text:
[ al-uh-bam-uh ]
/ ˌæl əˈbæm ə /
a state in the SE United States. 51,609 sq. mi. (133,670 sq. km). Capital: Montgomery. Abbreviation: AL (for use with zip code), Ala.
a river flowing SW from central Alabama to the Mobile River. 315 miles (505 km) long.
Woof, Blaf, Or Voff? How Animals Speak Across The WorldRead more in this article about some frequently asked questions and fun facts related to our definitions.
Ultima Thule, Bandersnatch, And Other Trending Words On Dictionary.comThanks to the holidays, we're serving up two weeks worth of words that have trended on Dictionary.com! From Santa Claus to outer space, here's what had folks searching for meaning.
Related formsAl·a·bam·i·an [al-uh-bam-ee-uh n] /ˌæl əˈbæm i ən/, Al·a·bam·an, adjective, nounpro-Al·a·bam·an, adjective, noun
Examples from the Web for alabama
For their trip to New Orleans against Alabama, Ohio State is bringing in a cool $17 million.
Is Any College Football Coach Worth $60 Million? Jim Harbaugh Is|Jesse Lawrence|December 20, 2014|DAILY BEAST
South Carolina and Alabama courts have already ruled late-pregnancy substance abuse can be considered a form of child abuse.
States Slap Pregnant Women With Harsher Jail Sentences|Emily Shire|December 12, 2014|DAILY BEAST
In Alabama, an arrested 19-year-old shoplifter got gangrene and died naked on the floor of a "medical observation cell."
Here's a Reform Even the Koch Brothers and George Soros Can Agree On|Tina Brown|November 10, 2014|DAILY BEAST
Born and raised in Mobile, Alabama, Brown seems to believe that this is simply another example of a systemic overhaul.
Deepwater Horizon: Life Drowning in Oil|Samuel Fragoso|November 2, 2014|DAILY BEAST
Since the spill, the number of unemployed residents in Louisiana and Alabama has only increased.
Winslow ran across her bow and was on the point of raking her, when the Alabama's flag came down.
Dewey and Other Naval Commanders|Edward S. Ellis
It is also certain that many hundreds of all ages who were liable to service escaped conscription, especially in north Alabama.
Civil War and Reconstruction in Alabama|Walter L. Fleming
In 1869, Mr. Sumner made his remarkable speech on the "Alabama" claims, which for a time caused some bitter feeling in England.
Famous American Statesmen|Sarah Knowles Bolton
The system is considered as extending from the Hudson southward to central Alabama and central Georgia.
North America|Israel C. Russell
In Alabama, as in the other southern states, local pride has placed the number of troops furnished at a very high figure.
British Dictionary definitions for alabama
/ (ˌæləˈbæmə) /
a state of the southeastern US, on the Gulf of Mexico: consists of coastal and W lowlands crossed by the Tombigbee, Black Warrior, and Alabama Rivers, with parts of the Tennessee Valley and Cumberland Plateau in the north; noted for producing cotton and white marble. Capital: Montgomery. Pop: 4 500 752 (2003 est). Area: 131 333 sq km (50 708 sq miles)Abbreviation: Ala, (with zip code) AL
a river in Alabama, flowing southwest to the Mobile and Tensaw Rivers. Length: 507 km (315 miles)
Word Origin and History for alabama
created and named as a U.S. territory 1817 by a division of Mississippi Territory; ultimately named for one of the native peoples who lived there, who speak Muskogean. Their name probably is from a Choctaw term meaning "plant-cutters."
Culture definitions for alabama
State in the southeastern United States bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Its capital is Montgomery, and its largest city is Birmingham.
One of the Confederate states during the Civil War.
The New Dictionary of Cultural Literacy, Third Edition Copyright © 2005 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

redpajama_set_name: RedPajamaCommonCrawl


UK announces £900,000 of new funding to develop a new military counter-poaching task force as international conference gets under way.
Staff at Thoiry Zoo near Paris found Vince the rhino dead in his enclosure after poachers broke in overnight.
Three park rangers were killed by elephant poachers on Saturday after a shootout in the Democratic Republic of Congo.


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Mangrove fungi isolated from India's West Coast munches on polythene
Polythene is the most widely used plastic around the globe. Among the methods to deal with the increasing rate of plastic waste bioremediation is regarded as the eco-friendly and widely accepted method.
By Amruta Morone	 On Apr 30, 2019
Fungi are said to be grand recyclers of the planet and are considered vanguard species in habitat restoration. Now Indian scientists have found that they may also be the answer to one of the biggest environmental problems – plastic pollution. They have identified fungi which can potentially help degrade polythene.
Researchers led by Dr. Avinash Ade at Savitribai Phule Pune University have identified certain fungi with high polythene degradation potential from mangrove rhizosphere soil (root soil where microorganisms colonise) collected from 12 different locations in five coastal states – Kerala, Karnataka, Maharashtra, Goa and Gujarat.These locations were plastic waste dumping sites with growing mangroves surrounded by marine water.
Polythene contributes around 64 per cent of the total plastic waste and takes about 1000 years to degrade under natural environmental conditions.Despite a ban, single-use polythenebags are still being used widely and are accumulating at dumping sites. Available options for polythene disposal such as incineration are harmful to the environment. Biodegradation or degradation using microbes is considered suitable and eco-friendly.That's why scientists have been hunting for microbes capable of degrading polythene.
From the soil samples collected from coastal areas, fungi were isolated in the laboratory and subjected to analysis. "Among the 109 fungal isolates that we obtained, Aspergillus terreus strain MANGF1/WL and Aspergillus sydowii strain PNPF15/TS have been found to be the most efficient polythene degraders," said Dr. Ade, while speaking to India Science Wire."These isolates are much more efficient than those reported from other parts of the world," he added.
Also Read : Another Man vs Environment Conflict: Kerala's Ashtamudi Lake
Polythene strips were placed in petri dishes containing fungi and were subjected to regular shaking at room temperature. Primarily, reduction in weight and tensile strength of polythene after this period was chosen as a criterion for assessing degradation efficiency of the fungi. Aspergillus terreus strain MANGF1/WL showed about 50 per cent weight loss of polythene while Aspergillus sydowii strain PNPF15/TS showed a 94 per cent reduction in tensile strength of polythene.
After screening, the most efficient polythene degrading fungi were analysed using Scanning Electron Microscopy and Fourier-transform infrared spectroscopy (FTIR) to confirm the level of polythene degradation. Researchers also investigated products obtained from polythene degradation."We studied the harmful effects of these products on tiger shark fish and sorghum seeds and found them to be least toxic to both," said Dr.Ade.
However, the mechanism of degradation is not yet known. "We are seeking to get an insight into the enzymes acting upon polythene and genes involved inits degradation. We are also exploring other fungi for degradation of another plastic, polyvinyl chloride," he further informed.
The researchers have published their findings in the journal Scientific Reports. Besides Dr. Ade, the research team included Dr. Manisha Sangale (Savitribai Phule Pune University) and Dr.Mohd Shahnawaz (currently with CSIR-Indian Institute of Integrative Medicine, Jammu). (India Science Wire)
biodegradationfungimangrovesplastic pollutionPune UniversityWest Coast
Amruta Morone
The writer can be reached on twitter @amrutamorone
Priyanka Gandhi – The Other Scion?
Man-made earthquakes triggered by fracking and dams are not localized: Study


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.@3dLacrosse expands Box/Field Hybrid instruction in California with the opening of LA office
TopLaxRecruits.com, posted 4/3/14
From Press Release
3d Lacrosse, the nation's fastest-growing youth lacrosse training and events company (www.3dLacrosse.com), is further expanding its innovative, alternative Box/Field Hybrid Development instruction methodology in California with the opening of a new Los Angeles office to complement operations, staff, and offices in Northern California (North and South Bay), and Southern California (San Diego and Orange County).
"3d Lacrosse's commitment to serving the highly-qualified talent pool of California players continues to grow," said Greg Waldbaum, President and COO of 3d Lacrosse. "From new Adventure Series Camps to multi-day collegiate showcases, we are building a solid statewide framework for California players who plan to advance their game successfully based on our effective, standardized instruction."
3d Lacrosse anticipates building a staff of at least a dozen local associates in Los Angeles, led by several new key team members, including:
Chris Malone, Director of 3d Los Angeles
Chris Malone moves to Los Angeles having served most recently as the Head Coach of the Arizona State University Sun Devils where he led the team to five MCLA Final Fours and two National Championship games. He has coached 31 All Americans, 7 Academic All Americans, and 33 All Conference players and was named the WCLL Coach of the Year in 2008. Previously, while coaching at The University of Pennsylvania, Malone helped the Quakers reach their first NCAA tournament appearance in 15 years. Born and raised in Maryland, he is a 1997 graduate of Loyola Blakefield and was a two-time All-American mid-fielder at University of Maryland. He served as team captain in 2001. Malone moved into the MLL via stints with the New Jersey Pride, Philadelphia Barrage and Chicago Machine.
Alex Weber, Regional Manager, Los Angeles
Alex Weber joins 3d Lacrosse in tandem with his current post as Head of Lacrosse for Harvard Westlake (Studio City, Calif.) where he is responsible for coaching and developing students in grades seven through 12. Weber was a four-year starter at The University of Pennsylvania where earned Academic All-American Honors. He is a graduate of the Fox Lane School (Westchester, NY) and is the third-highest Point Scorer in New York state lacrosse history. Weber is also active in the entertainment industry as a movie producer and actor/comedian. He has made multiple appearances
on Comedy Central's series Tosh.O and produced, directed and edited the documentary, "Committed: The Movie," which follows four young lacrosse players through their journey towards college recruitment.
Brian Kelly, 3d Lacrosse's Western Regional Training Director (and Head Coach at Whittier College) added that, "Feedback from college coaches nationwide confirms that 3d Lacrosse players differentiate themselves from the pack with their keen ability to direct on-field strategy, to mount a solid, coordinated defense and to dodge, shoot and score. We are looking forward to enriching and raising Lacrosse IQ among Los Angeles players to improve their game today and to better develop them towards their college careers and beyond."
About 3d Lacrosse
Headquartered in Denver, Colorado, 3d Lacrosse has become the nation's fastest-growing lacrosse training, events, and select club lacrosse operations in the country. Founded by Jamie Munro, a former Division I coach, professional player, ESPNU analyst, and Inside Lacrosse contributor, 3d Lacrosse has operations, offices, teams and events throughout the nation and has trained more than 20,000 players since 2009. 3d Lacrosse is best recognized for its Box/Field Hybrid Development System, an instructional methodology which combines the best tight-stick handling and small-space skills from the successful Canadian Box game with the cutting-edge tactics and strategies now employed at contemporary NCAA Division I programs.
Filed Under: Boys, California, Club


Abstract The emission behavior of polyatomic ions in the ionization source of thermal ionization mass spectrometry (TIMS) was investigated. The results Suggest that the presence of a graphite promoter plays a key role for the formation and stable emission of polyatomic ions, such as M(2)X(+), M(2)BO(2)(+), Cs(2)NO(2)(+), and Cs(2)CNO(+). Our data further implied that the intensity of M(2)X(+) and M(2)BO(2)(+) increases and the emission temperature decreases with increasing cationic and anionic radius. During the boron isotopic measurement using the Cs(2)BO(2)(+)-graphite-PTIMS method, the isobaric interference ion Cs(2)CNO(+) cannot be transformed from nitrate or organic compounds containing an amide group but can be induced by the existence of trace amounts of boron because of its special electron-deficiency property (B(3+)). Characterization on the planar crystalline structure of various graphite samples with SEM, TEM, and Raman spectroscopy confirmed the relationship of the emission capacity of polyatomic ions and the crystal microstructure of graphite and provides direct evidence that graphite with a perfect parallel and equidistant layer orientation shows a beneficial effect on the emission of polyatomic ions in TIMS. The mechanism study on the formation of polyatomic ions opens the possibility to establish high precision methods for isotopic composition analysis of more nonmetal elements with the TIMS technique.
GB/T 7714 Wei, H. Z.,Jiang, S. Y.,Xiao, Y. K.. Effect of Microstructure of Graphite on the Nonreductive Thermal Ion Emission in Thermal Ionization Mass Spectrometry[J]. JOURNAL OF PHYSICAL CHEMISTRY A,2010,114(7):2427-2437.
APA Wei, H. Z.,Jiang, S. Y.,Ξao, Y. K..(2010).Effect of Microstructure of Graphite on the Nonreductive Thermal Ion Emission in Thermal Ionization Mass Spectrometry.JOURNAL OF PHYSICAL CHEMISTRY A,114(7),2427-2437.
MLA Wei, H. Z.,et al."Effect of Microstructure of Graphite on the Nonreductive Thermal Ion Emission in Thermal Ionization Mass Spectrometry".JOURNAL OF PHYSICAL CHEMISTRY A 114.7(2010):2427-2437.


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Ohanaeze to Ndigbo in North: Defend yourselves
By Funmi Akinbolu	 On Jun 8, 2017
The Ohanaeze Ndigbo Youth Council, on Wednesday, told Igbo living in the North to prepare to defend themselves against possible attack by northerners.
Addressing journalists after a meeting in Enugu, National President of the OYC, Mazi Okechukwu Isiguzoro, said the ultimatum issued to Igbo by the northern groups was a call to arms, and should be treated as such by security agencies.
"Igbo resident in the North should get ready to defend themselves in the event of any provocation and attack from the Arewa youths," Isiguzoro said.
He noted that the development could lead to another civil war in the country.
The Ohanaeze youth leader said, "They are at it again and this is a sad reminder of the civil war. This is how it started as a joke and before we knew it, a coordinated and simultaneous attack was launched against the Igbo in the North.
"This is a sad development considering the efforts being made to unite this country. This is a sad commentary considering the sacrifices Igbos have made in this country.
"We, however, wish to state unequivocally that the Igbo are not cowards. We are not afraid of Alhaji Abdul-Azeez Suleiman, Yerima Shettima and their cohorts.
"Ndigbo want to make it categorically clear that we are ready for them. We cannot be intimidated by their ranting."
Also, the Eric Omare-led faction of the Ijaw Youth Council Worldwide described the threat by northern youths as baseless and senseless.
Omara, in a statement on Wednesday, contended that there was absolutely nothing wrong in the Igbo agitation for self-determination.
The factional IYC President added, ''Therefore, the Igbo agitation for Biafra cannot justify the demand to move out of northern Nigeria.
''We believe there are criminally-minded persons who want to hide under the umbrella of speaking for the North to loot property belonging to Igbos in the North that are making the demand.
''We call on security agencies to as a matter of urgency move against the brains behind the ultimatum to Igbos in the North.
But a group of Nigerians, under the auspices of the South-East/South-South Network, asked security agencies to immediately arrest the leaders of the northern groups, who issued the ultimatum to the Igbo on Tuesday.
In an electronic mail sent to one of our correspondents by the leader of the SESSNet, Mr. Daniel Elombah, who said the group was made up of professionals, students and activists from the South-East and South-South, called on security agencies to arrest "these jobless youths and their sponsors."
It added, "We will not take excuse from security agencies if anything happens to our people in the North. Those youths should be treated like criminals by security agencies and we are watching to see what the DSS will do on this matter. If any Igbo is killed in the North, the leadership of the groups should face the consequences."
In its own reaction, the Pan Niger Delta Forum, an umbrella body for Niger Delta leaders, condemned in strong terms the ultimatum of the Arewa youth groups.
It noted that the "quit notice" was highly treasonable and portended great threat to the nation's unity.
PANDEF which is under the leadership of Ijaw national leader, Chief Edwin Clark, said the group considered the statement by the Arewa youths as the most dangerous statement ever made by any group to the unity and existence of Nigeria since the end of the Civil War.
In a statement on behalf of the group by a member of the Central Working Committee, Dr. Alfred Mulade, PANDEF called on northern state governments, elders, particularly the Arewa Consultative Forum to take concrete steps to reassure the safety of Igbo in the region.
A coalition of Northern groups, including the Arewa Youth Consultative Forum, had on Tuesday, given all Igbo resident in the 19 states of the North a three-month ultimatum to quit or be forced out after the expiration of the October 1, 2017, deadline.
NdigboNorthOhaneze
Funmi Akinbolu 2063 posts 0 comments
Quit ultimatum: Panic as Igbo living in North relocate wives, children
We have 'serious' case against Saraki, FG tells CCT


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Home » Judgments » High Court Judgments » ALRIC C. HILLOCKS AGENCIES LIMITED v THE ST. VINCENT GOVERIDIENT EMPLOYEES CO-OPERATIVE CREDIT UNION LIMITED
IN THE HIGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES (CIVIL)
SUIT NO.
529 of
ALRIC C.
HILLOCKS AGENCIES LIMITED
PLAINTIFl"
AND THE 5T. VINCENT GOVERIDIENT EMPLOYEES CO-OPERATIVE CREDIT UNION LIMITED
?>_ -s.
DEFENU.4NT
Mr. H. Matadial for Plaintiff Mrs. M. Hughes Ferrari and Mr.
R. Cummings
for Defendant.
MATTHEW J. (IN CHAMBERS)
The Plaintiff filed a Statement of Claim against the Defendant on October 8, 1990 in which his principal remedy was for an order to rectify n deed of mortgage No. 1905/90 between the Plaintiff as mortgagor 8n(1 the Defendant as mortgagee.
He also by summons filed on the same day asked for an interlocntcry injunction to restrain the Defendant from advertising or selling the mortgaged property until the final determination of the' action.
In his submissions learned Counsel for the Plaintiff stated rh8t he had attached an affidavit by Mr. H. Williams, at one time Solicit()1~ for thp Defendant where he admitted making changes in the deed. Counsel [11Sf> referred to the defence of the Defendant filed on October 25, 1990 to suppm-t the allegation that the writ was not frivolous or vexatious and to support the fact that there were serious questions to be tried.
Counsel referred to the fact that a Director of the Plaintiff had given a signed undertaking as to damages filed in this Court on October 8, 1990 and he submitted that if the grant of the injunction was denied it ,,!['HId me:,;( disposi.ng of the claim in a summary manner. Counsel (t1so referr!?o l:fH'
'::(1
U.K. l-lhite Book 1988 at Pages 472/473 referring to the general pr.i!lcll'i.C:' ':('
/1. .. ..
-2be
taken into account in 'application for interlocutory injunctions as authoritatively eXlllained by Lord Diplock in AMERICAN CYANAMID V. ETlIICON LTD. 1975 A.C. 396.
Learned Counsel for the Defendant in reply contended that the grant or refusal of the injunction will put an end to the matter and therefore invited the Court to consider the matter on its merits. Counsel contended that regard should be had to the conduct of the Plaintiff who had fraudulently induced Defendant to put off a sale scheduled for June 27, 1990 by giving a bounced cheque. Counsel contended that the Plaintiff was impecunious.
Counsel further relied on the case of CAYNE V. GLOBAL NATURAL RESOURCES
P.L.C. 1984 1 AER 225 CIA. The background to this case can be gleaned from the said affidavit of
.1/ . .,J'•. //
//~-If… ' :'r-
Henry Williams which the Defeftd~it: tendered as exhibit. In March of this year Henry Williams was instructed by the Defendant to prepare for executioll documents relative to the transfer of a mortgage from C.I.B.C. to the Defendant. The Plaintiff at the time owed the C.l.B.C. $275,000. He stated, and that has not been challenged, that he prepared two documents namely a deed of transfer between C.l.B.C. and the Defendant and a deed suppletoentRl to it between the Plaintiff and the Defendant for execution on March 25, 1990. Henry Williams made one mistake; not to get the Plaintiff to sign the l11l:i:r:r deed before or at the same time that the former was being executed. As he stated the deed of transfer was duly executed, but in spite of numerous requests, and that too has not been denied, the Plaintiff failed to execute the supplemental deed or to discuss with the Defendant the terms of repoym~nt of
the mortgagef "debt or to pay any interest or principal on the debt. He stated that in the supplemental deed the repayment date was stated to be "31st May next" on the assumption the deed would be executed on March 25, 1990.
As a result of the Plaintiff's conduct, the property 'was advertised for sale on June 27, 1990. Shortly before the sale the Plaintiff's director went to the Treasurer of the Credit Union, Mr. Kenwyck Lewis, to discuss with him
the question of cancelling the sale. The Plaintiff's director leH l'b-. j,{;'rlis and went to the Chaulbers of Mr,. Williams and there tendered an amount of $20,000 in cash and he gave a cheque for $16,205.00 which was later dishonourr::d, The said director, who at all times seems to have been representing the
Plaintiff, promised to return to Mr. Williams' Chambers later that day btl t h'·'
-3never
did so.
The Plaintiff's director, Mr. A.C. Hillocks, had also left with Mr. Williams the supplf!!-mental deed duly executed. One of the changes ioThich the Plaintiff requests is that the deed be dated "27th day of June" ins toad of "25th day of March"; I wish to observe that no where in the document before me is a suggestion that the Plaintiff executed the deed on June 27. 19YU
It appears that after the signed deed was handed to Mr,' Williams he changcll the words "1st May next" and inserted "on demand". This appears to me to ha"c been quite unnecessary since the deed was dated "25th day of MarchI! but he clJ(l so as he explain~d in good faith since 1st May 1990 had alreDdy gone. The otltC:l change Mr. Williams made to the deed was to insert the words "$6,500 eommenChl['. on the 1st day of July 1990." Mr. Williams was there extending the paymeJlt date and at the same time inserting the monthly amount that should be paid. The Plaintiff is also in effect asking that the deed should be correcte.d SD that no amount should be inserted for the monthly instalments.
I entertain no doubt whatsoever that Hillocks agreed with Ken~ryck Lewis that the monthly principal repayments would be $6,500 plus interest and this is the basis on which he tendered $20,000 in cash to Mr. Williams and the dishonoured cheque for $16,305.00.
The substance of the Plaintiff's case appears to be to get a correction
of the deed so that his time for repayment should be Hay 1, 1991. If the
Plaintiff were to succeed in getting the injunction he would be placed in
an even more favourable position for it is very unlikely that this case., '.-lhich
is not yet ripe for hearing can be heard before Nay 1, 1991. And ind(:!ed lhcr·:;
would be little to be derived from a trial.
Learned Counsel for the Plaintiff has contended that if at the trial it
were held that Plaintiff was not entitled to rectification of tIle deed, tho
Defendant could still go ahead and recoup its money. But this could be at a~
irreparable loss to the Defendant who has lent $275.000 to the PlaintHf Rjncc
March 1990 and has only been able to get back $20,000 to date ~Jithot1t ;"Hty
interest. The Defendant would have to be kept out of its money for a lengthy
period and the sale Qf the property might not be able to be sufficient for i;:
to get back its money. The undertaking in damages signed by the Plaintiff's
director may yet be another useless scrap of paper seeing the difficulty !!(!
encounters in repaying a monthly figure of $6,500 plus interest.
-4-:The
three principles of the Cyanamid case are set out at the top of page 473 of the Supreme Court Practice 1988. It is very doubtful that the Plaintiff has a good arguable claim to the right he seeks to protect; or a serious question to be tried. The Plaintiff cannot base the strength of Ilis case on the Defendant's defence. I will for the time being assume that Plaintiff has a triable case.
In CAYNE V. GLOBAL NATURAL RESOURCES PLC 1984 1AER 225 it was held that IfWhere the grant or refusal of an interlocutory injunction will have the practical effect of putting an end to the action, the Court should approach the case on the broad principle of what it can do in its best endeavour to avoid injustice, and to balance the risk of doing ap injustice to either par In such a case the Court should bear in mind that to grant the injunction sought by the Plaintiff would mean giving him judgment in the case a t til" Defendant without permitting the Defendant the right.of trial. Accordingly, the established guidelines requiring the Court to look at the balance of convenience when deciding whether to grant or refuse.an interlocutory injullct:5_ori do not apply in such a case, since, whatever the strength of either side. th~ Defendant should not be precluded by the grant of an interlocutory injullctio[1 from disputing the Plaintiff's case at the trial."
If I were to decide this case on the balance of convenience I would find that it came down in favour of the Defendant but approaching the case on 11 broad front I find it would be unjust to allow an impecunious Plaintiff to hold such a large sum of money belonging to the Defendant without paying the reasonable monthly instalments agreed upon for an indefinite period ill Llw
future. In N.W. LTD V. WOODS 1979 3 AER 614 at Page 626 Lord Diplock stBted "Where, however, the grant or refusal of an interlocutory injunction
will have the practical effect of putting an end to the action becallse. llH: harm that will have been already caused to the losing party by its grunt or its refusal is complete and of a kind for which money cannot constitute any worthwhile recompense, the degree of likelihood that the PJ<'1.l11:tfr would have succeeded in establishing his right to an injunction if the actinr,
/5•..
-5had
gone to trial is a factor to be brought into the balance by the Judge in weighing the risks that injustice may result from his deciding the application one way rather than the other."
In my judgment the degree of likelihood that this Plaintiff would succeed in establishing his right to an injunction if the action were to go to trial is very slight indeed.
At page 235 of Cayne's case Lord Justice Kerr stated: "The test for the application of Cyanamid is therefore whether the case is one where the Court can see that it is likely to go to trial at the instance of the Plaintiffs and whether the grant of an injunction is therefore appropriate or not, as a way of holding the situation in the interim". See also Lord Justice May's judgment at page 237 letters (f) -(g).
The Plaintiff in this case does not corne to the Court with clean hands. As I stated earlier it was anticipated by the Vefenclllnt thllt PlnintUf ~"(1uhl have executed the mort;:gage deed on March 25, 1990 on the same day as the Defendant accommodated him. I cannot help but observe the manner of expression of the Plaintiff in paragraph 4 of the Statement of Claim which states:
"By a deed of':i,ndenture bearing registration number 1226 of 1990, the Defendant had the said mortgage transferred from the Caribbean Banking Corporation Limited to itself."
It suggests some officious behaviour on the part of the Defendant without the consent or approval of the Plaintiff.
After the Def'endant accommodated the Plaintiff the next time the
Defendant hears from him was on the scheduled day of sale on June 27, 1990.
In his affidavit filed on October 23, 1990 Henry Williams stated that s~veral
oral and written requests were made by the Plaintiff and its Solici.tor tn hold
discussions to have the deed completed and executed but to no avail. He
tendered in exhibit a letter dated May 21, 1990 which supports the allegation.
The last paragraph of the letter states:
"I am further instructed to inform you that if you fail to comp.Ly bv
31st May 1990 the Credit Union will proceed immediately thereafter and
exercise the power of sale of the property."
/6…•.
-6Still
the Plaintiff took no notice of the Defendant. When he did
take notice was on the morning scheduled for the sale at which time he
agreed to the monthly insfalments but in the process of getting the sale
cancelled the Managing Director tricked Mr. Williams with a dishonoured
cheque.
In the exercise of my discretion I would dismiss this summons with
costs to the Defendant to be taxed if not agreed.
,/ I /,
1. "'-'-;-… /_/ L-~
-.—–… A -…<.-:-~ –"'" .' ~–;>:J-/' ; -/ I \ .
. . '…'…):: ….. .1. .~ … '* • ~ ~ ~ … … ..
'" '"
A.NAj HATTHEW PUISNE JUDGE. '
/alric-c-hillocks-agencies-limited-v-the-st-vincent-goveridient-employees-co-operative-credit-union-limited/
Nellie Vitalis v W.D.S Sanchez
OTHNEIL SYLVESTER v SATROHAN SINGH


text:
Die Liste der Stolpersteine in Berlin-Kaulsdorf enthält die Stolpersteine im Berliner Ortsteil Kaulsdorf im Bezirk Marzahn-Hellersdorf, die an das Schicksal der Menschen erinnern, die im Nationalsozialismus ermordet, deportiert, vertrieben oder in den Suizid getrieben wurden. Die Spalten der Tabelle sind selbsterklärend. Die Tabelle erfasst insgesamt 12 Stolpersteine und ist teilweise sortierbar; die Grundsortierung erfolgt alphabetisch nach dem Familiennamen.

Weblinks

 Stolpersteine in Berlin Kaulsdorf Bilder, Informationen und Standorte der Stolpersteine in Kaulsdorf
 Koordinierungsstelle Stolpersteine Berlin Informationen zum Projekt "Stolpersteine" und Biografien der Opfer des Nationalsozialismus
 Stolpersteine im Bezirk – Bezirksamt Marzahn-Hellersdorf von Berlin

Einzelnachweise

!
Kaulsdorf
Stolpersteine Berlin Kaulsdorf

redpajama_set_name: RedPajamaWikipedia


Due to security update KB2656356 / MS11-100 the number of data elements were limited by 1000 as default.
As far as i know there are 3 solution for preventing this problem.
2. Change the page zo that you don't cross the border of 1000 data elements.
I prefer option 3 because option 2 is not desired by the enduser.
Problem is that after publishing a new version of the e-space, this added key has disappeared.
Is there a way to prevent the loss of this added key evry time i publish the e-space?
check out http://www.outsystems.com/forge/component/25/service-center-factory-configuration/. There you can tweak stuff without having to worry by publish stuff.
However, this will affect *all* of your eSpaces, not just the one you're having problems with.
In order to make changes to individual eSpace's web.config file you should always use the component Statler told you about.
Thanks, i'm going to check this out.
if the Service.Center.Factory.Configuration component doesn't do the trick then this solution will do.


text:
Q: Moving up a folder from the executable I am trying to make a file path inside of the folder above the executable. For instance, I am wanting the variable TAGPATH to be the filepath to an executable in the folder C:\User\ApplicationFolder\tag_rw\tag_rw.exe while the application is in C:\User\ApplicationFolder\AppFiles. I want the application to be portable, meaning no matter the folder names it will retrieve the filepath of the application's executable then go to the parent folder and navigate into tag_rw\tag_rw.exe.
I basically want string TAGPATH = @"path_to_appfolder\\tag_rw\\tag_rw.exe"
Here is what I have tired so far (using the first answer How to navigate a few folders up? ):
  string appPath = System.IO.Path.GetDirectoryName(System.Reflection.Assembly.GetExecutingAssembly().GetName().CodeBase);
  string TAGPATH = System.IO.Path.GetFullPath(System.IO.Path.Combine(appPath, @"..\"));

I am getting a run-time error ArgumentException with the description URI formats are not supported.
Is there an easier/better way to go about this?
Thank you!

A: Navigation is limited to absolute and relative types. I think you mean to navigate to parent directory regardless of whole application location.
Maybe you try relative path
string TAGPATH = "..\\tag_rw\\tagrw.exe"

A: Can you try this?
    static void Main(string[] args)
    {
        string cur = Environment.CurrentDirectory;
        Console.WriteLine(cur);
        string parent1 = Path.Combine(cur, @"..\");
        Console.WriteLine(new DirectoryInfo(parent1).FullName);
        string parent2 = Path.Combine(cur, @"..\..\");
        Console.WriteLine(new DirectoryInfo(parent2).FullName);
        Console.ReadLine();
    }

redpajama_set_name: RedPajamaStackExchange


If your smartphone suddenly stops responding to your touch, it could have a hardware malfunction known as Touch IC disease. Once your phone has it, it isn't easy to fix, but there are a few ways to prevent it from happening. In this installment of uBreakiFix Learn, Mia discusses why this phenomenon occurs and the difficult process that techs have to go through to fix it.


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Longing for democracy in Spain
The death of Adolfo Suárez, the first democratic PM of post-Franco Spain, at the age of 81, has reminded a depressed and disenchanted Spanish society that there was once a moment when they prevailed over the odds of history.
Cristina Manzano
A statue of Suárez in Plasencia, Spain. Flickr/Jose Antonio Cotallo López. Some rights reserved.
It was the chronicle of a death foretold. On March 21, only two days before his death, Suárez's eldest son had given a press conference to announce that his father would certainly pass away in the next 48 hours, following a deterioration in the Alzheimer disease from which he had suffered for the last ten years. Suddenly, every minute and line of the mass media was filled with the story, with the success and the demise of the man who had led the country from dictatorship to modern democracy.
Tens of thousands of citizens queued for two days at the Palace of Congress, where the funeral chapel had been placed, to give him their last farewell and recognition. For a figure that had been out of the political scene for more than two decades and out of any public attention for more than one, such popular support might appear surprising. It was also unusual to hear the acclamation in favour of democracy and honest politics during his funeral procession.
Suárez's death reminded Spaniards that there was another way of doing politics. A way in which politicians were able to put the common interest before the individual or the partisan; in which there was a collective objective – to learn to live in peace under a democratic government – and there were leaders with the vision, the strength , the charisma and the political intelligence to achieve this.
Adolfo Suárez killed Franco's regime from within. A young politician with ambition and a stunning career, he was, at 43, surprisingly chosen by King Juan Carlos to lead the government when the first prime minister after Franco's death resigned in 1976. Immediately, Suárez started to prepare the reform of the political system, which was approved by the late Francoist Cortes (the Congress at the time), a true political suicide for them. The reform led to the first democratic elections in 1977 - which Suarez won, heading a loose coalition of parties - and then to the approval of a new Constitution in December 1978.
Hectic years
Those were more than hectic years. Popular pressure for change clashed with the ingrained interests of a part of the Army and of the old oligarchy, with a tireless and cruel campaign by ETA, the Basque terrorist group, and a deep economic crisis that put the country on the verge of disaster as background.
In such a complex environment, the prime minister was the champion of dialogue and consensus, the preferred words of the time. Probably one of the most celebrated examples was the so called Pactos de la Moncloa, an agreement among the trade unions, the major political parties and the business organizations to fight against an unstoppable inflation and to address economic reform. (Since 2008, many voices have demanded a similar type of consensus, for all the different political actors to join forces against the crisis… without any success. Polarization and party interests prevail.)
Yet, Suárez, who was able to fulfil the titanic task of putting a peaceful end to a dictatorship – with the support and help of the King - could not keep his own party together. After winning a new general election in 1979 he faced huge internal opposition. Feeling that his people did not support him any longer, and that his presence could endanger some of the pending reforms, he resigned in January 1981.
One of the most dramatic events of the Spanish Transition took place then: on February 23, while the Congress was voting Leopoldo Calvo Sotelo in as PM, there was a coup attempt by 200 army officers who bursted into parliament. Adolfo Suárez, sitting all alone in an apparently empty Congress Chamber, his fellow MPs hidden under their seats as a bunch of civil guards were shooting at the ceiling, has become the image of political courage and dignity. "Had I not been the president of the Government, I would have probably hidden under my seat too; but I was the president of the Government", he was to declare years later. It was also the beginning of what would become the Suárez myth: the honest and brave politician who did what he profoundly believed was his duty towards his country even if that meant giving up power.
Many Spanish citizens have longed for that kind of honesty these days. Almost all major political parties, at national, regional, and local level, have been involved in corruption cases of different nature and magnitude over the last twenty years. At the beginning of 2013 there were more than 300 indicted politicians in Spain. It usually takes a long time and a huge pressure before any of them resigns and leaves office - if they ever do.
Spain has dropped ten places in the 2013 Transparency International Corruption Perceptions Index. The uncovering of a seemingly endless number of corruption cases, the slowness of the judiciary system – which contributes to spread a certain feeling of impunity – together with the cuts in social spending have fostered general indignation and lowered a traditionally tolerant attitude towards corruption. Surveys have steadily shown that after unemployment and the economic situation, corruption, politicians, political parties and politics are among the major concerns of Spanish public opinion.
Suárez's memory is a vindication of the Spanish Transition as well. The largest collective achievement of Spanish recent history has been severely questioned and attacked in recent times.
It is undeniable that more than three decades after the approval of the Constitution some issues need to be reviewed; both Spain and the world have changed. The design of the political system – conceived to guarantee much-needed stability – has led throughout the years to a bipartisan paralysis, with little room for newcomers and new ideas.
The territorial architecture, initially designed to accommodate Catalan and Basque nationalist demands, has evolved into the multiplication by seventeen of bureaucracy, inefficiency and public expense and debt; and even the fact that the so called 'autonomies' (the regions) enjoy the largest degree of self-government in Europe has not been enough to stop nationalist claims. This has reached its peak with the decision of the current Catalan government to call for a referendum for independence, a process that is putting a lot of strain on Spanish politics.
Admitting the need for constitutional reform, admitting that some issues were left unresolved, it however seems unfair to blame current plights on how the Transition was carried out. Presentism looms just around the corner, and it is hard to envisage how it could have been done differently considering the circumstances. The sheer fact is that thanks to that process, even if imperfect, Spain has lived in peace for the last 40 years and despite the shock of the current economic crisis, it had never enjoyed the level of prosperity that it has today.
But if history is any indication, the echo of Suarez's spirit will fade soon. In spite of the pompous words heard these last weeks, there is no willingness whatsoever to start a real dialogue among the main political actors nor to introduce any real reform into the political structure, although both would be much needed to face a stable future. Any change to the rules of the game would undermine the interests of Spanish politicians. And nobody seems crazy enough to try.
Spain and Catalonia: an Iberian dilemma
Written by: Fernando Betancor All articles by: Fernando Betancor
There's a very different idea of politics and democracy forming in my head
Written by: Lotta Tenhunen All articles by: Lotta Tenhunen
Written by: Adrià Rodriguez All articles by: Adrià Rodriguez
Spain's Marches of Dignity, 22M, 2014: not anti-politics
Written by: Cristina Flesher Fominaya All articles by: Cristina Flesher Fominaya
Published in: openSecurity
Victims no longer: Spain's anti-eviction movement
Written by: Carlos Delclós All articles by: Carlos Delclós
Trapped in the Eurozone - the deep nature of Spain's economic woes
Written by: Manuel Muriel All articles by: Manuel Muriel
Spotlight on Spain


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An MSU Student Cooked Bacon on a George Foreman Grill in the Middle of Class
Yeah, I know this isn't sports related, but it's awesome.
By Charlie Burris Apr 21, 2015, 9:38am EDT
Share All sharing options for: An MSU Student Cooked Bacon on a George Foreman Grill in the Middle of Class
Britt Reynolds
Some people are just true visionaries. Thomas Edison, Steve Jobs, Oprah, the person who created jelly-filled donuts, and this guy:
Y'all this guy is making a sandwich with a George Foreman in class. #hailstate pic.twitter.com/4XZsxRd5rU
— Britt Reynolds (@brittkelso) April 20, 2015
That's right, this intrepid MSU student is cooking bacon to make a sandwich on a George Foreman grill not only in the middle of class but IN THE FRONT ROW. If you are devoted enough to the craft of sandwich making that you would lug a George Foreman grill to class, sit in the front row, and then proceed to cook bacon on that grill for the sole purpose of putting it on a sandwich, you deserve an award for how little you care about the opinions of others and how much you care about sandwich making. And the professor couldn't care less, probably because he respects the kid for having the guts to bring a grill to class and make bacon right in the middle of a lecture.
And this was no selfish act either, besides being a trailblazer for all sandwich lovers, he gave the gift of a bacon aroma to the rest of the class:
The whole room smells like bacon now and I couldn't be more happy
What a hero. And of course, he goes to Mississippi State, no Ole Miss student is capable of such a groundbreaking moment.
Hail State.


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InfoQ Homepage Articles Practical Applications of Complexity Theory in Software and Digital Products Development
Practical Applications of Complexity Theory in Software and Digital Products Development
Apr 01, 2021 22 min read
Luca Minudel
There are several practices inspired by Complexity, to be employed every day in software and digital products development.
The landscape of such Complexity-inspired practices has three major regions: the teams, the work to do, and the whole organisation.
These practices provide a new means to gradually introduce our co-workers, our teams and our organisation to Complexity. They exemplify a new approach that consists of acting our way into the new Complexity thinking.
This new approach shifts up-side-down the centre of gravity of the conversation around Complexity, from the theory to the practice. It makes practice prominent. And it wants to engage hands-on practitioners, problem-solvers and tinkerers.
All these practices are based on social complexity and anthro-complexity. Therefore, they fully recognise the unique qualities of the human element, and that we are not algorithms, cellular automata, nor hives.
Complexity theory was introduced to the Agile community in 2004 (Joseph Pelrine with self-organisation and social complexity; Dave Snowden with Cynefin; followed by many others), with the intention of explaining why Agile works, and to understand many things about Agile; to pitch different ways of looking at and understanding how modern organisations excel. Complexity theory, together with Agile and Lean, is indeed one of the three pillars of today's modern ways of working.
17 years later, when we observe teams at work in their day to day activities, we still see a lot of opportunities to introduce practical applications of Complexity.
What if we start a new conversation about Complexity, also engaging a completely different crowd- the hands-on practitioners, the problem solvers, the tinkerers? What if we approach that conversation in another way? Let's begin to do that, now, guided by two new radical ideas.
This article is inspired by the book Living Complexity by Luca Minudel.
What are the two radical new ideas for Complexity?
The first radical idea has to do with the theory and practice of Complexity. The second radical idea has to do with the human element in Complexity theory.
Let's start with the first one. Most of the literature on Complexity and most of the conversations revolving around Complexity are theoretical. This is true and has been true in the last 17 years, also in the software development community, in the products development community, and more in general in the broader Lean and Agile community.
When you look into real teams and organisations, here and there you will find some individual who is passionate about Complexity, who knows the theory, and who is using it to interpret, understand, and make sense of the events happening around her/him and reacting in more effective ways. Complexity gives her/him an edge. But such a presence of Complexity thinking is confined.
The first new radical idea is to shift up-side-down the centre of gravity of the conversation around Complexity; to make the practical applications of Complexity theory prominent.
This means to talk about and discuss Complexity from a practical point of view; to engage hands-on practitioners, problem solvers and tinkerers in the conversation; to act our way into the new Complexity thinking, instead of waiting for the new thinking to materialise itself, dwelling on the theory with only limited action, or philosophising about insoluble problems while forgetting about today's opportunities to act.
How would "acting into the new thinking" look as a way of making Complexity practical?
The preferred approach to learning new ideas for most individuals is to start with practical examples and actual hands-on practice. Practical applications are the most effective way to introduce the basic vocabulary and concepts of Complexity to our co-workers, teammates, the whole team, and the rest of the organisation.
Being explicit about the context is also important, in order to move from theory to practice. Otherwise, we remain in the abstract and have a lot of implicit assumptions. For that reason I've chosen a context for the practices I'm focusing on. It is modern software and digital products development.
The next step is to dig into the practical applications, into the specific practices inspired by Complexity theory. And that starts with understanding what a practice inspired by Complexity theory is. When I ask someone to make an example of a practice inspired by Complexity theory, the answer may be something like Cynefin, the popular framework developed by Dave Snowden and others. In the same way, Extreme Programming and Scrum are Agile frameworks, but not practices. When I ask again, the answer may be something like Probing or Ritual dissent. These are techniques just like Dot-voting which is a facilitation technique that can be used during a Retrospective. Rather, a practice is a set of activities that can be used by a group of people (a team, a few teams, a department, etc.) to fulfil a specific need they have. So each practice has a specific purpose. It has a sequence of steps and activities, a certain workflow. It has inputs and produces a set of outputs and outcomes.
Can you give an example of a practice?
I can give you a quick overview of the Basic Model, a practice inspired by the work of Joseph Pelrine on coaching teams and self-organisation. Pelrine is a pioneer and top expert on Agile methods, who applies leading-edge techniques from social complexity and psychology.
When you are forming a new team- an Agile team most likely, or when you are rebooting an existing team- it is the perfect time to ensure that the prerequisites to self-organisation are in place, so that the potentiality of self-organisation can be fully exploited. Then the team needs a way to try to orient self-organisation toward positive and desirable outcomes. Otherwise, self-organisation could go in any direction, desirable and not.
Self-organisation is a fundamental dynamic of complex systems. This is how this practice is related to Complexity theory.
The Basic Model starts with a check of the prerequisites to self-organisation, briefly listed here:
Critical mass: no emergent behaviour occurs from a group of people that is too small. Three members is the bare minimum.
Diversity and dissent: homogeneous groups are easy victims of Groupthink and blind spots.
Environment: small enough for team members to not avoid each other, and big enough to leave room for manoeuvre.
Letting people do it: to interact, collaborate, negotiate meaning and intentions, be creative, act.
The next step is to tweak a few control knobs to try to orient self-organisation toward beneficial outcomes.
The Basic Model introduces this concept of "control knob" and describes three of them. They are briefly listed here:
Team Size: has an impact on the receptivity to new ideas, and the time to build consensus.
Team's Boundaries: changing who is in the team or out, and who has an impact on the team dynamic.
Roles: activate identities that influence the behaviour (take the SM and PO roles in Scrum as an example)
Some tips and stories following the description of the practice contribute to bringing the practice to life.
One of the tips is about how to use the control knobs. Because of the nature of self-organisation, we don't and can't know in advance what patterns will emerge after we tweak a control knob, or what secondary effects or unintended consequences there may be.
So the approach is to tweak the control knob that seems the most suitable for the circumstances, then wait for the effects to unfold and emerge. If they are beneficial, one can stop or even try to amplify that change. Or if they are detrimental, one can reverse the changes and try something different. So the approach for the interventions on the control knobs is trial and error. The intervention cannot be designed upfront given the desired outcome, because the emergence of population-wide patterns of behaviours and actions in self-organisation defy deterministic cause-effect law.
The story below is an account of a personal experience:
From personal experience, working with traditional medium and large organisations, at times I've noticed some implicit assumptions and established practices that tend to promote a way of doing things that hinder and frustrate self-organisation, instead of enabling and supporting it. For example, a project-centric approach that disbands teams at the end of each project or often; it frustrates the efforts made to create an effective team. Division of labour and functional silos with individual performance reviews hinder collaboration. A structural separation between planning and execution, thinking and doing, creates a cramped environment with not enough room for manoeuvre.
This story suggests that when checking the prerequisites for self-organisation, it is worth watching out for those implicit assumptions and established practices mentioned above and consider the impact they are having on self-organisation.
Here is one tip.
Don't tweak many control knobs one after the other like a mad scientist trying every possible experiment. The individuals and the system have memory, disposition, and propensity that are altered by every experiment, even after the experiment is reversed. Instead, start with observing the forces at work, develop some situational awareness around the self-organising system, and intervene only when a change/improvement is required.
This description of this Basic model practice that I've given so far is itself an example of how any practice inspired by Complexity theory can be described with five sections: overview, purpose, relation to complexity, description, and practical tips & stories.
What about other practices?
Another practice, for example, is Estimating Complexity by Liz Keogh.
It can be used to estimate the degree of complexity of the work to do, where the work to do could be a problem to solve, a feature to implement, an Epic or a small set of User Stories.
In a nutshell, the practice describes a Complexity estimation scale that follows from the question, "Who in the world has done this before?"
I've mentioned before the Basic Model by Joseph Pelrine, and now with Estimating Complexity by Liz Keogh we have two practices. There are more.
Since 2004, when I began my journey into Complexity, I've struggled to find practical applications of Complexity theory in the context of software and digital products development. Since then I've kept a list with any practice I could find and any model that could have a practical application; I have designed and experimented with a few practices myself, and I've asked other practitioners about their own practical applications of Complexity, up to the point when I've found myself with a list of several practices inspired by Complexity theory. I've selected the most relevant, I've grouped them searching for commonalities, I've sorted them from smallest to biggest as a potential order of adoption. The result is more than a digest of practices. One may call it a catalogue of practices whose structure gives a hint of the landscape of all the possible practices inspired by Complexity, in the context of software and digital products development.
Lists and catalogues are attempts to make infinity comprehensible, to create order out of chaos.
The list is the origin of culture - Umberto Eco
The landscape hinted by the catalogue may suggest where to search for other practices, and ideas for novel practical applications you can develop and experiment with. Below is a list of a few practices from the catalogue organised in groups:
Basic model (by Joseph Pelrine)
Heat model (by Joseph Pelrine)
Flow model (by Joseph Pelrine)
ABIDE model (by Dave Snowden)
All the practices above are about self-organisation. More specifically, about attending to and orienting human self-organisation toward desirable and beneficial outcomes. Otherwise, anything can happen when self-organisation is left to itself. These practices are centred around the idea that we are complex. Where "we" means individuals and teams.
The practices from the list above range from smallest to biggest. The Flow model extends the Heat model, that extends the Basic model. A Complexity practitioner could start with introducing to a team the smallest practice, build on the success, and gradually introduce bigger and more advanced practices.
Sensing Complexity (by Luca Minudel)
Estimating Complexity (by Liz Keogh)
Complexity Estimation for a delivery initiative (by Luca Minudel)
Four points method (by Dave Snowden)
Above is another list of practices from the catalogue. They are about assessing the degree of complexity of the work a team has to do (a problem to solve, a feature to implement, an Epic, a set of User Stories, or a whole delivery initiative). They are centred around the idea that the work we do may be complex.
People who are used to dealing with a lot of simple problems tend to see all problems as simple. People used to dealing with very Complex problems tend to see all problems as Complex. This is why these practices to access the degree of complexity, beyond individual prejudices and biases, are extremely useful.
The practices from the list above also range from smallest to biggest, where the smallest practice can be the first to be introduced to a team, before targeting bigger and more advanced practices.
RUDE estimation (by Dean Latchana)
Cynefin for decision-making (by Dave Snowden)
C2 Approach Space (by David Alberts)
Estimates Accuracy with the Cone of uncertainty (by Luca Minudel)
The practices above are about adapting to the degree of complexity of the work at hand and the circumstances. These practices drive the adaptation of:
Decision-making approach
Team settings and ways of working
Investment & delivery strategy
Most organisations tend to use an almost static playbook for the way they do things, for any circumstances and all the work regardless of its degree of complexity. This is why these practices are particularly useful.
Red Team technique (by Dean Latchana)
Culture affinity assessment (by Luca Minudel)
Lean Inception (by ThoughtWorks)
These last three practices are about collaborating in the presence of Complexity. They are centred around the idea that the whole organisation may be complex.
And they are based on co-creation, a collaboration pattern that is particularly effective when dealing with Complexity.
When one looks at the practices in this group, one may recall other Agile practices that could potentially be added to the list. This is because many Agile practices share the same foundations of Human Complexity, namely co-creation, co-evolution, and emergence/simplicity. More generally, these practices that look beyond the team make us reflect on the implications of Complexity on the broader organisation, the way we think about modern organisations, and the way we think about how modern organisations work.
To recap the landscape emerged so far, the practices inspired by Complexity theory in the context of software and digital products development include the three regions depicted below (see Figure 5).
Zooming in, there are many ways to organise and group and connect the individual practices. I've pencilled below one possible visual map and have invited others to draft their own.
Carlo Volpi accepted the challenge and drafted his own map. His map contains four levels that include his personal notes and comments for every practice. Below is a two-levels version of his map.
Figure 7 (Click to zoom)
What's the second new radical idea for Complexity?
A large part of the literature on Complexity, and several of the examples used to advocate or explain Complexity theory for teams and organisations, are based on complex systems with agents that are not people. Instead, the agents are algorithms as in cellular automata, in Boids, and the likes. Or molecules as in chemistry models, or cells as in biology models. Or plants, insects, or animals.
But people are not hives nor algorithms. We have notable characteristics that are not found elsewhere.
The second new radical idea is to focus on the unique qualities of human agents and human complex systems. We are not hives nor algorithms.
While this may seem to be stating the obvious, a large extent of management literature covering Complexity makes conclusions based on complex systems where the agents are algorithms, cells, or insects.
These are systems where all the agents are identical and easily replaceable, and whose behaviour to some degree can be simulated, preserving the illusion of control, and the possibility to plan upfront actions that will lead to the emergence of the desired population-wide patterns of behaviour and action.
Focusing explicitly on human complex systems with human agents may prevent the mistake of employing the language of Complexity while referring back to previous methods, practices and way of thinking; those that work for the complicated world of the assembly-line and the industrial mass production, but not for the whitewater of the knowledge work, the hyper-connected social and technological ecosystem, and the information overload we live in.
The branches of Complexity that study this are, for example, social complexity and anthro-complexity. More generally, I refer to it as human complexity.
This radical idea of focusing on Human Complexity is not only appropriate and correct when we look at teams and organisations, but it is also powerful, fascinating, and in a sense even romantic.
Stuart Alan Kauffman, complex systems researcher who studies the origin of life on earth, says that:
We are agents who alter the unfolding of the universe.
Norbert Elias, a sociologist who used the concepts of self-organisation and emergence in his explanation of social evolution and his theory of civilizing/decivilizing processes, says that:
It is this order of interweaving human impulses and strivings, this social order, which determines the course of historical change.
In the world we live in, in the work we do and in modern organisations, Complexity can be seen as a threat, as well as opportunity. But most of all it is an origin of life, and the source of the most precious ingredient: human creativity. Ralph Stacey tells us that disorder is the material from which life and creativity are built.
How does human Complexity fit in with the practical applications of Complexity theory?
The realisation that people are not hives nor algorithms has huge practical implications.
The agents in a human complex system, unlike non-human complex systems' agents, are all different from each other; they are heterogeneous, and each one of us is unique.
We, human beings, have free-will, spontaneity, and agency. We are driven not only by instincts, pain or pleasure, needs or desires, but also by beliefs, values, principles, sentiments, emotions, intuition, irrationality, and much more.
And we are intelligent; we have memory and we learn. In addition, we can co-create new knowledge and share it with others.
These are essential qualities that play a fundamental role in knowledge work and modern organisations.
Take a look at the prerequisites to self-organisation in the Basic model previously described, which are necessary for all the four practices based on the self-organisation mentioned before:
You will notice that among the prerequisites, that diversity and dissent are related to the uniqueness and heterogeneity of the human element, as well as letting people do it that is related to the agency as well as to the intelligence of the human element.
This is really something when you think that in several modern organisations there are still many established practices, implicit assumptions, and habits aimed at limiting variations, constraining creativity, and ensuring compliance. These are rooted in the Industrial Age and the assembly-line.
The approach to orient self-organisation described in the Basic model and used by all other practices based on self-organisation is also based specifically on the human element, for example, the social element of co-creating and sharing knowledge.
The contrast with other approaches derived by non-human self-organisation (as an example cellular automata and Boids) is stark. One of such approaches consists of designing and prescribing a small number of simple rules in order to create the desired population-wide patterns, as if we human beings are programmable robots.
The human element is also the pivot point of all four practices mentioned before, to assess the degree of complexity of the work a team has to do:
The result of the assessment reflects the ability of the team members to make sense collectively of the work to be done, what they collectively know about the domain and the technology involved, and their ability to work together.
All the practices mentioned before are based on co-creation which is a fundamental pillar of Human Complexity:
The way that Alasdair MacIntyre put it is as follows: << Man is … essentially a story-telling animal. That means I can only answer the question "what am I to do?" If I can answer the prior question of "what story or stories do I find myself a part?" >>
Employees, consultants, partners, suppliers, and their social networks of relationships and local interactions, are potential sources of Complexity. Similarly, hyper-connected and tech-savvy constantly interacting customers are too. Those same networks of human beings who are more susceptible to Complexity are at the same time better suited and equipped to cope with and exploit Complexity.
It takes a network to compete with a network - Stanley Allen McChrystal
What Complexity-inspired practices could fit into a retrospective?
The first and the smallest among the practices to assess the degree of complexity of the work at hand, Sensing Complexity (by Luca Minudel), has its place in a retrospective.
Sensing Complexity uses two aspects of the human social experience, agreement and certainty, to assess the degree of complexity of the work the team has at hand.
Imagine a situation during a team retrospective where the team members are inspecting the unforeseen reasons for a work item not being successfully completed on time. The conversation, instead of converging toward a solution, seems to go on without finding a good conclusion. There is a lack of consensus on the reasons for the problem faced, and a lack of certainty on what to do to solve it. The facilitator realises that this dynamic may be caused by the degree of complexity of the work item the team is discussing, instead of a team's dynamic problem.
The facilitator also realises that this is an opportunity to introduce the Sensing Complexity practice, and the basic vocabulary and basic concepts of Complexity. So she/he asks each team member to dot-vote her/his own level of agreement and certainty in the current conversation (see Figure 10 below), to build awareness in the team of the current situation.
If most of the dot-votes reveal a low level of certainty and agreement (three or less) and so most of the dot-votes are in the upper right half of the square, then the facilitator can explain this suggesting that the problem at hand (the work item being discussed) is likely to have a high degree of complexity. The facilitator then continues explaining that the high degree of complexity may be caused by limited, ambiguous or fragmented information available to the team on the work item; or because no one has done this before (solving the problem or implementing a solution, or using the required technology, etc.) or the team has no access to relevant experts; or because other dependencies are causing ripple effects, etc.
The facilitator may suggest the team to consider different approaches to tackle the work item, for example, running a few spikes in parallel, adopting a more gradual and incremental approach to the problem, working more collaboratively with other team members to access a broader skill set and experience (as with pair or ensemble programming), or adopting specific practices for tackling the ripple effect of the dependencies (as using the Mikado method for a code refactoring). These are generic examples the facilitator can share, letting the team and its members explore and discover specific ideas that fit the actual context.
Doing so the facilitator has introduced the team to the concept of Complexity, the idea that the work to be done may have different degrees of complexity, and that different approaches may be required for different degrees of complexity.
The facilitator has also suggested a possible way for team members to perceive Complexity using two common aspects of human social experience, agreement and certainty. And this may be a stepping stone to introducing more advanced concepts and practices to estimate the degree of complexity of the work at hand.
The other practices to assess the degree of complexity of the work at hand mentioned before have their natural place as part of any form of Agile release planning, or Sprint Planning, or Iteration Planning, while the team's retrospective remains the perfect place to raise perceived changes in the degree of complexity of the work at hand and to schedule a re-assessment.
All the practices based on self-organisation mentioned before have a place in the team's retrospective too; whenever during a retrospective a team identifies the need or the benefit of trying to change the team dynamic, or to try to orient differently the emerging patterns of behaviour and action. The action to take could be suggested by one of those self-organisation practices and the related 20-odd control knobs that can be tweaked. The team's retrospective is also a perfect place to evaluate the effects of previous tweaks, and to consider if any follow-up action is required.
If, starting from tomorrow, you want to introduce the concept of Complexity and its new way of thinking to your co-workers, teammates, other teams, and the whole organisation, then the most effective way is to act your way into the new Complexity thinking. You can do so using several practices inspired by Complexity to be employed every day in software and digital products development.
This means introducing small Complexity inspired practices, gradually, starting from the small ones that also introduce the basic vocabulary and concepts of Complexity, then moving on to introduce the more advanced ones. This also means extending the conversations on Complexity to include hands-on practitioners, problem solvers and tinkerers, and shifting the centre of gravity of the conversation from theory to practice.
The other important aspect is to focus on practices from Human Complexity (e.g, social complexity and anthro-complexity) that take into account the human element, as we are not hives nor algorithms, and what works for them doesn't necessarily work for us.
The overall landscape of the Complexity-inspired practices we have introduced here has three major regions: the teams, the work to do, and the whole organisation.
Here we provided a few examples of such practises, and we have listed several other practices.
A full description and elaboration of all the practices mentioned here, together with more tips and stories, are available in the book Living Complexity by Luca Minudel.
There is also a new federated wiki available for Complexity practitioners, to comment and discuss the practices, as well as to suggest new practices.
Luca Minudel is a Lean-Agile coach & trainer, transformation lead, author and speaker with over 20 years of experience in professional software delivery and digital product development, most of them with Lean and Agile. He is passionate about agility, lean, complexity science, and co-creation. Minudel contributed to the adoption of lean and agile practices by Ferrari's F1 racing team. For ThoughtWorks, he delivered training, coaching, assessments and organisational transformations in top-tier organisations in the UK, Europe and the United States. He worked as head of Agility, Agile transformation lead, Lean/Agile practice lead, and as Lean/Agile coach in companies such as HSBC, Lloyds, LexisNexis. Minudel is the founder and CEO at SmHarter.com, a company that helps organisations turn their way of working into a competitive advantage. Twitter, Linked-In, Blog.
This content is in the Culture & Methods topic
InfoQ
Building and Maintaining a Creative and Collaborative Engineering Culture
Growing an Experiment-Driven Quality Culture in Software Development
Failing Fast: the Impact of Bias When Speeding up Application Security
The Human Side of Airbnb's Microservice Architecture
Applying Genetic Engineering to Your Organization Culture
How to Decide in Self-Managed Projects - a Lean Approach to Governance
Essential Soft Skills for IT leaders in a Remote World
How to Recognise and Reduce HumanDebt
Thriving in the Complexity of Software Development Using Open Sociotechnical Systems Design
Applying Social Leadership to Enhance Collaboration and Nurture Communities
Thoughtfully Training SRE Apprentices: Establishing Padawan and Jedi Matches
Anthro-complexity, acknowledgement of the source (addendum from the article's author)
by Luca Minudel,
Anthro-complexity has been pioneered by Dave Snowden and The Cynefin Centre via its applications. Anthro-complexity is a radical new discipline which studies the human aspects of complex adaptive systems and argues that human beings are radically different from others.
The 3Is of Anthro-complexity mentioned in Figure 9: Identity, Intentionality, and Intelligence have also been defined by Dave Snowden.


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Golf Channel's Sunday tournament broadcasts, including Sony Open, expected to be impacted by striking video/audio workers
By Brian Wacker
Icon Sportswire
HONOLULU — Sunday's final-round telecast of the Sony Open on Golf Channel will look different than usual. It has nothing to do with technology, but rather the people behind it.
Union video and audio workers went on strike on Sunday after negotiations stalled over a new contract. That means there will be limited coverage of the event, as well as the Web.com Tour event in the Bahamas and the unofficial Diamond Resorts Invitational in Orlando that features players from the PGA Tour Champions, LPGA and celebrities.
Sources say Sunday's Sony broadcast will likely include more interaction between members of the on-course broadcast team, who are not part of the walk out, and studio announcers in Orlando. Additionally, sources say only a handful of on-course cameras will be in operation, limiting the video coverage from Waialae.
Early coverage of Sunday's broadcast of the Web.com Tour event was ragged, with some audio issues from host Steve Burkowski. Limited highlights were shown, and coverage seemed to focus on a handful of holes, implying fewer cameras in operation.
Negotiations have been ongoing for months between the network and the International Alliance of Theatrical Stage Employees, the union for those who work on technical elements of the broadcast. The union represents 390 total Golf Channel workers.
Brian Wacker
The strike, which nearly took place last week according to sources familiar with the negotiations, involves only Golf Channel-produced events.
Officials at the Golf Channel issued a statement about the contract impasse: "Golf Channel has been working on negotiating an agreement for nine months with a union that represents our live tournament technicians. Those efforts have not yet yielded a resolution, and we look forward to reaching a mutually agreeable contract. However, some technicians have chosen to walk off the job today. We have contingency plans in place, and will continue to deliver coverage. Thank you to our viewers for their patience."
Players at Waialae Country Club, along with those in the Web.com event, received an email from PGA Tour officials providing an overview of the situation and what they should expect from Sunday's coverage. The language was similar to the statement the PGA Tour issued to the public:
"We apologize for the interruptions to today's PGA Tour telecasts due to a labor dispute between the Golf Channel and its live tournament technicians union. We are working closely with our partners at the Golf Channel to provide as much television coverage as possible of the Sony Open in Hawaii, The Bahamas Great Exuma Classic at Sandals Emerald Bay and the Diamond Resorts Invitational in the interim. Of course, PGATOUR.COM and the PGA TOUR app will provide real-time scoring, and fans can follow tournament action via our social media channels. PGA Tour Radio on SiriusXM, which can be streamed for free on PGA Tour digital platforms, will also provide live coverage of the Sony Open as planned. Thank you for your patience and for being a valuable PGA Tour fan."


FIGHT KNIGHT is a first-person dungeon brawler! Grid-based dungeon crawling meets action-packed real time enemy encounters! Fight your way through puzzles and enemies to save those trapped in the Tower's eternal night. Will YOU master the Tower and those who wait within?
THE TOWER ascends without warning. It consumes the land it rises from, growing ever higher with each appearance. Those trapped within the Tower's shadow are cursed to live in an eternal night... until, before long, it vanishes as quick as it came. The wise can predict its next appearance, and fools seek the treasures within. But the Tower is full of the twisted forms of the people and places it has consumed in its many ascents, preventing the brave and the ignorant alike from climbing its cursed halls. Surely some great reward awaits the one who reaches the top! But with such powerful and evil sorcery afoot, who could possibly reach its summit?
FIGHT KNIGHT is a mix between a first person dungeon crawler and a high speed action game. Climb through the many unique floors of the Tower and get to know friend and foe alike! Solve puzzles, collect artifacts, and help FIGHT KNIGHT grow in power. Encounters take place in real time, through grid-based melee combat. Wits and reflexes will pave your way to victory. Will YOU master the Tower and those who wait within?
UNIQUE PRESENTATION - Retro-game-inspired visuals that manage to look unlike any retro game!
5+ ZONES - Each zone is comprised of multiple floors of puzzle-filled dungeon exploration. Each zone of the Tower has its own unique setting, layout, NPCs, puzzle elements, and enemies!
HAND-CRAFTED LEVELS - Thoughtfully hand-crafted levels full of puzzles that are designed to take FIGHT KNIGHT's unique punching capabilities into account!
ROBUST COMBAT - Compelling real-time positional combat system involving all manner of fist-based warfare. Punch, dodge, push, counter, punch, block, and punch your way to victory!
CHOOSE YOUR STYLE - Equip FIGHT KNIGHT with energy-burning super moves called SPECIALTIES, consumable items, and a variety of gauntlets— all with various situational advantages and attributes! Give FIGHT KNIGHT what you think gives you the edge!
CHALLENGING FOES - Enemies work together in unique combinations to ensure your demise. Not only does each enemy have their own quirks and attack patterns, enemy skills are designed to play off each other! FIGHT KNIGHT will have to learn how to deal with enemies both individually and in large groups!
MEET N' BEAT - Enjoyable cast of characters to meet and punch along the way!


Are you after planning to go for or recently after hip surgery?
Are you unsure of what to do next but know deep down you should be doing something to build up the muscles around your hip and to really improve your walking as it still a little off or you notice that you are walking with a limp, and that's even with help of a walking stick.
You probably also notice that your body is shifted off to one side as you walk due to the pain or habit of trying to keep weight off your painful hip. You might also become increasingly aware of people commenting and staring for a little longer than is comfortable as you make your way around which doesn't feel nice or instil you with confidence.
The following few paragraphs will give you a fundamental idea of what you should be doing for your hip. The first part will discuss options for people who are waiting for surgery. The second section will discuss rehabilitation options for those who have recently had surgery or for those who are a few months down the line but realise they need to get doing something soon.
Have you booked in for hip surgery in the next two to three months?
The research & our clinical experience supports that physiotherapy prescribed exercises before your surgery can significantly help with recovery afterwards (ie improved confidence, shorter rehab times & better results). This responsible proactive approach is called ' prehabilitation' (Pre-hab –ili – tation) and helps prepare your body for the surgery. It also helps you to familiarise yourself with a number of exercises that you will be using at various stages after your surgery as some people can find exercises challenging to do.
As well as the challenge of physically doing the exercises people are in some discomfort and are fearful of doing more damage and often do not engage fully in their exercise programs. This approach can slow down their recovery time and in more severe cases significantly affect one ability to make a full recovery.
What does our Prehabilitation programme involve?
Provided with a preoperative exercise programme that is designed to build up strength as well as familiarise you and your body with these exercises, some of which will be used in the early to middle stages of your exercise programme after your hip surgery.
Our clients really see the benefit of this approach because not only has it been shown to improve people's recovery after surgery, but clients report feeling much more confident doing these exercises in the days & weeks immediately after the operation as they are familiar and the body knows what to do. This is due to the pre-op exercises they did beforehand. As the saying goes 'be proactive not reactive'.


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BCE, Bondholders and the Oppression Remedy
Written By Robert W. Staley
On March 7, 2008, the Quebec Superior Court approved BCE's Plan of Arrangement and declined to create new covenants not found in bondholders' trust indenture.
Bondholders of Bell Canada challenged a plan of arrangement put forward by BCE which, among other things, involved the guarantee of $30 billion additional debt by Bell Canada. Bondholders complained when their investment grade bonds suddenly became junk bonds as a result of the deal. But in a decision released last week, Justice Silcoff told bondholders that this possibility was one that they freely bought.
The BCE Judgments
In five separate decisions released on March 7, 2008, Justice Silcoff of the Québec Superior Court granted BCE's motion to approve a plan of arrangement giving effect to a transaction with Ontario Teachers' Pension Plan, which when consummated will confer a 40% premium on BCE shareholders in a highly leveraged takeover deal. Left stranded are three series of Bell Canada bondholders (the 1976, 1996, and 1997 series), who saw the value of their debt decrease by 18% in a transaction that the Québec court agreed would increase the risk of default on the debt. But, according to Justice Silcoff, this was a function of the covenants contained in the bondholders' indentures. Nor could the bondholders rely on the oppression remedies in the Canada Business Corporations Act, because according to Justice Silcoff, bondholders "reasonable expectations" were to be almost universally defined by the indentures. While every case will turn on its facts and the BCE decision is a factually-intensive case, the Québec court appears to suggest that, absent "compelling reasons" to look beyond the indenture, bondholders may have a difficult time asserting a claim in Québec based on oppression.
If the decision is appealed, we anticipate the Court of Appeal (or, potentially, the Supreme Court of Canada) will be concerned with Justice Silcoff's suggestion that the oppression remedy that is purportedly available to any "complainant" (which specifically includes registered and beneficial holders of securities, including securities representing a "debt obligation of a corporation"), either isn't available to bondholders, or alternatively, isn't available to bondholders when a company is "in play", when the wording of the statute suggests neither of the prior propositions.
The BCE Battle In Context
More than seventy years ago, bondholders argued in U.S. courts that they were beneficiaries of a "fiduciary duty" by their issuing corporations or the directors serving on the boards of those corporations. The U.S. courts resoundingly rejected that proposition, stating that bondholder rights and obligations were not defined by such ephemeral rights, but rather, by contract.
Those contracts were trust indentures. Bond trust indentures consist of two overriding positive covenants (to repay the debt owing and to pay interest) and a number of negative covenants limiting the company's ability to take certain actions. Market participants have generally assumed that most bondholder rights will be set out in the covenants, and bonds are rated in part on the value assigned to the covenants set out in the indentures.
But then there is the oppression remedy.
Introduced throughout Canada in the 1970s and 1980s, the oppression remedy provides redress against companies that exercise their powers in a manner that is "oppressive or unfairly prejudicial to or that unfairly disregards the interests of any securityholder, creditor, director or officer of the corporation" and confers a power to the court to issue any number of a wide array of remedies to address the oppression. The oppression remedy is a broad discretionary power and what constitutes "oppression" in any given case will depend on the particular facts.
While not rising to the exacting standard required of a fiduciary duty, the oppression remedy by its own terms would appear to graft an additional layer of protection against harmful corporate conduct to bondholders and others. When – and how – the oppression remedy can be invoked by bondholders was the subject-matter of one of the BCE judgments.
The Teachers Transaction and the Bondholders' Complaint
The BCE plan of arrangement, strictly speaking, did not "arrange" the rights of Bell Canada bondholders at all. The bonds were not being forcibly redeemed, nor were any of the terms of those bonds being altered by the plan of arrangement. However, as part of the transaction, Bell Canada would guarantee more than $30 billion in debt. As Justice Silcoff found, while most of this debt was subordinate to the Bell Canada debentureholder debt, the mere quantum would increase the risk of default for the Bell Canada debentures. Rating agencies immediately downgraded Bell Canada bonds from investment grade to junk bond status. The market price of the debentures decreased overnight by 18%.
However, the buyout by Teachers' would result in a 40% premium – more than $10 billion – being conferred on shareholders.
After obtaining an interim order permitting a shareholder vote on the transaction, BCE applied to the Québec Superior Court for a final order approving the deal. While these types of applications are not unknown to the Québec courts, they are much more frequent in the Ontario Superior Court (Commercial List).
Bell Canada bondholders objected to the arrangement on a number of grounds. They claimed to rely on various statements by the company of its commitment to remain as 'investment grade' bonds, and also argued that the $30 billion guarantee satisfied no legitimate business purpose to Bell Canada (as opposed to BCE).
The Bell Canada bondholders complained that the plan of arrangement was not fair and ought not to be approved, and in the alternative, that the actions proposed to be undertaken by Bell Canada were oppressive to the bondholders.
Justice Silcoff's Decision
The Court denied status to the 1976 bondholders to complain of oppression, because they had not instructed their indenture trustee to commence the complaint, as their indenture required. The 1996 bondholders had so instructed their trustee. This is another reminder to bondholders that courts will often consider the "no suits by holder" clauses in indentures.
Having determined standing, the Court proceeded to the merits. The Court foreshadowed its conclusion by noting what it perceived to be material differences between shareholders and debentureholders – shareholders' rights being largely defined by statute, whereas debentureholders' rights being defined by contract. The availability and existence of corporate by-laws and shareholder resolutions to similarly define rights of shareholders was not mentioned by the Court. The Court commented on the importance for issuing companies, debentureholders, and the "financial markets" alike, for bondholder rights to be clearly defined in the covenants contained in indentures.
Notably, the Court commented that there may be different considerations in play for debentures with equity features, such as convertible debentures (i.e., the court may be more willing to protect bonds with conversion features).
The Court proceeded to consider the obligations of the company when it is "in play", noting that in such circumstances that the company may have to prefer the interests of shareholders over the interests of other stakeholders. The Court relied heavily on the U.S. case of Revlon Inc. v. Mac Andrew & Forbes Holding as imposing a heightened obligation on directors to maximize shareholder value, reaffirming a point that was arguably weakened by the Ontario Court of Appeal decision in Ventas Inc. v. Sunrise REIT and other cases (and a number of U.S. cases!).
The Court dismissed as merely "semantics" the debentureholders' claim that the "oppression" remedy tempered the Revlon duty. The Court found that, as it relates to the oppression remedy, there was a material difference between claimants as shareholders, and claimants as debentureholders.
The Court moved on to the gravamen of the debentureholders' complaints. It dismissed the claim to reliance on puffery assertions that BCE would remain investment grade as being remote and tempered by cautionary language. It dismissed the claim that the $30 billion guarantee served no legitimate purpose on the grounds that the overall transaction would be beneficial to Bell Canada and its stakeholders – a point, we note, that likely is little comfort to holders of now downgraded bonds.
The Court found that the bondholders knew, or ought to have known, of the risk of a leveraged buy out, and if they had a concern with that risk, they ought to have either sold their debentures when that risk became known, or they ought to have bargained for protective covenants when the debt was first issued.
The Court concluded by noting that the core of the debentureholders' complaint was that the shareholders were getting a 40% premium, while the debentureholders were sitting with an 18% loss. Although Bennett Jones was successful in making a similar argument on behalf of warrant holders in GlaxosmithKline plc v ID Biomedical (where an arrangement conferred a premium on shareholders and a loss to warrant holders), these similar facts did not persuade the Court in this case.
Analysis and Implications
In BCE, the indentures at issue specifically contemplated the type and amount of debt that could be acquired by BCE's subsidiary Bell Canada (permitting only a certain amount of future debt to be senior to the existing bonds), and the proposed transaction precisely fit within those parameters. BCE therefore argued, and the Court agreed, that the parties' reasonable expectations were defined by the indenture: bondholders could not claim that Bell Canada's conduct was oppressive when the contract expressly permitted Bell Canada to act as it had.
Strictly speaking, it wasn't necessary for the Court to go any further than this to decide the case. But a number of comments made by Justice Silcoff might be read to suggest that he would require bondholders to protect themselves against all potential oppressive acts, particularly where those acts relate to a transaction that results from a company being "in play".
Justice Silcoff adopted BCE's argument that "there is no room in the law of oppression as it applies to claims of debentureholders to graft onto contractual rights spelled out in clearly delineated trust indentures ephemeral claims of individual bondholders..." One could draw from that conclusion that, according to Justice Silcoff, the oppression remedy isn't available in Québec to bondholders under any circumstances, except, perhaps, where the company is insolvent. In other words, companies would be permitted to take oppressive acts expressly contemplated by the indentures, but also any other oppressive acts not specifically prohibited by the indenture.
This issue – how a court should rule where an indenture does not specifically contemplate a particular event – has for some time been an open question. Should the court require bondholders to protect themselves within the contract? If bondholders are required to protect themselves against all oppressive acts, then the oppression remedy would have very little (if any) meaning for anyone except shareholders.
In addressing this question, a court might equally rule that the starting point is that a company (whether in play or not) cannot oppress stakeholders, including bondholders. If the company wishes to reserve the ability to act oppressively against bondholders in particular ways, it should set out those rights it in the indenture, with some specificity. This would not be entirely unusual: some indentures, for example, provide for the ability to expressly take out convertible debentures without compensation for the conversion feature or with specified compensation for the loss thereof.
If the decision is appealed to the Québec Court of Appeal, we expect the bondholders to argue that Justice Silcoff has effectively eliminated the oppression remedy for bondholders, while the statute itself expressly includes creditors and security holders as potential claimants. We expect bondholders to also argue that Justice Silcoff has effectively reduced the oppression remedy to nothing more than a synonym for "breach of contract", because it could be argued that nothing short of an absolute breach of the indenture would amount to oppression, under the analysis set out by Justice Silcoff. We suspect the Court of Appeal (or the Supreme Court of Canada) may have some concerns with the analysis employed by the Superior Court (even if the appellate courts agree with the ultimate disposition).
Even if the BCE decision is not varied on appeal, it is important to note that the approach of courts across Canada (particularly in Ontario) may differ on this issue, and other cases outside of Québec have in fact been less deferential to corporate acts harming debtholders and other types of security holders. And in all instances, the specific wording of the covenants will be relevant in determining the rights of the parties.
For companies, the BCE decision may provide some comfort to directors when a company is "in play", knowing that the courts (of Québec at least) will provide some latitude to directors' business judgment when attempting to maximize shareholder value in a takeover situation.
Bennett Jones has one of the pre-eminent bondholder representation legal practice in Canada and has extensive experience in litigating the types of rights at issue in the BCE case.
Jeffrey S. Leon L.S.M., FCIArb, Partner
Robert W. Staley, Vice Chair and Partner
Richard B. Swan, Partner


Mobile Foundation provides a rich set of back end capabilities for building, managing and updating your next gen cognitive, engaging, secure and personalized mobile and web applications. Build your applications with front end tools and frameworks of your choice and easily add push notifications, analytics, authentication, offline sync and business logic to your applications. Focus on front end of the application development while leveraging the rich back end capabilities of Mobile Foundation. Mobile Foundation offers a rich set of SDK's for Cordova, IOS, Android, Xamarin, Windows 10, React Native and Mobile Web to facilitate development of Mobile, Mobile Web or PWA applications. Mobile Foundation provides out of the box samples and templates that can be easily extended to suit your need.
Secure your apps and protect the APIs accessing the app's back end resources. Protect from man in the middle attacks and tampered apps from accessing the server.
Adopt a CI/CD pipeline approach to build and test incremental updates to your app.
Use offline sync feature to develop apps that are functional even when your app users are offline.
Leverage intelligent auto scaling feature of IBM Cloud to scale your app resources with an increase in the number of app users.
Integrate with powerful IBM Cloud services. Use Watson APIs in your apps to easily leverage cognitive capabilities such as Language Translator, Discovery, Conversation, Natural Language Understanding or Tone Analyzer.
Obtain usage, performance and business insights for your app. Enable your end users to provide direct feedback with in-app feedback capability.


text:
package example.node.domain.extensions;

import core.entity.NodeExtension;
import example.node.modules.NodeModule;

import java.util.List;

/**
 * Created by siberis on 11/9/2016.
 */
public class ExtBData extends NodeExtension {
    private List<String> remarks;
    private String finalVersion;

    public ExtBData() {
    }

    public ExtBData(String nodeId, List<String> remarks, String finalVersion) {
        super(null, nodeId);
        this.remarks = remarks;
        this.finalVersion = finalVersion;
    }

    public List<String> getRemarks() {
        return remarks;
    }

    public void setRemarks(List<String> remarks) {
        this.remarks = remarks;
    }

    public String getFinalVersion() {
        return finalVersion;
    }

    public void setFinalVersion(String finalVersion) {
        this.finalVersion = finalVersion;
    }

    @Override
    public Long getTypeId() {
        return NodeModule.EXTBDATA_ID;
    }
}

redpajama_set_name: RedPajamaGithub