Factor 4 - Early fitting of amplification and ongoing monitoring of its effectiveness are integral to selecting communication strategies to facilitate language development.
To guide our team in identifying evidence shown to support linguistic competence, we followed definitions of evidence described in Evidence-Based Practice in the Early Childhood Field (Buysse & Wesley, 2006). In this book, specific to the field of early childhood, evidence includes: 1) "the best available research" (based on research studies, evaluations, objective measurements of child progress, and systematic literature reviews), 2) practitioner experience or professional and/or family wisdom (based on personal observation, experience, professional or expert consensus, position papers, policy statements and professional judgment), and 3) consumers' values and beliefs, which include personal beliefs, concerns, and expectations of consumers (parents and professionals).
the importance of evaluating and monitoring the role of listening in the development of linguistic competence.
Evidence looking at the cortical development of the auditory system confirms the existence of a time-sensitive period (within the first four years of life, with the most important stage of auditory development occurring before age 2), when central auditory pathways show the maximum plasticity to sound stimulation for optimal benefit from cochlear implantation (Kral & Sharma, 2012). It appears that the end of the optimal period for cortical auditory stimulation occurs at approximately seven years of age when the brain, in the absence of auditory stimulation, has been reorganized and pathways are no longer optimally available to auditory stimulation (Kral & Sharma, 2012). This evidence supports that there is a critical early window when spoken language must be stimulated or delays in spoken language will be difficult, if not impossible, to overcome.
Literature also indicates that while it is possible for a percentage of infants and young children with measurable residual "hearing" (auditory responses) and well-fitted amplification devices to develop linguistic competence via spoken language, a percentage of children may still fail to develop auditory skills necessary for successful oral communication (Geers, 2006; JCIH, 2007). In one studied group of children, it emerged that children with hearing levels in the mild to severe range tended to develop speech understood by most hearing peers and adults by kindergarten, while only a small percentage of children with profound hearing levels approached this same level of competence (Yoshinaga-Itano, 2006).
While the literature cited the advantages of early cochlear implantation for spoken language development for children who are candidates for the technology, it also indicated the variability in spoken language outcomes even with early implantation due to the numerous factors influential to these outcomes (Nicholas & Geers, 2006; Geers & Nicholas, 2013). Noted in the literature is the importance of recognizing the complexity of the auditory mechanism and the considerable variability in spoken language outcomes regardless of hearing levels, use of early amplification, and quality stimulation of spoken language (Blamey, 2003). The varied, evolving, and diverse abilities of each deaf and hard of hearing child highlights the importance of evaluating and monitoring the role of listening in the development of each child's linguistic competence (JCIH, 2007; JCIH, 2013).
This PDF provides a description of the evidence for Factor 4.


Your point about immersion reminds me of the holodecks on Star Trek: The Next Generation. I don't know how the hell people kept out of those things to get anything done. And really, I could think of much better simulations than the dumb ones that some of those people came up with.
I totally would love the Holodeck if they ever came out with one. I'd probably be so addicted to it that they would have to use many many many tranq. darts to drag me out of there.
GhaleonOne wrote: Your point about immersion reminds me of the holodecks on Star Trek: The Next Generation. I don't know how the hell people kept out of those things to get anything done.
People in the future are just awesome like that, I guess. Everybody's so calm and collected... It's the polar opposite of reality TV.
Re: Localization: Was WD too free with EB?
I have to say that all these years later, the localization humor still makes every NPC worth talking to.
There is some downright comedy gold in this game.
Well, as this old thread is back now I also would like to write my opinions about the Lunar Eternal Blue localization as I really care about this game which is for me the best Lunar game and one of my favorite games now and forever.
Generally I have no problems with the localizations from WD, some jokes might be a little out of place but I don't feel that they spoil the whole game and actually the I agree that the sense of humor in the game makes talking the NPC really enjoyable.
Here I also find it great how much you can talk to people and mostly you can talk to NPC a second of even third time and they say something different or the dialog goes on. I am happy that WD did go through all those dialogs and didn't cut anything to finish the work faster/cheaper like it often happened in other games.
I didn't know that in the Japanese version they were talking about an Order instead of a Cult of Althena but I have to say that I never had a problem with the word Cult.
I am not sure how it sounds in the ears of a native English speaker which I am not but I feel it sounding a little more negative than Cult and as it is used for a group worshiping a fake Althena which just wants to get money from people I think it fits pretty well.
Also somehow I think you can just feel when you play the game that here people were at work who enjoyed the game themselves and understood the story and the characters and didn't just translate a script. The same goes for their wonderful voice acting which I really would hope other localizations would at least come close still these days (no wonder undubs of games are so popular).
You could see nicely and their making off videos where the voice actors were interviewed that they all knew who their character is and they tried to identify with them where in other localizations I can hear that there is just someone reading a script from a paper without knowing anything about the game.
But well, different people can of course have different opinions but I really really love this game and still play it every one or two years these days on my still working Mega CD and I also feel that this is thanks to WD who first made it accessible for me and imho did a great job while doing so.
The real world references in EB didn't bother me at the time, but recently I've finally gotten around to playing EBC (and I preordered the game, and have a Ghaleon puppet to prove it, to let you know how long I've been putting it off) and came across a line where Ronfar talks about Swedish triplets, and I was all "there's a Sweden in Lunar?"
I suspect it has more to do with me changing over the last almost 20 years than anything, but it just took me right out of the game.
Anyway, to me personally, WD was not too free with Eternal Blue.
What would Lunar 2 be like if another company had translated it? It would probably be known as "That great game hurt by a barebones rushed translation".
I loved reading in this game. Dated references? No problem! I'm not a dumbarse to expect a 1995 game to talk about things that are still relevant today.
I loved the pop culture references when they were fresh, and I love them now, 20 years later. Yep! Lunar Eternal Blue is ... 20 years old right now.
It's fun discovering things that belong to the game's era. If I'm not already familiar with it, I can always research and learn something new, and be teleported to a different time in existence. That is extremely positive.
All Dragon Quests are an exception, those games have great art in those darn text boxes. But Dragon Quest V felt really odd the first few hours even though it's an epic game.
This list doesn't necessarily mean that all those games are bad. I still like Wild Arms, Lufia and Secret of Mana for example, but their dialogue is either BLAND and unfunny or the content is weak, not very original, spread too much apart in between, etc.
Imagine I made a graph where I judge unnecessary and painful grinding of RPGs compared to Lunar EB?


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Browse: Home » 2019 » July » 10 » CASE NOT STRUCK OUT AFTER A FOUR YEAR DELAY: ALTERNATIVE "SANCTION" ORDERED INSTEAD
CASE NOT STRUCK OUT AFTER A FOUR YEAR DELAY: ALTERNATIVE "SANCTION" ORDERED INSTEAD
July 10, 2019 · by gexall · in Abuse of Process, Applications, Relief from sanctions, Striking out
In Alba Exotic Fruit SH PK v MSC Mediterranean Shipping Company S.A. [2019] EWHC 1779 (Comm) HHJ Rawlings considered the appropriate sanction where there had been a four year delay by the claimant in pursuing an action. This case is important because it shows the very important distinction between an application for relief from sanctions and an application to strike out for non-compliance with the rules. The proportionality of the result is assumed to be correct in an application for relief from sanctions. The proportionality of the result is an important factor in an application to strike out. In this case the judge was clear that relief from sanctions would not have been granted, however this was an application to strike out and striking out the entire claim would be a disproportional result. A different sanction was imposed instead – the claimant was ordered to give security for costs.
"It must be stressed, however, that the ultimate question for the court in deciding whether to impose the sanction of strike-out is materially different from that in deciding whether to grant relief from a sanction that has already been imposed. In a strike-out application under rule 3.4 the proportionality of the sanction itself is in issue, whereas an application under rule 3.9 for relief from sanction has to proceed on the basis that the sanction was properly imposed…". I accept that as a statement of the correct legal principles."
This is a very subtle decision.
The judge found that if this was a case involving relief from sanctions then the claimant would not have been granted relief from sanctions.
Although the tests for striking out and relief from sanctions were similar a key issue in striking out was whether the result was proportional.
It was not proportional to strike out on the facts of this case.
The judge also decided that it was not appropriate to make an order for security for costs – applying the conventional test for such applications.
However security for costs was ordered on the basis that this was an appropriate response to the defendant's application to strike out and the claimant's failure to comply with the rules.
The claimant issued proceedings alleging that bananas had been damaged in transit. Proceedings were issued in September 2014, a defence and counterclaim in September 2014 and a Reply and Defence to counterclaim in October 2014. The claimant should have applied to court for a CCMC by 24th September 2014. It did not do so (and still had not done so at the date of the application). The claimant changed solicitors in June 2018 who made an application to amend the Particulars of Claim. This was met by an application from the defendant that the claimant provide security for costs.
The defendant then made an application to strike out the case on the grounds that the delay was an abuse of process.
THE JUDGMENT
The judge considered the alternative arguments in relation to striking out in these circumstances.
Counsel's Submissions
The Strike Out Application is made under CPR 3.4 (2) (b) and (c).
CPR 3.4 (2) (b) provides that the court may strike out a statement of case if it appears to the court that the statement of case is an abuse of the court's process or is otherwise likely to obstruct the just disposal of the proceedings.
CPR 3.4 (2) (c) provides that the court may strike out a statement of case if it appears to the court that there has been a failure to comply with a rule, practice direction or court order.
Mr Coffer says that there are three categories of case in which the court will exercise its power under CPR 3.4 (2) (b) to strike out a claim as an abuse of process, as a result of delay by the claimant:
(a) there has been inordinate and inexcusable delay and as a consequence of such delay there is a substantial risk that a fair trial will not be possible or of serious prejudice to the defendant;
(b) there has been intentional and contumelious delay involving a complete and total disregard for the rules of the court with full awareness of the consequences; and
(c) the claimant has made an intentional decision not to progress the claim.
Mr Coffer asserts that consideration of the principles applied by the court in deciding whether or not to grant a party relief from sanctions under CPR 3.9 is relevant to the question of whether or not the court decides to strike out the claim but he accepts that (unlike an application for relief from sanctions under CPR 3.9) the court must consider the proportionality of the strike out sanction.
Mr Butler on behalf of Alba says that inordinate and inexcusable delay, no matter the reason for it, of itself is not sufficient to amount to an abuse of process justifying strike out of the claim. In order to amount to an abuse of process justifying strike out of the claim there must be something more and that something more is a substantial risk that a fair trial will not be possible or of serious prejudice to the defendant.
Mr Butler says that if the court finds that there has been inordinate and inexcusable delay which poses a substantial risk that a fair trial will not be possible or of serious prejudice to the defendant, then the court's approach to an application for relief from sanctions under CPR 3.9 is not relevant and the court should consider whether there is a less draconian sanction available to it, which does not involve the striking out of the claim and if so apply that sanction.
As to CPR 3.4 (2) (c) Mr Coffer says that there has been a clear breach of Alba's obligations under CPR PD 59 paragraph 7.2 to apply to the court for a CMC within 14 days of service upon it of MSC's Defence and Counterclaim. That period expired over four and a half years ago, on 25 September 2014. That breach of the practice direction justifies the striking out of the claim under CPR 3.4 (c) and the fact that the MSC could itself have applied to fix a CMC is either irrelevant or insufficient to justify the court in not striking out the claim. Mr Coffer accepts that as for the application to strike out under CPR 3.4 (2) (b), the court must consider the question of the proportionality of striking out the claim.
Mr Butler accepts that the court has an unqualified discretion to strike out the claim under CPR 3.4 (2) (c) but he says that considering whether or not to strike out a claim is very different from considering whether or not to grant relief under CPR 3.9, to a claimant whose claim has already been struck out. He suggests that striking out the claim would be disproportionate and I should consider a more appropriate sanction such as making an unless order against Alba.
THE JUDGE'S FINDINGS ON THE LEGAL PRINCIPLES
CPR 3.4 (2) (b) Legal Principles-my findings
I accept that Mr Coffer is right in his description of the three circumstances in which the court will strike out a claim as an abuse of process under CPR 3.4 (2) (b), save that in the case of a claimant making an intentional decision not to pursue a claim, the length of the delay, degree of the claimant's responsibility for it and reasons given will be relevant to the question of whether or not an intention by the claimant not to pursue a claim will amount to an abuse.
Mr Butler accepts that inordinate and inexcusable delay combined with a substantial risk: (a) that a fair trial will not be possible; or (b) of serious prejudice to the defendant is a ground upon which the court may strike out a claim (subject to considering the proportionality of that sanction).
In Habib Bank v Jaffer [2000] All ER (D) 424 Nourse LJ said "delay which involves complete total or wholesale disregard, put it how you will, of the rules of court with full awareness of the consequences is capable of amounting to such an abuse, so that, if it is fair to do so the action will be struck out or dismissed on that ground." There is nothing in the judgement of Nourse LJ that suggests that in circumstances where there has been a complete, total or wholesale disregard for the rules of the court with full awareness of the consequences, that it is necessary to show, in addition that the delay involves a substantial risk that a fair trial will not be possible or of serious prejudice to the Defendant. For that reason I am satisfied that Mr Coffer is right that delay which involves a complete total or wholesale disregard of the rules of the court with full knowledge of the consequences, is a ground upon which the court may decide to strike out a claim even if there is not a substantial risk that a fair trial will not be possible or of serious prejudice to the Defendant.
In Arbuthnot Latham Bank Limited v Trafalgar Holdings [1998] 1 WLR 1426 Lord Woolf MR at page 1437 identified what he termed as "warehousing" as an abuse of process which, without more may justify the strike out of proceedings. Lord Woolf MR said "Whereas hitherto it may have been arguable that for a party on its own initiative to, in effect, "warehouse" proceedings until it is convenient to pursue them does not constitute an abuse of process, when hereafter this happens this will no longer be the practice. It leads to stale proceedings which bring the litigation process into disrespect…… If they are brought and they are not to be advanced, consideration should be given to their discontinuance or authority of the court obtained for their being adjourned generally. Courts exist to assist parties to resolve disputes and they should not be used by litigants for other purposes."
In Asturian Foundation v Ibrahim [2019] EWHC 274 (CH) HHJ Cooke sitting as a High Court Judge considered that, in Arbuthnot, Lord Woolf MR was not setting down any rule that a decision by a claimant to pause the progress of proceedings for a period would necessarily be abusive of itself but rather that it may become abusive if the claimant maintained that position for an unreasonable period of time (see paragraph 26 of the judgement). Having carried out a review of Arbuthnot, at paragraph 41 of his judgement HHJ Cooke said "…. It is now established that delay may amount to abuse of process in circumstances short of a finding that the Claimant has permanently abandoned any intention to pursue them, but the court will examine all the circumstances in which the delay occurred, including the length of delay, the degree of the claimant's responsibility for that delay and the reasons given for it, and assess whether they amount to an abuse of process, as distinct from "mere" delay. "warehousing" may be descriptive of some circumstances which show abuse, primarily where for an extended period the claimant has no present intention of pursuing the claim but keeps going in case it decides to do so in future, but application of that term is not determinative one way or the other. If abuse is found, the question then arises whether striking out is an appropriate sanction."
CPR 3.4 (2) (c) Legal Principles-My Findings
There is a large measure of agreement between Mr Coffer and Mr Butler as to the position under CPR 3.4 (2) (c). They both agree, that my discretion under CPR 3.4 (2) (c) is a broad discretion. Whilst Mr Coffer emphasises that it is relevant to take into account the court's approach to an application for relief from sanction under CPR 3.9, in deciding whether or not to strike out Alba's claim for a breach of CPR 3.4 (2) (c), he nonetheless accepts that the question of the proportionality of striking out the claim is a matter that I should take into account under CPR 3.4 (2) (c), which is not taken into account in an application for relief from sanction under CPR 3.9. Those points are made by Richards LJ in Walsham Chalet Park Limited (T/A Dream Lodge Group) v Tallington Lakes Limited [2014] EWCA Civ 1607 at paragraph 44 of his judgment, Richards LJ says "The judge treated the principles in Mitchell as "relevant and important" even though the question in this case was whether to impose the sanction of a strike-out for non-compliance with a court order, not whether to grant relief under CPR 3.9 from an existing sanction. In my judgement, that was the correct approach. The factors referred to in rule 3.9, including, in particular, the need to enforce compliance with court orders, are reflected in the overriding objective in rule 1.1 to which the court must seek to give effect in exercising its power in relation to an application under rule 3.4 to strike out for non-compliance with the court order. The Mitchell principles, as now restated in Denton, having a direct bearing on such an issue. It must be stressed, however, that the ultimate question for the court in deciding whether to impose the sanction of strike-out is materially different from that in deciding whether to grant relief from a sanction that has already been imposed. In a strike-out application under rule 3.4 the proportionality of the sanction itself is in issue, whereas an application under rule 3.9 for relief from sanction has to proceed on the basis that the sanction was properly imposed…". I accept that as a statement of the correct legal principles.
THE DECISION IN THE CURRENT CASE
The failure of Alba to apply to the court to fix a CMC by 21 October 2014 is a breach of PD 59 paragraph 7.2. CPR 3.4 (2)(c) provides that a court may strike out a statement of claim if there has been a failure to comply with a practice direction. I therefore have jurisdiction under CPR 3.4 (2)(c) to strike out Alba's claim.
In Walsham Chalet Park (see paragraph 35 above) Richards LJ gave guidance as the approach to be taken by the court when considering an application to strike out a claim under CPR 3.4 (2) (c). Lord Justice Richards said that in considering an application to strike out a claim under CPR 3.4 (2) (c) the matters which the court is directed to take into account under CPR 3.9 are relevant to the court's decision as to whether or not to strike out the claim under CPR 3.4 (2) (c). Richards LJ went on however to make it clear that in the case of an application for relief from sanctions under CPR 3.9 the court has already decided that the sanction of striking out the claim in the event that the claimant does not comply with the unless order is a proportionate sanction to apply to that default, whereas, in the case of an application under CPR 3.4 (2) (c), the court has to decide whether striking out the claim is a proportionate response to the failure of the Claimant to comply with a rule, practice direction or court order and the overriding objective under CPR 1.1 generally.
I propose, in light of the guidance given by Richard LJ in Walsham Chalet Park to approach the question of what sanction to apply to the claimant for its failure to comply with PD 59 paragraph 7.2 by: (a) considering whether or not I would grant Alba relief from sanction under CPR 3.9 if its claim had already been struck out because of a failure to comply with an unless order, requiring it to apply to fix a CMC in accordance with PD 59 paragraph 7.2 and providing that its claim would be struck out if it failed to do so; and (b) in the event that I decide that I would not have granted relief from sanction I will go on to consider the overriding objective under CPR 1.1 generally and in particular whether striking out Alba's claim is a proportionate response to its failure to comply with PD 59 paragraph 7.2 or whether some other sanction should be imposed upon Alba. If I decide that I would have granted Alba relief from sanction, in the event that its claim had already been struck out (because of a failure to comply with an unless order) then it follows from the guidance given by Richard LJ that I should also find that it is not appropriate to strike out Alba's claim under CPR 3.4 (2) (c).
In Denton v TH White [2014] EWCA Civ 906 in the Joint Judgment of the then Master of the Rolls, Lord Dyson and Lord Justice Vos (as he then was) it is said that a three-stage approach should be taken to considering whether or not to grant relief from sanctions under CPR 3.9:
(a) Assess the significance of the failure to comply with the rule, practice direction or order. If the breach is trivial then relief from sanctions will normally be granted;
(b) Consider whether there is a good excuse for the default. If there is then relief from sanctions will normally be granted; and
(c) if the failure to comply is not trivial and there is no good excuse for the default then the court should consider all the circumstances of the case, so as to enable it to deal with the application justly including: (i) the need for litigation to be conducted efficiently and at a proportionate cost; and (ii) to enforce compliance with rules, practice directions and orders.
As to the first stage of the test, a delay of 4 years and 7 months (and counting) by Alba in applying to the court to fix a CMC cannot on any basis be described as trivial. It is necessary therefore to progress to the second stage of the test, namely whether there is a good excuse for the default. The reasons given for the default are those set out in the first and second witness statements of Mr Chaudhry which I have summarised above. Mr Chaudhry refers to failings on the part of Alba's legal representatives, failings on the part of Alba or misunderstandings between Alba and its legal representatives. For the purposes of an application for relief from sanction, the fact that the default giving rise to the imposition of the sanction may be attributable in whole or in part to the fault of the sanctioned party's legal representative does not amount to a good excuse for the default. There is therefore no good excuse for the default and it is necessary therefore to pass to the third stage of the test.
As for all the circumstances of the case, Mr Butler says that the following circumstances support the court concluding that it should not strike out the claim (and therefore would favour the court granting relief from sanctions, if this were an application under CPR 3.9 for relief from sanctions):
(a) It was open to MSC to apply to fix a date for the CMC itself and the CPR does place an obligation on all parties to assist the court in achieving the overriding objective (of dealing with cases justly and at a proportionate cost). Against that, however, PD 59 paragraph 7.2 places an obligation on Alba to apply to fix a CMC within 28 days of service upon Alba of a Defence. No such obligation is placed upon MSC which is merely provided by the rules with the ability to apply to fix a CMC but not an obligation to do so; and
(b) the striking out of the claim would deprive Alba of the ability to pursue what, on its face is a legitimate claim against MSC for damage caused to bananas loaded in 28 containers and shipped by MSC to Alba in circumstances where I have not found that a fair trial is no longer possible or that MSC has suffered material prejudice as a result of Alba's delay.
The following circumstances are matters which favour my refusing relief from sanctions (if this were an application for relief from sanctions under CPR 3.9):
(a) the length of the delay which is currently 4 years and 7 months;
(b) the reasons given by Alba for the delay are not only not good reasons but the explanation of the reasons is vague and unsatisfactory, there are inconsistencies in the explanation and inadequate evidence has been provided to support the explanations that are given;
(c) the need to conduct litigation efficiently and at proportionate cost favours the refusal of relief from sanction because Alba's delay has prevented a claim which should have been tried and resolved some years ago from proceeding beyond the close of pleadings. The delay also increases the cost of the proceedings for both parties (including the cost of MSC's application to strike out the claim);
(d) the need to enforce compliance with rules, practice directions and court orders also favours the refusal of relief from sanction because Alba has failed to comply with its clear obligation under PD 59 paragraph 7.2 to apply to fix a CMC within 28 days of service upon it of the Defence and Counterclaim of MSC. Refusing relief from sanctions acts as a strong incentive for parties to comply with rules, practice directions and court orders as was made clear by the Court of Appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1537 as clarified by the Court of Appeal in Denton.
Taking all of the circumstances into account my conclusion is that the factors set out in paragraph 70 above in favour of refusing relief from sanction greatly outweigh those factors set out in paragraph 69 above in favour of granting relief from sanction. In particular the length of the delay, the absence of any good reason for it, its effect upon the progress and cost of the proceedings and the need to enforce compliance with rules, practice directions and court orders outweigh the prejudice to Alba caused by it being unable to pursue what, on its face appears to be a legitimate claim.
In accordance with the guidance given by Richards LJ in Walsham Chalet Park I should next consider whether striking out Alba's claim is consistent with the overriding objective and in particular is a proportionate response to its failure to comply with its obligations under PD 59 paragraph 7.2.
Mr Butler, on behalf of Alba, says that striking out the claim is a draconian sanction for the Alba's delay and is disproportionate. He suggests that a more appropriate and proportionate remedy would be to impose an unless order upon Alba in relation to the remaining steps to trial so that Alba's claim would be struck out, in the event that it delays again in progressing its claim to trial.
Mr Coffer accepts that striking out the claim is a draconian sanction, extinguishing Alba's substantive rights but he submits that Alba's intentional conduct and disregard for the rules of the court together with the length of the delay and continuing non-compliance are such as to justify the court striking the claim out. He suggests that no other sanction is proportionate, given the seriousness and extent of Alba's breach.
I have already made findings that I am not satisfied that: (a) Alba's delay was intentional and contumelious in full awareness of the consequences; and (b) Alba did not make a conscious decision to maintain but not to progress the claim until a time convenient to it (referred to in the relevant cases as "warehousing"). The delay here is nonetheless very significant (over 4 years and 7 months and still continuing) and as indicated above the explanation for that delay is unsatisfactory.
Counsel accept that an alternative sanction, for Alba's default in failing to apply to fix a CMC to striking out the claim would be for me to order Alba to provide security for MSC's costs of the proceedings.
There is a complication here in that MSC has separately made the Security for Costs Application pursuant to CPR 25.12. MSC may therefore be entitled to security for costs under CPR 25.12 in any event and if it is so entitled, then ordering Alba to provide security for MSC's costs, as a sanction for its failure to apply to fix a CMC pursuant to PD 59 paragraph 7.2, would simply duplicate any order I made under CPR 25.12.
What I propose to do therefore is to consider whether MSC is entitled to security for its costs from Alba pursuant to the Security for Costs Application and then decide what sanction should be applied to Alba for its failure to comply with PD 59 paragraph 7.2 (strike out of Alba's claim, an unless order or security for costs) having regard to the proportionality of the sanction and the overriding objective.
THE DECISION: SECURITY FOR COSTS ORDERED RATHER THAN STRIKING OUT
In the event the judge decided that the appropriate sanction was to order the claimant to provide security for costs. The judge had previously decided that it was inappropriate to order security for costs on the "traditional" basis. Rather it was ordered here as an appropriate response to the claimant's failure to comply with the rules.
I now need to decide on the appropriate and proportionate sanction for Alba's failure to comply with PD 59 paragraph 7.2 having regard to the overriding objective under CPR 1.1.
Mr Coffer says that striking out the claim is the only proportionate response given the length of the delay (over 4 years and 7 months) and its impact on the progress of the litigation. Mr Butler says that the striking out of the claim is a draconian step and is not proportionate to Alba's default. Mr Butler suggests that the proportionate response would be to make an unless order so that, if Alba fails to comply with any direction going forward in respect of disclosure, witness statements or other directions then Alba's claim will be struck out.
The overriding objective set out in CPR 1.1 (1) is to deal with cases justly and at proportionate cost. CPR 1.1 (2) explains that dealing with a case justly and at proportionate cost includes, so far as practicable:
(a) ensuring that the parties are on equal footing;
(b) saving expense;
(c) dealing with cases in ways which are proportionate:
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(c) ensuring that it is dealt with expeditiously and fairly;
(d) allotting to it an appropriate share of the court resources, while taking into account the need to allot resources to other cases; and
(e) enforcing compliance with rules, practice directions and orders.
Ensuring that the parties are on an equal footing, saving expense and ensuring that cases are dealt with expeditiously and fairly are all factors relevant to deciding what directions to give in relation to preparing a matter for trial or in relation to the trial itself, but I do not regard them as relevant factors in deciding what sanction should be applied for Alba's default.
The proportionality of the sanction to be applied to Alba is very much an issue that I need to consider, and I will do so below however I do not consider the amount of money involved, importance of the case, complexity of the issues or financial position of the parties is of direct relevance to this issue. Issues relevant to the proportionality of the sanction relate more to the seriousness of Alba's default, the prejudice suffered by MSC as a result of that default and the effect on Alba of the sanction.
As to ensuring that this matter is allotted an appropriate share of the court's resources, while taking to account the need to allot resources to other cases, and the need to enforce compliance with rules, practice directions and orders, these factors tend to support the imposition of a sanction which encourages parties to progress their cases efficiently and in compliance with rules, practice directions and orders. In my judgment these factors would therefore tend to support the imposition of a more serious sanction, but the most significant question that I need to answer is the question of which sanction is the most proportionate response to Alba's default.
I do not accept that the proportionate response in this case is, as Mr Butler suggests, to make an unless order against Alba. Whilst such an unless order may ensure that Alba complies with any directions that the court may make in relation to preparations for trial (and would encourage Alba to comply with directions orders going forward) it would not amount to a sanction in relation to Alba's default, namely its failure to apply, in accordance with PD 59 paragraph 7.2 to fix a CMC.
As to the choice between striking out the claim on the one hand or ordering that Alba provide security for the MSC's costs on the other hand I consider that the choice is finely balanced however I have come to the conclusion that the most proportionate sanction is to order that Alba provide security for MSC's costs. My reasons are as follows:
(a) the delay by Alba in applying to fix the CMC is a long one (4 years and 7 months and Alba has still not applied to fix a CMC. Nonetheless I have found that the delay has not resulted in a fair trial no longer being possible or substantial prejudice to MSC in terms of the evidence that MSC can produce at trial. It is for this reason that I refused to strike out the claim under CPR 3.4 (2) (b) as an abuse of process (on the basis of my finding that there had been inordinate and inexcusable delay);
(b) whilst it is true that the obligation fell on Alba, under PD 59 paragraph 7.2 to fix the CMC it is also true that it was open to MSC to apply to fix the CMC itself. Whilst therefore MSC is not itself in breach of any practice direction, MSC could have ensured that the matter progressed to trial without the delay caused by Alba's default, by applying itself to fix the CMC; and
(c) depriving Alba of the ability to have the court determine what on its face appears to be a legitimate claim in circumstances where I have found that a fair trial is still possible and that there has been no substantial prejudice to MSC's ability to defend the claim (as a result of Alba's default) appears to me to be too draconian a step to take.
I have, by a small margin decided that the risk of MSC being unable to enforce a costs award against Alba is not sufficiently serious to justify an order being made that Alba provide security for MSC's costs under CPR 25.12. The question of security for costs, when considered afresh as a sanction for Alba's default is different. Alba's default is a serious one, it has delayed the litigation significantly and increased the costs of the litigation. If MSC is ultimately successful in defending the claim and receives a costs order in its favour then it would, in my judgment be grossly unfair if MSC were unable to enforce that costs order. In order to avoid that potential consequence and having regard to the need to impose some sanction upon Alba for its default, it appears to me that the most appropriate course of action is to order Alba to provide security for MSC's costs under CPR 3.1(5). I considered that requiring Alba to provide security for MSC's costs is a fair and proportionate sanction to impose for its default.
Tags: Applications, Civil Procedure, Civil Procedure Rules, Relief from sanctions, Striking out
← A SECOND – IDENTICAL – APPLICATION WAS AN ABUSE OF PROCESS AND DISMISSED ON THAT GROUND ALONE
ROBUST DECISION TO STRIKE OUT PERSONAL INJURY CLAIM FOR NON-COMPLIANCE WITH RULES IS UPHELD ON APPEAL: BANDWAGONS & CRASH HELMETS IN BRADFORD COUNTY COURT →

redpajama_set_name: RedPajamaCommonCrawl


How many times a day do we ask for what we want or need from those who can provide what we requested? We don't keep track of the number of requests a day we make to colleagues, either in person, by email, on the phone, during meetings and video conferences and whether in the same office, country or across the world.
We tend to describe all these acts as sending emails, making phone calls or having meetings or video conferences. But in saying that we hide the true purpose of all these ways of communicating with each other — the need to coordinate action effectively. The most important speech act for coordinating action is the request speech act. As I have written elsewhere, this is the speech act common to all languages.
Despite this, members of every culture have their own particular way of making a request, of responding to a request and of fulfilling a request. Unfortunately, few people are aware to what degree they have been conditioned by their cultures about the "right" way to make a request, to respond to a request and to fulfill a request. As a result, within an intercultural business context we often make mistakes, both in how we make requests and in how we listen to them. In what follows I'll show you how to avoid the top two mistakes when making requests across cultures: making unclear and incomplete requests.
Those making a request are typically clear about their intent — although not always. Apple founder Steve Jobs was apparently fond of saying to his engineers, regarding the perfect expression of a new product idea of his, that "I'll know it when I see it." That's the best example I know of an unclear request. I wonder how much time, money and resources were expended, and the amount of frustration that resulted, as Jobs' engineers tried desperately to fulfill his deliberately unclear request.
Perhaps when you have unquestioned authority and virtually unlimited financial resources you can afford to make unclear requests and accept the resulting frustration for all concerned as part of the human cost of doing business. However, if you are working with managers or colleagues who are unclear in their requests, and lack the track record of Jobs, I'm sure that you can relate to the high price of frustration that you are paying on a daily basis.
To minimize this frustration I recommend that when you make requests, especially across cultures, you first become clear about exactly what you want. Then assume that your listener will not be as clear about what you want as you are. By starting with that basic assumption you will be more motivated to do what it takes to avoid making the second mistake: making incomplete requests.
What is a complete request? When I ask my seminar participants that question it takes them some reflection to come up with an answer. Then as we spend time discussing this and deconstructing a typical request, they realize just how much there is to know about making complete requests and how important they are for improving the coordination of action across cultures.
Unfortunately, most of us assume that we know everything there is to know about making requests. And yet there are all sorts of things missing in the way most people make their requests. Fortunately, listeners often fill in the gaps but you can't count on that, since sometimes the listener fills in the gaps correctly but often not. The proof?
Just think about how often deliveries are late, quality isn't what we expected or we have to get things redone, sometimes several times before we are satisfied. Then we tend to blame other people or cultures, or complain about the decrease in the quality of work or the decline in the "work ethic." When things go wrong we fail to ask ourselve — and others — a simpler, more fundamental question: Was the request complete? And the even more important question: "How can I learn to make more-complete requests to minimize these recurring problems?" The solution is in language, more than we realize.
For example, a typical request that you might hear these days would sound something like this: "Send me the report ASAP." The acronym for "as soon as possible" has become a universal way of speaking about time. Unfortunately, it means something different for everyone and especially for those in different cultures. For the person receiving the request it can be interpreted as anything from right away until a week from now or beyond. If you expect it today and you say ASAP, can you really blame the listener for not getting it to you today? If you say by 3 PM today and it arrives tomorrow, then you have grounds for complaint. Otherwise, you can't blame anyone but yourself for failing to be clear.
And what report does the request refer to? If there is only one report, then everyone knows which report it is? If that's true then I agree that the request is complete enough. However, why not say "the year-end report"? That's more complete.
Who is responsible for the report? The person who you are writing to? Or do they need to get it from someone else? "The year-end report that Clarkson is finishing for you" is even more complete.
Do you want it emailed? Mailed? Faxed? By courier? Most documents are exchanged by by email. But "Email me the year-end report that Clarkson is finishing for you by 3 PM today" is getting closer to a complete request.
How do you want it? In a PowerPoint, Word or PDF file? Again, maybe there is a standard format that everyone has agreed upon but there is no harm in adding "in a print-ready PDF format" to your request, if that's appropriate.
Going even further, do you expect the document to be formatted in a particular way? If you do, then the more precise details you provide, the greater the chance that you will get exactly what you want.
I admit that in such a simple example as given above, adding all the details can seem like overkill. But the point of the example is to demonstrate a habit that I see over and over again with my clients. They, and the people they work with, make endless incomplete requests. This results in complaining about requests not being fully met. Sometimes the problem isn't in the people or in their actions but in language. Enhance the communication and the results will inevitably improve.
I began by saying that requests are the most important speech act for coordinating action. Therefore, it's vital that requests be as clear and complete as possible. If you are not building the habit of consistently making clear and complete requests, then you are part of the problem and not part of the solution.
An added benefit to you is that once you become consistent at making complete requests, you will also be better at filling in the gaps of other people's incomplete requests. Before saying yes to someone's request you can ask a series of questions. When exactly do you want it? I'm not sure what you mean by ASAP, is tomorrow by 2 PM soon enough? I assume you want me to email it to you but I just want to verify that. I have a Word version of that report but would you prefer I convert it to a PDF? Is there any style or formatting you prefer? If so, I'd be happy to reformat it. And so on. So the added benefit is that learning to make clear and complete requests will also improve your listening.
By practicing daily on small and simple requests, both when speaking and listening, you will be building the skills you need for handling more complex requests that can have a huge impact on you and on others.
This kind of clarification process is particularly important across cultures because how we do things, what time frames we consider normal, and what our standards of quality are, vary immensely from culture to culture. Most of us assume that as long as we are speaking a common language, or working for the same company, then such clarification is unnecessary. That's a flawed assumption.
"It's clear enough. I don't have to say all that." If that's also your opinion, go back to mistake number one, Making Unclear Requests. Yes, it is clear to you but never assume that it is clear to the other person.
"It saves time to provide fewer details." I can't argue with the desire to save time but if the report doesn't arrive, how much time do you waste by being annoyed about it and taking extra time to send another email? And how many times will you have to ask people to redo things you already requested because you failed to be clear enough about your exact expectations? And how will that make them feel about you? It actually saves plenty of time, as well as relationship wear and tear in the long run, to make complete requests. I guarantee it.
"I don't want to insult the other person's intelligence by providing such obvious details." I have to admit that this one baffles me. Why is it an insult to your listener's intelligence to make a complete request? I consider it a service to the listener to make as complete a request as possible. You are making it easier to fulfill your request, as well as easier to counter offer or decline your request. When the listener doesn't know exactly what you want, and tries to comply anyway, how do they really know what they are promising to do?
And if you are still concerned about how a complete request will be perceived, you can always add something like, "I know that I'm including a lot of details in this request that perhaps you already know but I just want to make sure that I'm being as clear as possible." I would rather have someone be annoyed with me for giving too many details than annoyed because I ask them to do redo something because my initial request was incomplete.
Are there other reasons you don't want to make clear requests? If there are, I recommend that you challenge your reasoning, stop resisting and start practicing. Not only will you get better at coordinating action with others but you will build improved working relationships.
When requests are consistently clear and complete then coordination of action is smoother. Everyone's expectations are met, which fosters an atmosphere of mutual trust. So it doesn't just mean more effective business communication but also increased intercultural trust.


The Supreme Court on Wednesday appointed a curator to look after the Rs 90,000 crore treasure found at the Sri Padmanabhaswamy temple in Thiruvananthapuram, Kerala. Speculations have been rife on the eventual fate of the wealth -- whether it will be used for charitable purposes or remain with the temple authorities.
The law in such cases stipulates that only the temple deity has a 'right' over this wealth.
As per Indian laws, a temple deity is considered to be a juristic person. A juristic or a legal person is entitled to the wealth it has been given and can even fight a legal battle to keep it.
Padmanabhaswamy, an incarnation of Lord Vishnu, is the presiding deity at the temple.
According to Advocate General of Karnataka Ashok Harnahalli, "All this wealth belongs to the deity since it has been given in the name of the idol. Some people have demanded that this wealth be used for public good. But this is not possible as per the law. If ornaments and other treasure had been given to the temple, it is in the name of the deity which has sole right over it".
Speaking on the cash amount given to the temple, he said, "In case the temple administration decides to convert all these assets into cash, then the money can be used only for the development of the temple in which the deity is placed".
As per earlier verdicts by the Supreme Court, a deity has legal jurisdiction and is capable of owning property. If anyone stakes a claim on the wealth which belongs to the deity, then it can fight a legal battle for its rights. But a deity is always represented by a guardian who should ideally be a member of the trust or the temple.
In the much-hyped Ayodhya verdict, Ram Lalla or the deity at the makeshift temple at the controversial site was one of the litigants.
The title deed of any temple in India is in the name of the deity and hence it becomes a party to the suit.
According to the Supreme Court of India, a deity is a being both real and imaginary to whom the law attributes a personality by way of fiction when there is none in fact.
The Supreme Court further adds that a legal person or a juristic person is any entity other than human beings to which the law attributes a personality. The words 'juristic person' connote the recognition of an entity to be a person in law which otherwise it is not. In other words, it is not a natural person but an artificially created person which is to be recognised in law as such.
The Supreme Court adds that a juristic person is a holder of rights and duties and can own and dispose of property, receive gifts, sue and be sued. A Hindu idol is recognised by courts as a juristic entity with a judicial status, and its interests are attended to by a person who is in charge of the deity and who under law is its guardian or manager.
If the Kerala government wants to use this wealth for the public good, it would have to fight a legal battle in the Supreme Court and challenge the existing set of laws regarding the ownership rights of a deity.
Rs 90000 CRORE: Value of Kerala temple treasure!
Rs 90000 cr in Padmanabhaswamy temple. What next?


Staff productivity is one of the defining factors to increase ROI for any business. If staff is performing well, the business can increase the profit. On the other hand, if the productivity of the team is not up to the mark, a company is more like to make less profit or even worse, start making losses. That's the reason all companies like to implement tools and solutions that can increase productivity of the staff. The FreeSWITCH solutions are in the category of popular solutions that increase the staff productivity. You can get FreeSWITCH development based on your business need. Let me share the top 3 solution that you should get with the FreeSWITCH development to increase productivity of your team.
IVR aka Interactive Voice Response solution works as an auto attendant and can be used by any industry and business. It attends all incoming calls with perfect professionalism and same energy 24*7. The business can increase their staff productivity with this solution as it automates certain actions and remove human resource involved in those operations. For example, call transfer can be done automatically; the frequently asked questions can be answered automatically. There can be many business operations that can be taken care of by the IVR solution. It will keep your manpower free and increase the overall productivity.
The FreeSWITCH development to build a reliable conferencing solution is perfect for medium and large scaled enterprises to increase the staff productivity. It provides a perfect and reliable platform of communication and collaboration. The VoIP solution development for audio, video and web conferencing is in demand by the growing organization as it lets the staff collaborate from different branches and locations. It makes decision processes fast.
With the use of FreeSWITCH development, you can get a call recording aka voice logger solution. It lets you record selected or all calls in your organization to review. Based on the review, you can conduct training sessions to improve the work approach that can help in increasing the productivity of an individual as well as overall staff.
These three are the top 3 solutions that help in increasing the productivity of the team. There are many other solutions that contribute to increase productivity. We have helped many companies with our VoIP solution development services to increase the productivity based on their goals and current model. Contact us to discuss your requirement to get the personalized solution.
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Step by Step Drawing tutorial on How to Draw Niall Horan. Start by drawing outline for head. Draw outline for ears shape as shown.
Niall is a teen heart throb who has stolen many a girls heart with his good looks and amazing singing voice.
Niall was born in Mullingar, County Westmeath, Ireland. How to Draw Niall Horan from One Direction with Step by Step Drawing Tutorial. Another free Cartoons for beginners step by step drawing video tutorial. It helped me draw Niall Horan for my friend Hayley, shes a Directioner. Draw Cartoon Characters in Motion Action. Draw outline for lower face neck.
Some of these services have separate apps that you can download to take advantage of individual features.
How do I turn my hotspots password off. How to Draw a Snowman with Easy Step by Step Drawing Tutorial. Draw a perfect circle by tracing a lid or using a protractor. He is a Irish singer and song writer. Sketch overflowing lines forming his short and spiky hair. Highlight your drawing and color it.


Since 1995, National Plastic Heater has engineered, produced and distributed high quality electric heaters, temperature sensors and temperature control systems for a diverse group of customers. NPH products are currently a critical component for major manufacturers operating in industries such as plastics, packaging, medical semiconductor processing, foodservice, military technology, automotive and a variety of other technological and industrial process control applications.
With the development of a set of committed partner's and patrons, we have been on the threshold of creating exclusive and top quality sources for our products, through joint ventures, manufacturing partnerships and such synergies. National Plastic Heater will thus tie up the product strengths of its supplier partners exclusively for its customers. We are driven by performance rather than size, which enables us to enhance our competitive edge.
Our design and manufacturing capabilities are diverse and flexible to satisfy our customers' requirements. NPH products range from standard off-the-shelf designs to complex thermal systems. Our combined engineering experience supports our customers with product solutions from concept through production. State of the art design software allows our staff to provide dynamic visual enhancements of prototype designs prior to manufacturing.
Due to the increasing demand for NPH products and services, one of our partners manufacturing facility in Cary, Illinois has been expanded to 120,000 square feet, which includes additional capacity for research and development of new products for tomorrow's applications. A diverse mix of manufacturing operations support 14 separate product lines including in-house element manufacturing, foundry operations, heat treating, CNC bending, CNC machining, plasma and electron beam welding, and clean room assembly.
Our quality assurance capabilities mirror our commitment to total customer satisfaction. These capabilities include a full service calibration lab, in-house x-ray facility, helium leak test, coordinate measuring machine, temperature profiling acquisition and display, and on-going life cycle testing.
Whether you require a unique thermal component designed for a tough application or a more common part designed to meet the competitive demands of your industry, National Plastic Heater is ready to be your business partner. Let us prove our commitment to you and your success.


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My Work Video Montage
This is a collection of my work set to some rock and roll. It works as a really fun overview. For the best view, click the "HD" button in the upper right corner of the video. Turn it up and enjoy!
Category Branding, Digital, Disruptive, Historical Work, Identity, Interiors, Motion, Other Stuff, Packaging, Personal, Print, Recent, Video
Wilburn's Glen Brand Package
These brand launch materials for boutique natural spring water bottling start-up, Wilburn's Glen, convey the natural sense of authenticity inherent in the Llano, Texas brand. Based around design principles expressed the Deco, Moderne and WPA architectural jewels studded throughout the Texas Hill Country region, the brand style has a classic modern strength with a hip twist. I created custom typography for the name "GLEN," giving an ownable center to the identity. Geometric angled lines update and leverage forward classic deco graphic design thematics and symmetry while creating subtle "W"elements throughout the designs. Fun and elegant with a touch of whimsey, this was a joy to work on.
Shown Here: Brand Identity Elements, Packaging and Advertising Samples
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Category Branding, Identity, Packaging, Print, Recent, Style
Propper Tactical Brand Launch
I'm pleased to share the final result of the Propper Tactical brand launch. In an earlier post, I shared a colorful and engaging exploratory concept for this assignment. In contrast, the selected approach shown here is rich, textural and "engineered" with a clear lifestyle focus. It was paramount with this brand launch to do something genuinely different; something real for a real, savvy consumer target audience. The iconography and brand elements here speak to the concept of a "tactical system" with integrated imagery and clarity of purpose. Sleek, tactile textures bring touch and a decided sense of quality to the piece while the white graphic bar overlays underscore the central concept of the rank of "officer." This is a bold, smart brand for well-engineered gear for today's intelligent tactical law enforcement professionals.
Again, I was the hands-on designer for all of this, a co-concept lead and wrote the line descriptors ("Be Cool.," Blend.," "Perform.," and "Move.") for the brand.
Shown Here: Teaser Videos, Brand Identity Elements, Hangtags, Sample Advertising, Site Design
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Category Branding, Digital, Identity, Motion, Packaging, Print, Recent, Style, Video
Propper Tactical Brand Concept
Sometimes I showcase here the concepts that aren't selected. I believe strongly in presenting only options to clients that are both artful and viable. However, of everything presented, only one can make it. This concept for military and tactical icon Propper International is a great example of something that was not selected, but that retains a strength and beauty that makes it worth sharing.
Let me just say, I love these guys. This assignment was a hell of a lot of fun to create and trust me when I tell you that though I really did love the work featured in this post, the concept they selected (and I have since executed) was the right choice and is VERY compelling. Frankly, I can't wait to show you that work. We're all very excited for the official launch.
This concept brings a heavy infusion of lifestyle to a powerful new tactical line of gear Propper is bringing to market. Colorful, iconoclastic and real, the work treats the target audience here with both the intelligence and consumer savvy so often absent in this sector. I was the hands-on designer for all of this, a co-concept lead and wrote the line descriptors ("Be Cool.," Blend.," "Perform.," and "Move.") for the brand.
Shown Here: Sample Advertising, Brand Identity Elements and Site Design
Category Branding, Digital, Identity, Packaging, Print, Recent
Pear Tree Dressing Packaging Suite
Carrying forward the packaging redesign I started for gourmet brand The Pear Tree, I recently created a new packaging suite for their signature dressing selections. Fresh, clean, contemporary and eye-catching, these designs capture the spirit of the brand while generating new interest in the product among a sea of sameness in the supermarket refrigerated dressing section — see in-store photos below to get a sense of the "pop" inherent in this graphic approach.
Shown Here: Flat Label Designs and In-Store Photos of Packaging
Published January 7, 2012
Category Packaging, Recent
The Salvagery Brand Package
Portland, OR improv jazz trio The Salvagery's July 2011 release "Triage" is a triumph of experimental work. At once contemporary and exuberant, "Triage" builds on the heritage of great albums in the improv tradition. The work is pure fun.
These designs built around the album build on that iconoclastic spirit and birthright. The look and feel here balances personal, custom-created typography and illustrations with rich color to create a bold approach that captures the essence of vintage 40's -60's jazz album covers from great labels like Columbia and Blue Note. I loved working on this one!
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Category Branding, Identity, Other Stuff, Packaging, Print, Recent, Style
UPBrand Brand Package
Recently, I started my tenure as the Vice President / Creative Director of UPBrand, a St. Louis-based agency focused on building brands through storytelling. I've already been having fun with great design and concept and one part of that has been establishing the aesthetic and visual brand for the agency itself. A good friend and talented independent designer Ben Franklin had started the proceedings with identity work before I arrived. I have taken the mark that Ben established and created a look and feel for digital assets, packaging, presentation materials, apparel and motion / video.
The work strikes a balance between a very clean, linear, type-driven, Bauhaus-inspired approach and found ephemera and organic, hand-wrought design elements used both metaphorically and to bring a human touch to the designs. It's always very rewarding to bring a brand that I am close to like this to life.
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Category Branding, Digital, Motion, Other Stuff, Packaging, Recent, Video
Pear Tree Packaging
The Pear Tree Restaurant is a jewel of fine dining in Bevier, Missouri with a national reputation for food excellence and peerless service. When the Pear Tree does something, it does it right. That's the central theme behind a new line of packaged foods from The Pear Tree. This packaging for fine croutons made from the best ingredients and artisan breads captures this central belief while introducing a new, more contemporary flavor to the restaurant's face to the world. At once modern, bold and approachable this design communicates the exciting new feeling of this new chapter for The Pear Tree brand. This is the first of a series of packaging assignments including a flight of salad dressings and BBQ sauces. I will post those as developed and roll this into a single case study.
Also shown: Two additional concepts for the package that we're not selected but were compelling in their own right.
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Category Branding, Identity, Packaging, Recent
Hardee's 50th Anniversary Campaign + Tour
50 years of great Thickburgers, beautiful girls and good times, now that's something to celebrate. When Hardee's was looking for a unique way to spread the word about it's 50th anniversary, 4ORCE got the call. This concept incorporates a heavy brand push into a buzz-generating tour and social media campaign. The central idea: building the ultimate girl country band for a national Hardee's 50th birthday party — "Electra Starr and the Heartstrings" (and then "Stealing Angels"). The campaign is a home run for Hardee's midwestern values with a mildly sexy wink and builds on existing brand sentiment while providing bold new texture to Hardee 's reputation in the marketplace. I lead the development of all aspects of this brand campaign. From co-development of the campaign's central theme and brand integration down to design of all touchpoints personally, I had a ton of fun with this one. Sadly, a merger left this campaign unfinished.
I've included just a few selected examples of my design work for the campaign for flavor below. Shown here :: Posters, Vehicle Wrap, Apparel and Digital Assets
Category Branding, Digital, Disruptive, Identity, Other Stuff, Packaging, Print, Recent, Style
MOZO Shoes Brand Package + Site
With brands like UGGS and Simple on their roster, the Deckers Corporation had a PROVEN track record for bringing great "brands on the verge" into their brand family. MOZO was no exception.
Designed with the belief that chefs are lateral athletes — moving fast on their feet for grueling 14 hour shifts, MOZO delivers unequaled comfort. Like a Kershaw Shun knife or an Imperial gas range, a MOZO shoe is an essential tool for the professional chef.
I led a full rebrand of MOZO. It started with a rework of the mark and wordmark, progressed to packaging, business papers, collateral and a complete relaunch of the MOZO site. In this case, all of the work was my personal positioning and design work.


Be Informed : Make sure everyone in your family knows what to do when they hear emergency warnings.
Your community may have outdoor warning sirens (also called tornado sirens) to warn you in an emergency. These sirens are meant to let people who are outside know they should go indoors. When you hear the outdoor warning sirens sound in your area it is not safe for you to be outdoors. You should take cover inside a sturdy building and get more information from television, radio, internet, or by contacting a friend or family member.
Call your local fire department to find out if your area is covered by warning sirens, when they are tested, and when they would be activated. Make sure other members of your household know what to do when outdoor warning sirens sound.
Some communities have other ways of warning residents. They may call by phone, or send text messages or emails with emergency information. Check with your local emergency management or sheriff's office to find out what other warning systems are used in your area. Talk to family members about what to do when emergency information is given.


The Thunder God has never looked cooler (literally) than he does on the Thor Frozen Hammer T-Shirt, with his mighty hammer, Mjölnir, encased within ice.
It looks like the Frost Giants are taking on Odin's golden-haired boy, and Thor doesn't seem pleased with how things are playing out. The image on the black t-shirt reveals Thor with a cloak of fur billowing out around him as snow falls and lightning flashes, with the Thunder God's name spelled out in a stylish font.
Add to your Asgardian wardrobe with the Thor Frozen Hammer T-Shirt for $25 at Jack of all Trades Clothing.


The Humane Society of the United States, Humane Society International and the Humane Society Legislative Fund praise the U.S. Environmental Protection Agency for issuing its draft policy that encourages the use of non-animal testing methods. The policy's recommendations apply to methods used in assessing the potential of pesticides and industrial chemicals to cause skin allergies.
Traditional animal tests for skin allergies involve the application of a test chemical to the skin of guinea pigs or mice, who are later killed and examined for signs of an allergic response. However, recent studies have shown that non-animal methods are more accurate than traditional animal tests in predicting allergic skin reactions in humans.
The draft interim policy, titled Use of Alternative Approaches for Skin Sensitization as a Replacement for Laboratory Animal Testing supports the use of non-animal methods for single chemical substances, such as pesticide active ingredients, but not mixtures or formulations. However, the EPA is currently working to extend the policy to formulations.
EPA's Office of Pesticide Programs is working to reduce its reliance on animal testing for acute toxicity, an effort outlined in a letter to stakeholders in 2016, when it also released guidance to eliminate the need for lethal-dose skin tests for pesticide ingredients.
Also in 2016, HSLF and The HSUS campaigned for the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which revised the Toxic Substances Control Act. TSCA covers industrial chemicals and requires the minimization of animal testing with a clear preference for the development and use of alternative methods and strategies.
HSUS and HSI have been working to support the science to replace animal testing for skin allergy and other health concerns on a number of national and international fronts, including the test guidelines program of the Organization for Economic Cooperation and Development.


No need to fiddle with knives and forks - eat this Mexican favourite with your fingers! It makes the perfect Sunday TV dinner!
Place the brown onion and chorizo in a large saucepan over high heat and cook, stirring occasionally, for 5 minutes or until the chorizo is golden.
Add the mince and cumin to the pan and cook, stirring with a wooden spoon to break up any lumps, for 4 minutes or until browned. Add the beer and simmer for 5 minutes.
Stir in the passata and oregano and season with salt and pepper. Simmer for 1 hour or until the liquid reduces and thickens.
Preheat oven to 200°C. Line a roasting pan with non-stick baking paper. Arrange half the corn chips evenly over the lined tray. Top with half the mince mixture then sprinkle with half the cheddar. Continue layering with the remaining corn chips, mince and cheddar. Bake for 15 minutes or until the cheddar melts.
Meanwhile, combine avocado, red onion and lime juice in a bowl.
Divide the nachos among heatproof serving dishes. Top with the avocado mixture, sour cream and coriander sprigs to serve.
Time plan tip: Prepare this recipe to the end of step 3 up to 1 day ahead. Store in an airtight container in fridge. Continue from step 4 up to 30 minutes before serving. Freezing tip: Cool at the end of step 3. Place in an airtight container and freeze for up to three months. Thaw overnight in fridge. Continue from step 4.


We provide private and non-shared local and long distance transportation in Brevard and Indian River counties in the form of airport and cruise port shuttle and car service and long distance taxi cab and car service. As a local company in Melbourne, Florida, we serve this great city and its surrounding localities including West Melbourne, Indialantic, Indian Harbour Beach, Satellite Beach, Cocoa Beach, Cocoa, Merritt Island, Palm Bay, Malabar and Grant-Valkaria. Barefoot Bay, Micco, In Indian River County, we provide airport transportation and long distance transportation to and from Sebastian, Roseland, Orchid. Indian, River Shores, Winter Beach and Vero Beach.
Daily private and non-shared airport transfers for individuals and small groups to and from the Melbourne Airport, Orlando Airport, Sanford Airport . Requests to other airports, such as Daytona Airport, Palm Beach Airport, Fort Lauderdale Airport and Miami Airport are upon request and availability.
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If you are in the Melbourne or Vero Beach area, we can transfer you to and from anywhere in the Central and South Florida area upon request.
We are a local company in Melbourne, Florida offering private, non-shared local and long distance service via airport transportation, cruise port transportation and long distance transportation.
Our airport transportation service is designed to accommodate the needs of the locals and visitors of the greater Melbourne, Florida and Indian River County / Vero Beach Area. We transport to and from Melbourne Airport, Orlando Airport, Sanford Airport, Daytona Beach Airport, Palm Beach Airport, Fort Lauderdale Airport and Miami Airport.
The airport transportation services we offer consist of car service and shuttle service that are private non-stop, non-shared and door to door. We offer these types of airport transfers and ground transportation services because we believe they are the most efficient and reliable for travelers in Brevard and Indian River county localities.
We understand that the flexibility in your travel needs, therefore our services start from early morning until late night upon request and availability. The airports that we travel to and from are Melbourne Airport, Orlando Airport, Sanford Airport, Daytona Airport, Palm Beach Airport, Fort Lauderdale Airport and Miami Airport.
Due to its proximity and diverse flight options, Orlando International Airport – Florida's second largest airport by total passenger – is our most popular airport. our most popular trips are between Melbourne, Palm Bay, Sebastian and Vero Beach and Orlando Int'l Airport.
Trips between Melbourne Airport and the Cocoa Beach and Port Canaveral region are also very popular, especially for those who seek a closer, smaller and less hectic alternative to Orlando Airport. In addition, many residents, visitors and tourists traveling to and from Vero Beach do so via the Melbourne Airport due to its proximity.
Melbourne Shuttle & Taxi Service is your solution to airport, cruise port and long distance transportation in the greater Melboure, FL area. Call us at 321-221-1111.


Data Detectors will definitely improve your daily workflow when managing contact and events information from e-mail. Addresses in messages are detected as you move the mouse over them, pressing the mouse buttons gives a menu offering several actions on this information, allowing you to quickly create or update a contact, display the contact's card in your Address Book or retrieving a map of the address from Google Map.
By selecting create new contact, an inline panel appears, allowing you to edit the contact you are about to create.
Events are also detected, and Mail is smart enough to translate relative dates like "today" into a calendar date.
When creating an new event, a panel then allows you to customize the event, along with the calendar it will be added to. Mail is smart enough to get the time and sometimes even the location of the event from the message.
Phone numbers offer the option to be displayed in large type, which is useful if you want to dial from across the room.
Tasks can be easily managed directly from within Mail.
Quick Look fits perfectly in Mail. Receiving various attachment might be a common situation to you. Quite often, an e-mail can contain different types of documents, like a PDF, a Word document and an Excel document (pictured below). The traditional way is to open these attachments one by one, in the three different application that are required to view them. Quick Look knows better, as it is able to show you these document one after the other, in a single window, as you click the Quick Look button from the top of the message. Shown below is an index sheet displaying these three types of documents. Of course, you can scroll through all pages from each of them.
Here are a few examples of Stationaries available from Mail. It is even possible to create your own templates if you send similarly formatted messages often.
All these new features makes Mail a very compelling upgrade, that allows dealing more easily with the daily flow of information we are exposed to, with great transparancy.
This entry was posted on Friday, October 26th, 2007 at 5.09 pm	and is filed under Mail, QuickLook, Address Book, iCal. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.


There is my classmate that I really love. So I'm really doing my best for her to love me also. And its really hard for me to tell cause she is good at hiding her feeling... Then I dreamed of her being cold, so I'm giving her my jacket. But when I am about to give it to her, she rest her heads in my shoulder and then said she's okay now.. And after that, we hugged each other... so what the meaning of that dream??


these into a robust solution at the heart of their workflows and revenue centers.
paradigm shift in file-handling technology.
the way our customers work with their data. The Bright solution eliminates unplanned downtime due to file system maintenance.
Procyon, our high-availability offering, Triton, our mid-tier workhorse, and Astella, our SAN-in-a-box appliance.
Collaboration is of great value and we take every opportunity for product and feature improvement seriously.
support for file system defragmentation.
intelligence, was released as a standalone product supporting StorNext SAN environments.
might be the next "bright" technology.


The need for eye health in developing countries among under-privileged people is very real. We're proud to support international eye health with our very own initiative, Fight for Sight.
Founded by Raheem Remtulla in 2004, Fight for Sight is our program of collecting used glasses and in conjunction with the University of Waterloo School of Optometry, providing them to people in need all over the world.
The program began by enlisting the assistance of Ontario high school students to collect old glasses, as well as those collected right here in Dr. Ahmed's Optometry. These used glasses are donated to the University of Waterloo School of Optometry.
First and second-year students of the U of W School of Optometry repair the spectacles as required, determine the prescriptions and catalogue them. Third and fourth-year students travel to third world projects in places such as Jamaica, India and China performing eye examinations for those in need and prescribing the closest specs from the inventory that we have helped collect. They look at the frames and prescriptions in stock and determine the best frames for each patient. No other gift of sight program provides an educational experience for students as well as the gift of much needed glasses for those that otherwise could not afford them.
With the continued support of Marilyn Smith, RO – Clinic Faculty Lecturer at the University of Waterloo, each student is awarded a certificate of appreciation by the School of Optometry at the University of Waterloo, as well as accumulating volunteer hours towards their high school degree.
To date Fight for Sight has collected more than 1500 glasses.


While the nun beat little Bridget nightly for wetting the bed, Bridget wished, "If only the rod had been round." Perhaps a round rod wouldn't hurt as much as sharp edges of the rod leaving welts and bruises up and down her back and legs. At her school 250 miles from home, nuns tried to teach indigenous children they were savages with no soul, but Bridget kept her spirit. In the appendix are Prime Minister Stephen Harper's 2008 apology in Parliament to Canada's indigenous people and response by National Chief of the Assembly of First Nations, Phil Fontaine.
One of few published indigenous autobiographers, Bridget tells her story with grace and dignity. Excitement of her father as North-West Mounted Policeman in 1880's; rich culture and history of her mother's Dene' nation, and descriptions of Fort Simpson and Fort Good Hope in NWT provide background. An agent who cared, Papa, the Famous Flynn Harris, spoke 17 languages when Commissioner of Treaty 11 along Mackenzie River's 2,500 miles.
Bridget Harris Volden middle of eleven children cared for parents and then younger siblings left without support after her father's death. Bridget faced her fears finding work and living arrangements in Edmonton. Abandoned by her first husband in strange surroundings of New York City, Bridget learned new work and coping skills. Invited by her sister to Minneapolis, Bridget left her past behind.
After marriage to Bill Volden, Bridget discovered Jesus' love and help from AA to fight alcohol. She gave back to her community by helping found The American Indian Bible Fellowship that she directed in downtown Minneapolis for ten years. At 90 Bridget is still actively contributing her father's Irish humor, her mother's gentleness, and the rich history and culture of her Dene' nation.


text:
Jump start your spiritual life with a lively revival
The grand church of Our Lady of Hope Parish, located at 5200 North Broad Street in North Philadelphia, will host an 110th anniversary Mass for graduates of the former Holy Child School Oct. 20. The church became the spiritual home for Catholics of the area after a 1993 parish merger.
By Lou Baldwin • Posted February 16, 2016
Lent is a season of taking stock. Maybe through daily Mass or joining a Bible study group or reciting the rosary or participating in a religious retreat. All are good, quiet ways of bringing God back in your life.
Now if you want a lively way to revive your spiritual life, you might consider a revival.
For example, at Our Lady of Hope Church on North Broad Street in Philadelphia, there will be a revival this Friday and Saturday, Feb. 19-20.
The title "What Are You Gonna Do? You Gotta Do Somethin!!!" gives the idea things will probably be more than a bit lively. The title was suggested by Father Anthony M. Bozeman, S.S.J., who is coming all the way from New Orleans to preach.
Actually it is a homecoming, because Father Bozeman was born and raised in Philly — originally from Our Mother of Sorrows Parish where the late Father James Daly set the bar very high for him on just what a priest should be. After graduating from West Catholic and service in the U.S. Air Force Father Bozeman entered St. Charles Borromeo Seminary, while still keeping his hand in the Air National Guard.
After his 2000 ordination he served as a parochial vicar at Our Lady of Grace, Penndel, and Our Lady of Hope. In 2006 he received permission to transfer to the Josephite Society of the Sacred Heart, a congregation that very specifically focuses on the African American apostolate. Missioned to New Orleans, he is presently pastor of 1,800-family St. Raymond and St. Leo the Great Parish.
He is also chaplain for Xavier University Preparatory High School, which was founded by Philadelphia's own St. Katharine Drexel.
"I'm very excited, it's a home-coming," said Father Bozeman, who well remembers Our Lady of Hope from his days as parochial vicar. "It's a grand community, it is very diverse."
That is certainly true. Our Lady of Hope, where Father Efren Esmilla is pastor, is a tri-lingual parish with Masses in English, Spanish and Tagalog, representing the Hispanic, Filipino, African-American and European-American communities.
The revival itself is expected to attract heavily from the African American community residing in Our Lady of Hope and also from many surrounding parishes.
But it isn't just an African-American event. "All are welcome," said Cynthia Arlene Brown, who is the chair for the event. "It's about commitment to our faith. It's about getting people back to church, single, married, everyone, renewing our faith."
Brown herself, although raised in Our Lady of Hope back in the day when the grand old church was Holy Child, now lives in Malvern, Chester County. For her it isn't coming back to her childhood parish, because in her heart she never left.
"Father Bozeman was here for a revival we had in 2013," she said. "We had over 500 people each day. It was fantastic."
In addition to Father Bozeman, participants will include Father Esmilla, Father Stephen Thorne and Father Gerard Marable of the Camden Diocese, as well as Deacons William Bradley, Felipe Hernandez, James Mahoney and Homer Panganiban, and lay readers Imani Scott and Gregory Damas.
Music throughout will be led by the Philadelphia Catholic Mass Choir, under the direction of Kenyatta Arrington with dance selections by the Immanuel Dancers and the Cristo Rey Dancers.
It's fair to say if you attend you won't fall asleep.
The Our Lady of Hope "What Are You Gonna Do" revival will be conducted Friday, Feb. 19 from 6-8 p.m.; Saturday, Feb. 20, 2-7 p.m. and Sunday, Feb. 21, 8:30 a.m. with Mass followed by a continental breakfast.
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Rita Guy says:
Paul Rucker says:
I wish them success and will pray for them. Love Paul


Following the success of the song and to express her own personal feelings about New York, Alicia Keys has recorded a sequel entitled Empire State of Mind (Part II) Broken Down. Keys' version was well received by critics and was commercially successful, although it was not as successful as its predecessor.
Well, personally, I prefer Alicia Keys' version of the song since it is more "listenable" and I am not a big fan of rap music.
Watch the Alicia Keys' version in the video below.


They have some characteristics that make them unique. They are more concerned about their outward appearance more than anything else. The mirror is an important item to a woman as it helps her better herself. The main aim of trying to get pretty is so that they can be admired by other people and mainly it is the men who are targeted. They buy clothes and makeup so as to make sure they look pretty. So as to achieve this beauty, there are important things that every woman must possess in her wardrobe so as to look pretty. In this article you will learn more on the must-have items for women are discussed.
A white shirt is among the items necessary for all women. They match well with the most type of clothing. Owning a white shirt is advantageous to a woman as they will always have the right attire to compliment her look. White shirts always give certain good qualities of the woman. White shirts are sometimes to show the level of cleanliness of a woman as the cleaner the white shirt is the cleaner they are deemed. A woman can have many admirers when wearing a white shirt as they generally look more appealing.
Having a trench coat in the wardrobe is of great importance to every woman. The method used in making these trench coasts ensure that they have a more female look. A lot of special features are included in the female trench coat to give them a more feminine look. The way they are made gives an automatic view of the female gender. Femininity is achieved through the use of these trench coats. It is hard to find a trench coast which crashes with other outfits as they easily match with the majority of the outfits. They help a woman get rid of the cold.
It is almost compulsory for each and every woman to own a handbag. However not all handbags are good. Having a genuine leather handbag is of great advantage to a woman. Owning a leather handbag can help add taste to a woman's clothing. They can be gotten in various colors of desire and a woman can choose to match the color of the handbag with the shoe color so as to bring out a pretty and stylish look.
A black dress is an outfit that every woman should own in their wardrobes. It matches well with many occasions and events that may be available. Having one in the wardrobe, it helps eliminate the problem of getting the appropriate dress to suite well an event as it can be used in almost every occasion.
Managing one's time is of great advantage. A watch is advantageous in the life of a woman. A watch gives a woman a certain professional look that is very appealing in nature.
Having some pairs of jeans in the wardrobe can give a woman the privilege of having to choose from among the many the type of Jean to wear.


Classic rock band Kansas will be making a stop in Corpus Christi for "Point of Know Return" tour at the American Bank Center in December.
Are you ready to rock out to hits like "Carry on Wayward Son" and "Dust in the Wind?"
Because classic rock band Kansas will be making their way to Corpus Christi.
The seventies band will take center stage Dec. 6 at Selena Auditorium on "Point of Know Return" tour.
American Bank Center made the announcement on Instagram last week.
The popular band has produced nine gold albums, three multi-platinum albums for "Leftoverture," "Point of Know Return," and "The Best of Kansas," a platinum studio album for "Monolith," and a million-selling single for "Dust in the Wind."
Kansas appeared on the Billboard charts for over 200 weeks through the 1970s and 1980s and played to sold-out arenas and stadiums across the world.
Tickets are available for purchase online at www.americanbankcenter.com or at the arena's box office.


Your fiance would have to negotiate this with the probation office. In fact, you might have to get married before she moves away to Georgia. But really it is in the discretion of the probation office, usually they would just make arrangements to transfer her case to the probation office in Atlanta, who would administer the probation, and report it back to Texas.
Congrats on the upcoming marriage! Wonderful news.
I was charged with Felony DWI 3rd offense in Texas.
If I have a felony DWI( 3rd or more) ,can I get it erased?


Search for a stash of loot in a haunted, ancient asylum! This fear game sends you into an abandoned building on the outskirts of town. You must explore each room completely alone. Search for clues in dark hallways, and try to find the secret stash!


Of the fingers of the tree.
Jason Price Everett: was born in Orlando, Florida in 1972. He was educated at Lafayette College, Cornell University, and the University of Paris. He has held twenty-six different positions of employment to date, one of the more recent being that of English professor at a university in Xian, China. He is the author of the nonovel Unfictions, published in 2009 by 8th House Publishing (www.8thhousepublishing.com). His work has appeared in such diverse publications as Si Senor, Hubris, Good Foot, Shore This, CRIT Journal, The Mad Hatters' Review, BITEmagazine, Writers Notes Magazine, The Circle Magazine, Farmhouse Magazine, The Quarterly Review, The Prague Literary Review, City Writers Review, The PEEL Series, Underground Voices, BLATT and The Alchemy Review. He currently lives in Montreal.


text:
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01//EN" "http://www.w3.org/TR/html4/strict.dtd">

    <meta http-equiv="content-type" content="text/html; charset=utf-8">
<title>Calendar Plugin</title>

<link rel="stylesheet" type="text/css" href="../../build/menu/assets/skins/sam/menu.css" />
<link rel="stylesheet" type="text/css" href="../../build/button/assets/skins/sam/button.css" />
<link rel="stylesheet" type="text/css" href="../../build/fonts/fonts-min.css" />
<link rel="stylesheet" type="text/css" href="../../build/container/assets/skins/sam/container.css" />
<link rel="stylesheet" type="text/css" href="../../build/calendar/assets/skins/sam/calendar.css" />
<link rel="stylesheet" type="text/css" href="../../build/editor/assets/skins/sam/editor.css" />

Calendar Plugin

This example adds a button to the Rich Text Editor's Toolbar that displays a Calendar Control for choosing dates. It also demonstrates how to manage the state of a custom button.

Click the Date button () in the Toolbar to display the Calendar Control, then select a date and it will be placed inside the Editor.

You can also click on a date that has been inserted in the Editor and the Date button will enable. When the Date button is enabled and you click it the corresponding date will be selected in the Calendar Control when it is displayed.

<form method="post" action="#" id="form1">
<textarea id="editor" name="editor" rows="20" cols="75">
This is some more test text. This is some more test text. This is some more test text. This is some more test text. This is some more test text. This is some more test text. This is some more test text. This is some more test text. This is some more test text. This is some more test text.
</textarea>
</form>

redpajama_set_name: RedPajamaGithub