involvement of British authorities. The last thing Judith and her son want is for an innocent man to languish in prison – they are doing everything they can to see that Ali Kololo finally gets a fair hearing, and the British government must do the same."
* Reprieve https://reprieve.org.uk/
Keywords:accused | death sentence | fair trial | Foreign Office | home office | Judith Tebbutt | Kenya | kidnap | metropolitan police | Reprieve | torture


The paper discusses Bernard Williams' argument that immortality is rationally undesirable because it leads to insufferable boredom. We first spell out Williams' argument in the form of a dilemma. We then show that the first horn of this dilemma, namely Williams' requirement of the constancy of character of the immortal, is defensible. We next argue against a recent attempt that accepts the dilemma, but rejects the conclusion Williams draws from it. From these we conclude that blocking the second horn of the dilemma is the best way to respond to Williams. Our objection contends that Williams overlooks a basic feature of human existence, namely curiosity, and that his negative evaluation of an eternal life is therefore unconvincing.
God and Eternal Boredom.Vuko Andrić & Attila Tanyi - 2017 - Religious Studies 53 (1):51-70.
Williams and the Desirability of Body‐Bound Immortality Revisited.A. G. Gorman - 2017 - European Journal of Philosophy:1062-1083.


text:
using System.Globalization;
using System.Windows;
using Windows.UI.Xaml;
using Windows.UI.Xaml.Controls;

namespace SuperMap.WinRT.Core
{
    ///
    /// 	<para>${core_PredefineLineStyle_Title}</para>
    /// 	<para>${core_PredefineLineStyle_Description}</para>
    ///
    public sealed class PredefinedLineStyle : LineStyle
    {
        /// ${core_PredefinedLineStyle_enum_LineSymbol_D}
        public enum LineSymbol
        {
            ///
            Dash,
            ///
            DashDot,
            ///
            DashDotDot,
            ///
            Dot,
            ///
            Solid
        }

        /// ${core_PredefinedLineStyle_constructor_None_D}
        public PredefinedLineStyle()
        {
            ControlTemplate = ResourceData.Dictionary["PredefinedLineStyle_Solid"] as ControlTemplate;
        }

        /// ${core_PredefinedLineStyle_attribute_symbol_D}
        public LineSymbol Symbol
        {
            get { return (LineSymbol)GetValue(SymbolProperty); }
            set { SetValue(SymbolProperty, value); }
        }
        /// <remarks>${core_dependencyProperty_Remarks}</remarks>
        /// ${core_PredefinedLineStyle_field_symbolProperty_D}
        public static readonly DependencyProperty SymbolProperty =
            DependencyProperty.Register("Symbol", typeof(LineSymbol), typeof(PredefinedLineStyle), new PropertyMetadata(LineSymbol.Solid, new PropertyChangedCallback(onSymbolChanged)));

        private static void onSymbolChanged(DependencyObject o, DependencyPropertyChangedEventArgs e)
        {
            (o as PredefinedLineStyle).ControlTemplate = ResourceData.Dictionary[string.Format(CultureInfo.InvariantCulture, "PredefinedLineStyle_{0}", e.NewValue)] as ControlTemplate;
        }
    }
}