text:
Banking Litigation notes
High Court considers First Tower judgment in the context of no-advice clauses and confirms UCTA does not apply
Duties in Financial Services, Mis-selling and Misrepresentation
The High Court has dismissed the latest interest rate hedging product (IRHP) mis-selling claim to reach trial in Fine Care Homes Limited v National Westminster Bank plc & Anor [2020] EWHC 3233 (Ch).
The judgment will be welcomed by financial institutions for its general approach to claims alleging that a bank negligently advised its customer as to the suitability of a particular financial product (whether an IRHP or otherwise). While there are some aspects of the decision which hinge on the unsophisticated nature of this particular claimant, the touchstone of when it can be said that a bank owes a common law duty to advise, the content of that duty and what a claimant must prove to demonstrate that the advisory duty (if owed) has been breached, will be of relevance to similar claims faced by banks in relation to other products or services.
The aspect of the judgment likely to be of greatest and widest importance to the financial services sector, is the court's analysis of how the doctrine of contractual estoppel should be applied in these types of mis-selling cases.
The question in this case was whether the bank was entitled to rely on its contractual terms as giving rise to a contractual estoppel, so that no duty of care to advise the customer as to the suitability of the IRHP arose. In good news for banks, the court determined that clauses stating that the bank was providing general dealing services on an execution-only basis and was not providing advice on the merits of a particular transaction (precisely the sort of clauses which are typically relied upon to trigger a contractual estoppel), were not subject to the requirement of reasonableness in the Unfair Contract Terms Act 1977 (UCTA) when relied upon in the context of a breach of advisory duty claim.
This may appear an unsurprising outcome, given the Court of Appeal's decision Springwell Navigation Corpn v JP Morgan Chase Bank [2010] EWCA Civ 1221. However, certain obiter comments by Leggatt LJ in First Tower Trustees v CDS [2019] 1 WLR 637 could be read as conflicting with Springwell in relation to the effect of so-called no-advice clauses and the application of UCTA in relation to them.
In the present case, the court emphasised the clear distinction made in First Tower between, on the one hand, a clause that defines the party's primary rights and obligations (such as a no-advice clause), and on the other, a clause stating that there has been no reliance on a representation (a "non-reliance" clause). It said that the Court of Appeal's decision in First Tower was limited to the effect of non-reliance clauses given the nature of the clause at issue in that case. First Tower confirmed that where the effect of a non-reliance clause is to exclude liability for misrepresentation which would otherwise exist in the absence of the clause, section 3 of the Misrepresentation Act 1967 will be engaged and the clause will be subject to the UCTA reasonableness test. In contrast, the clauses at issue here were not non-reliance clauses, but rather clauses that set out the nature of the obligations of the bank, and therefore were not subject to section 2 of UCTA.
Contractual estoppel has regularly been relied upon by banks defending mis-selling claims to frame the obligations which they owe to customers, particularly in circumstances where claimants have sought to argue that, notwithstanding the clear terms of the contracts upon which the transactions were entered into, the banks took on advisory duties in the sale of financial products which turned out to perform poorly. The decision in Fine Care Homes will therefore be welcomed by financial institutions, particularly against the backdrop of the First Tower decision. While in many circumstances, no-advice clauses would be likely to meet the requirements of reasonableness under UCTA in any event (as was the outcome in the present case), removing a hurdle that must be cleared in order to rely on such clauses is clearly preferable from the bank's perspective, adding certainty to the relationship.
In 2006, the claimant (Fine Care Homes Limited) took out a loan with the Royal Bank of Scotland (the Bank) to finance the acquisition of a site in Harlow on which it intended to build a care home (the land loan). The claimant also intended to borrow further funds from the Bank to finance the development of the site (the development loan), although ultimately the parties were unable to reach agreement on the terms of the development loan.
In 2007, the claimant took out an IRHP with the Bank, as a condition of the anticipated development loan. The IRHP was a structured collar with a term of five years, extendable by two years at the option of the Bank (which was duly exercised).
In 2012, the IRHP was assessed by the Bank's past business review (PBR) compensation scheme (which had been agreed with the then-Financial Services Authority (FSA)) to have been mis-sold. In 2014, the claimant was offered a redress payment by the Bank's PBR.
The claimant did not to accept the offer under the PBR and pursued the following civil claims against the Bank at trial:
Negligent advice claim: A claim that the Bank negligently advised the claimant as to the suitability of the IRHP, in particular by failing to tell the claimant that the IRHP would impede its capacity to borrow, or that novation of the IRHP might not be straightforward / might require security.
Negligent mis-statement / misrepresentation claim: A claim that the information provided by the Bank regarding the IRHP contained negligent mis-statements or misrepresentations in the same two respects as the negligent advice claim.
Contractual duty claim: A claim that the Bank was subject to an implied contractual duty under section 13 of the Supply of Goods and Services Act 1982 to exercise reasonable skill and care when giving advice and making recommendations, which was breached in the same two respects as the negligent advice claim.
The court held that all of the claims against the Bank failed, each of which is considered further below.
1. Negligent advice claim
The court's analysis of the negligent advice claim was divided into three broad questions: (i) did the Bank owe a duty of care to advise the claimant as to the suitability of the IRHP; (ii) could the Bank rely upon a contractual estoppel to the effect that the relationship did not give rise to an advisory duty; (iii) if there was an advisory duty in this case, was it breached by the Bank in the two specific respects alleged by the claimant?
(i) Did the Bank owe a duty of care?
It was common ground that the sale of the IRHP was ostensibly made on a non-advisory rather than advisory basis, but the claimant alleged that the facts nevertheless gave rise to an advisory relationship in which a personal recommendation was expressly or implicitly made. In this regard, the claimant relied on the salesperson at the Bank being held out as being an "expert" (as an approved person under FSMA); that he advised the claimant to buy the particular IRHP and that the Bank therefore assumed a duty of care which required it to ensure that the IRHP was indeed suitable.
As to whether the Bank owed an advisory duty on the facts of this particular case, the court referred in particular to two substantive trial decisions considering a claim for breach of an advisory duty in the context of selling an IRHP: Property Alliance Group v RBS [2018] 1 WLR 3529 and LEA v RBS [2018] EWHC 1387 (Ch). The court highlighted the following key points from these cases:
A bank negotiating and contracting with another party owes in the first instance no duty to explain the nature or effect of the proposed arrangement to the other party.
As a point of general principle, an assumption of responsibility by a defendant may give rise to duty of care, although this will depend on the particular facts (applying Hedley Byrne v Heller [1964] AC 465).
In the context of a bank selling financial products, in "some exceptional cases" the circumstances of the case might mean that the bank owed a duty to provide its customer with an explanation of the nature and effect of a particular transaction.
There are a number of principles emerging from the cases as to the way in which the court should approach this fact-sensitive question. In particular, the court must analyse the dealings between the bank and the customer in a "pragmatic and commercially sensible way" to determine whether the bank has crossed the line which separates the activity of giving information about and selling a product, and the activity of giving advice.
However, there is no "continuous spectrum of duty, stretching from not misleading, at one end, to full advice, at the other end". Rather, the question should be the responsibility assumed in the particular factual context, as regards the particular transaction in dispute.
Assessing whether the facts give rise to a duty of care is an objective test.
On the facts, the court did not consider that this was to the sort of "exceptional case" where the bank assumed an advisory duty towards its customer. The court highlighted the following factual points in particular, which are likely to be of broader relevance to mis-selling disputes of this nature:
The court noted that it is quite obviously not the case that in every case in which an IRHP is sold by an approved person (as it will inevitably be) a duty of care arises to ensure the suitability of the product.
The claimant was unable to point to anything at all in the exchanges between the Bank and the claimant which contained advice to buy the IRHP. The court rejected the claimant's argument that the Bank's presentation of the benefits of IRHP products in general could amount to advice to buy any specific product. Referring to the decision in Parmar v Barclays Bank [2018] EWHC 1027 (Ch), the court confirmed that if a recommendation is to give rise to an advised sale, it must be made in respect of a particular product and not IRHPs in general. Although Parmar was decided in the context of a statutory claim under s.138D FSMA, the court found that the principle applied equally to a mis-selling claim of this type (see our blog post on the Parmar decision).
Accordingly, the court found that the Bank did not owe an advisory duty in relation to the sale of the IRHP.
In reaching this conclusion, the court rejected any suggestion that the rules and guidance set out in the FSA/FCA Handbook could create a tortious duty of care where one did not exist on the basis of the common law principles (applying Green & Rowley v RBS [2013] EWCA Civ 1197). The relevant context in Green & Rowley was whether the (then-applicable) Conduct of Business rules and guidance (COB) could create a concurrent tortious duty of care, but the court in this case extended the same reasoning to the Statements of Principle and Code of Practice for Approved Persons (APER). The court stated that APER code could not carry any greater weight in relation to the content of the common law duties of care than the COB rules.
(ii) Could the Bank rely upon a contractual estoppel?
The court found that the Bank was entitled to rely on its contractual terms as confirming that the relationship between the Bank and the claimant did not give rise to a duty of care to advise the claimant as to the suitability of the IRHP, and that the claimant was estopped from arguing to the contrary by those contractual terms.
The terms of business included the following material clauses:
"3.2 We will provide you with general dealing services on an execution-only basis in relation to…contracts for differences…
3.3 We will not provide you with advice on the merits of a particular transaction or the composition of any account…You should obtain your own independent financial, legal and tax advice. Opinions, research or analysis expressed or published by us or our affiliates are for your information only and do not amount to advice, an assurance or a guarantee. The content is based on information that we believe to be reliable but we do not represent that it is accurate or complete…"
The court rejected the claimant's argument that these clauses were subject to the requirement of reasonableness under UCTA.
In reaching this conclusion, the court referred to the decision in First Tower Trustees v CDS [2019] 1 WLR 637, which considered the effect of a "non-reliance" clause (a clause providing that the parties did not enter into the agreement in reliance on a statement or representation made by the other contracting party). First Tower confirmed that, where the effect of a non-reliance clause is to exclude liability for misrepresentation which would otherwise exist in the absence of the clause, section 3 of the Misrepresentation Act will be engaged and the clause will be subject to the UCTA reasonableness test.
However, the court in Fine Care Homes found that clauses 3.2 and 3.3 in the present case were different from non-reliance clauses, being clauses that set out the nature of the obligations of the Bank. The court highlighted that the judgments of both Lewison LJ and Leggatt LJ in First Tower, clearly distinguished between a clause that defines the party's primary rights and obligations, and a clause stating that there has been no reliance on a representation. In respect of the former, First Tower provided the following articulation of the position:
"Thus terms which simply define the basis upon which services will be rendered and confirm the basis upon which parties are transacting business are not subject to section 2 of [the 1977 Act]. Otherwise, every contract which contains contractual terms defining the extent of each party's obligations would have to satisfy the requirement of reasonableness."
In First Tower, Lewison LJ had gone on to refer to Thornbridge v Barclays Bank [2015] EWHC 3430 (a swaps case) which considered a clause stating that the buyer was not relying on any communication "as investment advice or as a recommendation to enter into" the transaction. In First Tower, Lewison LJ explained that this clause defined the party's primary rights and obligations, and was not a clause stating that there had been no reliance on a representation.
Applying this reasoning to the present case, the court found that clauses 3.2 and 3.3 (stating that the Bank was providing general dealing services on an execution-only basis and was not providing advice on the merits of a particular transaction), were primary obligation clauses that were not subject to the requirement of reasonableness in UCTA (or, by parity of reasoning, COB 5.2.3 and 5.2.4).
Had UCTA applied, the court said that it would in any event have found the clauses reasonable, noting that some of the claimant's objections effectively asserted that it could never be reasonable for a bank selling an IRHP to a private customer to specify that it was doing so on a non-advisory basis – which the court did not accept.
(iii) If an advisory duty was owed, was it breached by the Bank?
Although it was not necessary for the court to consider the specific breaches of duty alleged by the claimant (given its findings above), the court proceeded to do so for the sake of completeness.
The court applied Green & Rowley, confirming that the content of the advisory duty (if owed) "might" be informed by the COB that applied at the time of the sale (here COB 2.1.3R and COB 5.4.3R) and the APER code. However, the claimant did not in fact identify any specific respect in which the FCA framework had a material impact on the claimant's case.
By the time of the trial, the claimant's case was narrowed to two quite specific allegations concerning what it should have been told by the Bank in relation to two key issues: (1) that the Bank negligently failed to explain to the claimant that the Bank's internal credit limit utilisation (CLU) figure for the IRHP, would affect the claimant's ability to refinance existing borrowings / borrow further sums (from the Bank or another lender); and (2) that the Bank should have warned the claimant that novation of the IRHP might require external security to be provided.
The arguments on these allegations were fact-specific, and ultimately the court found that there was no evidence to support them.
2. Negligent mis-statement / misrepresentation claim and contractual claim
The claims on these alternative grounds also failed, given the court's finding that what the Bank told the claimants was correct, in respect of the two complaints identified.
Consistent with the position found in Green & Rowley, the court noted that the content of the Bank's common law duty in relation to the accuracy of its statements was not informed by the content of the COB rules or APER code (in contrast with the advisory duty, where the content of the duty might be informed by the FCA framework).
Accordingly, the claim was dismissed.
John Corrie
Harry Edwards
Ceri Morgan
Professional Support Consultant
Nic Patmore
Duties in Financial Services, Mis-selling and Misrepresentation Contractual estoppel, Duty of care, Financial advice, IRHP, Mis-selling, Misrepresentation Act 1967, Negligent mis-statement, UCTA


The moon bear has been chosen as a mascot for the 2018 Winter Olympics, to be held in PyeongChang, South Korea. However, the reality for thousands of these bears is dark: trapped inside small cages for most of their lives waiting to be slaughtered for their bile. South Korea has 39 of these farms, and the bears' lives look starkly different from the bubbly cartoon mascot.
The moon bear is a sub-species of the asiatic black bear, found all over Asia. Their natural habitat is forests and mountains. But wild numbers have dramatically decreased due to habitat loss and poaching for bile farms. Though bear bile has no proven medical benefits, South Korea — as well as China and Laos — still allow bile farms to legally operate.


text:
News Sports SFBJ Life Opinion Obituaries E-Edition Legals
Hometown Proud
Presler named to Concordia College dean's list
Adam Presler, a freshman from Sioux Falls, has been named to the dean's honor list at Concordia College in Moorhead, Minn. Presler, a 2014 Brandon Valley High School graduate, is the son of Kraig and JoAnn Presler, Sioux Falls.
To qualify for this designation, students must carry a minimum of 12 semester credits and have a grade point average of at least a 3.7 on a 4.0 scale.
Local students named to USF dean's list
The University of Sioux Falls has released its dean's list for spring semester 2015. To qualify, a student must achieve a semester grade point average of 3.5 or greater on a 4.0 scale.
The USF dean's list includes Jade Roozenboom, a computer science major from Valley Springs, and Miranda Cain, a media studies and Spanish major, from Sioux Falls.
Two local students on MTI president's list
A total of 385 students at Mitchell Technical Institute – including Nakita Hoffman, Brandon, and Grant Dougherty, Valley Springs - have been placed on the spring semester 2015 president's list. Hoffman is enrolled in the speech-language pathology assistant program, and Dougherty is studying power sports technology.
To be named to the list, students must earn a term GPA of at least 3.5 on a 4.0 scale and complete at least 12 credit hours of academic work during the semester.

redpajama_set_name: RedPajamaCommonCrawl


text:
Consumer technology news from the future
Government still stuck in the past? Not on GovTech's watch
What exactly is GovTech and what's been happening in our capital city that's setting down the foundations for how all New Zealanders will interact with government for years to come?
Broadly speaking, GovTech is about finding new ways to improve how government provides services to the public – and that innovation is happening right under our noses.
For the last few months, teams from several government departments including the Department of Internal Affairs, Ministry of Education, and Even the Taiwan Water Corporation Water Saviour have all knuckled down to find better ways of solving 21st century problems.
But those departments are not working in siloes – they are also tapping into knowledge and skills from all parts of society including citizens, businesses, and academia. This is to make solutions 'citizen-centric'.
The Wellington Regional Economic Development Agency (WREDA) explains: "While the main goal is to make everyone's lives easier, GovTech also brings with it huge potential. Global research hub McKinsey has estimated the total value of efficiency gains that could be made in the public sector worldwide at US$1.35 trillion per annum."
Already, GovTech on a global scale could already have an estimated market worth of US$400 billion every year.
"New Zealand has a unique opportunity to stand out as a GovTech leader – with proven innovation capabilities and as the least corrupt country in the world. With Wellington the powerhouse for government and capital of tech, it also brings considerable opportunities to the region," comments WREDA CEO Lance Walker.
It's important to recognise that public services will also get a boost from GovTech. WREDA highlights the likes of Creative HQ's Lightning Lab GovTech accelerator, which has been ground zero for the departments that are working to solve future challenges.
The accelerator guides teams and allows them to rapidly build, test, validate and experiment with new ways and technologies to create better public services.
"By bringing together public sector staff and innovators from the private sector, we're able to create entirely new approaches and solutions to existing problems in a way that is fully supported and endorsed by our citizens and society as a whole," says Creative HQ chief executive Stefan Korn.
This year 12 teams participated in the accelerator programme. Here's what each team concentrated on:
Department of Internal Affairs: Digital Identity. Digital rights and inclusion, the digital economy and a digital strategy for New Zealand are all key government priorities. The project explores a modern approach to digital identity that ensures citizens are in control of their data.
Ministry of Education: Equitable Digital Access. The project explores how to eliminate the digital divide for school-aged students and ways in which to improve access to connectivity and technology – to ensure all students can fully engage in an increasingly digitally-enabled education system.
Ministry for the Environment and Takiwā: Freshwater Catchment Mapping. The project aims to draw on combined data-sets to provide insights and a communication platform to improve the management of freshwater.
Taiwan Water Corporation Water Saviour: Water Resilience. The project aims to tackle a worldwide problem: water loss from urban distribution systems due to leakage.
Department of Conservation, Ministry for Primary Industries and Southern Seabirds Solutions Trust: Safer Seas for Albatrosses. The collaboration project aims to make the high seas a safer place for seabirds.
Ministry of Social Development: Youth Engagement. The project aims to experiment with technology to address a growing problem of youth engagement when developing policies and services with the demographic in mind.
Ministry of Social Development: Financial Capability. This project aims to build the financial capability and resilience of people, families and whānau experiencing hardship by making sure they have access to a spectrum of support – and ultimately help people out of hardship.
Multi Agency Team: Safety Planning. The primary focus for this project is on integrated practices with the goal of delivering services preventing further harm and supporting whānau experiencing family violence.
Wellington City Council: Accessible Wellington. The project aims to build Wellington's reputation as an inclusive and socially responsible city by enhancing the accessibility of services like technology, transport, buildings and public spaces.
Wellington City Council: Housing Affordability. This project aims to help inform analysis and help target resources by Council and other stakeholders in Wellington to ultimately implement an affordable Housing Strategy for Wellington City.
Wellington Regional Economic Development Agency: Regional Businesses. The project explores how to add value to businesses across the region through digital solutions – including where businesses can go for help to overcome challenges.
Greater Wellington: Connecting with our Community. This project will explore and develop tools to help Greater Wellington better connect and engage with the 500,000 people that live within the Wellington region.
Wintec's 'The Gig' virtual IT firm a melting pot for innovation
LG embarks on mission to bring unique smartphone designs to life
Samsung named top brand in Asia Pacific for 9th consecutive year
Hong Kong's Team Hollo takes out 2020 Microsoft Imagine Cup
Spark rallies Kiwi innovators to share their 5G ideas
Cambridge Quantum Computing teams up with CERN to advance quantum technologies
GovTech WREDA Innovation
Times Square brings New Year's Eve to homes around the globe
Organisers of the New Year's Eve Ball Drop Celebration are bringing the world's biggest party to homes around the world, live and direct from Times Square. More
DLC review – Nioh 2: The First Samurai
If you loved the base game of Nioh 2, the DLC packs are worth buying if you want more of a decent challenge. Avoid the DLC though if you haven't finished playing the main game yet!More
Game review: Deliver Us The Moon (PC)
Dutch developer, KeokeN Interactive, with their first game, Deliver Us The Moon, invites players on a solitary journey to the lunar surface in order to solve a mystery.More
Game review: Immortals Fenyx Rising
Immortals Fenyx Rising is a very fun open-world action-adventure game that features some similarities to games like Breath of the Wild and Assassin's Creed.More
New Zealanders headed online for Christmas shopping - study
"We've certainly noticed a big change in how consumers are shopping."More
Online traffic surges as Kiwis head online over festive season - Vodafone
"We've been expecting internet traffic to spike this Christmas, as people stay connected to friends and whānau using digital tools especially while the borders are closed, but this large growth is still mind-blowing."More
Smartphone addiction endangering health - study
Young people aged 18 to 25 had the highest level of nomophobia and males were almost twice as likely to engage in dangerous use than females. More
Today, I'm going to talk about Chinese brand Padmate's latest offering: the PaMu Quiet which retails at $299.More
Hands-on review: Mario Kart Live, the toy all 90s kids wanted
Mario Kart Live is an excellent toy for big and small kids that will provide hours of fun. More
Game review: Cyberpunk 2077
Damn, this game shines when it comes to narrative, writes JP Dumas.More


The American Library Assn.'s Carnegie Medals were presented in Las Vegas on Sunday. Donna Tartt took the fiction prize for her novel "The Goldfinch," and Doris Kearns Goodwin was awarded the nonficiton prize for "The Bully Pulpit: Theodore Roosevelt, William Howard Taft, and the Golden Age of Journalism."
The announcement was made at the annual conference of the ALA. Both authors were on hand to pick up their medals and $5,000 checks, and to speak to a standing-room-only audience.
"All writers begin as readers," said Tartt in her acceptance speech, according to Publishers Weekly. "And it is not saying too much that, if not for libraries and the kindness of librarians from childhood onward, I wouldn't be standing here."
"When I was a child, the library was an extension of my own house, and, over the years, many libraries have become homes to me in both my reading and writing life," she continued.
Goodwin, too, expressed gratitude for libraries. "My love affair with libraries began when I first entered the small public library that stood in the center of my hometown of Rockville Center, N.Y.," she explained.
Finalists for the prizes were, in fiction, "Americanah" by Chimamanda Ngozi Adichie and "Claire of the Sea Light" by Edwidge Danticat. Nonfiction finalists were "On Paper: The Everything of Its Two-Thousand-Year History" by Nicholas A. Basbanes and "Five Days at Memorial: Life and Death in a Storm-Ravaged Hospital" by Sheri Fink. Authors of those books will each receive $1,500.
The Carnegie Medals are chosen by a committee of librarians and Booklist contributors and were first awarded in 2012.


Foodie Fridays are all about great food, shared around a campfire with good company. We share with you some of our own recipes as well as some favourites that we think will work well on a campfire.
One pan meals are ideal for camping, who wants to spend time washing up?! We love this recipe from Good Food Magazine (March 2006).


text:
And if you're wondering why people care about the American Girl doll of the year, you probably don't have a young female in your life. Collecting American Girls is a big deal, and AG stores -- such as the huge one in Chicago -- are draws for tourists.
Back to the 2011 "Girl of the Year," Say aloha to Kanani Akina, from the island of Kauai. It's the first Girl of the Year from Hawaii, AG says. Kanani has a story: She's described as a caring girl who helps others and whose proudest moment was rescuing a baby Hawaiian Monk Seal she calls Malana. In American Girl tradition, she'll be available for one year, then she's a collectible. She costs $100; accessories (extra) include a wardrobe, a paddleboard, Hawaiian shave ice stand and plush seal. American Girl is partnering with the National Wildlife Fund by donating $1 from each doll's sale to help fund wildlife education programs.
CAPTIONCourtesy of American Girl
The Kauai Visitors Bureau is doing a traditional blessing on the beach for the doll and I'm sure hoping this sparks more interest in the island. Back on the Mainland, girls can take part in Kanani-themed activities at AG stores, including hula lessons, learning about Hawaiian crafts and food. For more information, visit americangirl.com or call 800-845-0005.
I never knew about American Girl until I made the acquaintance of a 9-year-old with a collection of dozens. Can any readers enlighten me on why they are so popular?


The good old days when crews were 4 or more and cameras were 16mm film, this is STV covering the construction of the QE2. PS. Some cameramen who know this camera noticed that the picture had been flipped…just for them I have corrected it.
Last night was the reunion of STV employees from 1957-2006, I worked for STV over a 2 year period from 1999 to 2001 covering news and sport.
A familiar face to HD Warrior was Allen McLaughlin who worked for STV for 6 years before moving onto BBC Scotland.
Then and now, anchorman Dermot McQuarrie who flew in from the USA to be at the reunion.
My good friend Eleanor and Teddy Winters, Eleanor was in charge of schedules.
A face many children were happy to see on STV, Glen Michael who presented "The Glen Michael Cavalcade" show, showing cartoons like Casper the friendly ghost…yes I remember, I was one of those children !
Bryce Curdy and his wife Margret, Bryce was one of STVs anchor men.
Robert Love who was the producer of one of the best dramas to come out of Scotland…Taggart.
Mike Gower and Carol Biggin, Mike was initially a continuity announcer then a director and Carol was in charge of recording news from uplinks etc.
My good friend Fiona Ross who was the chief political reporter for STV,we had some great laughs driving through to Edinburgh for the odd political report.
My ex boss Chris Attkins and his wife Jan was a senior cameraman at STV and has helped produce some reviews for HD Warrior.
The team who made it all happen, Jim Sheach, Cliff Martin, Mandy Barnes, Tony Currie and Ron Seeth.
Somebody has flipped the first shot! The camera is an Arri 16BL and the viewfinder is, of course, on the left side of the camera.
HDW : Thanks David I have changed it for you…well spotted.


text:
import $ from 'jquery';

export function loadCards() {
    return {
        types: ['REQUEST_CARDS', 'RECEIVE_CARDS'],
        shouldCallAPI: (state) => {
            return !state.cards.cards;
        },
        callAPI: () => $.ajax('/api/cards', { cache: false })
    };
}

export function loadPacks() {
    return {
        types: ['REQUEST_PACKS', 'RECEIVE_PACKS'],
        shouldCallAPI: (state) => {
            return !state.cards.packs;
        },
        callAPI: () => $.ajax('/api/packs', { cache: false })
    };
}

export function loadFactions() {
    return {
        types: ['REQUEST_FACTIONS', 'RECEIVE_FACTIONS'],
        shouldCallAPI: (state) => {
            return !state.cards.factions;
        },
        callAPI: () => $.ajax('/api/factions', { cache: false })
    };
}

redpajama_set_name: RedPajamaGithub


"When I coached high school football for plain football jerseys two years, it really wasn't on my radar. His career completion percentage is only 53.8 percent, and he has more career 100 yard rushing games (8) than 250 yard passing games.
29 and the Seahawks picked Texas A offensive tackle Germain Ifedi at No. (We like and ).. Respect our Flag and our Country! during the playing of Star Spangled Banner drew national attention last season when Colin Kaepernick, then a quarterback with the San Francisco 49ers, declined to stand as a way to bring attention to police treatment of blacks and to social injustice..
Cowboys ( 2.5) at Broncos: Dak Prescott and Paxton Lynch roomed together at the 2016 NFL Combine. Key Man: Tyrod Taylor. Louis Rams came out for a game with their hands raised to protest the killing of Michael Brown, the local police union demanded they be punished..
Pull the chin strap under the chin and across to the opposite side. West Virginia just scored 56 against the Kansas "defense." Two things separate Kansas from the Big 12 basement: October and November.
But Los Angeles Chargers owner Dean Spanos, Atlanta Falcons owner Arthur Blank, New original nfl jerseys York Giants owners John Mara and Steve Tisch, Miami Dolphins owner Stephen Ross, Indianapolis Colts owner Jim Irsay, Tennessee Titans controlling owner Amy Adams Strunk and San Francisco 49ers owner Jed York were among the league power brokers who issued condemning statements through their clubs..
If a team wins, it is much easier to attract fans willing to buy tickets. Mackey caught 331 passes for 5,236 yards and 38 touchdowns during a 10 year career.
Latin America isn exactly known as a hot bed of open mindedness when it comes to race. Let get this straight from the jump: The Broncos won fire nearly three dozen players who took a knee in protest during the national anthem, no matter how much President Donald Trump stomps his feet and whines like a petulant child.Stick to sports? cheapest place to buy football jerseys It football jersey white was impossible Sunday, when a bigger story than Denver 26 16 loss to Buffalo was how 32 Broncos including Von Miller, Demaryius Thomas and Brandon Marshall defied the president with a powerful display of unity during the playing of Star Spangled Banner.
If a player misses a shot, he will acquire a letter until they spell out "horse." At which point, he is out. Look to the team's uniforms or helmets for additional colors that may work well on the walls, using these colors for trim around doors or windows.
I had no real plans in my life at the time and I felt like I wasn't accomplishing anything in my life. Instead, they win but don't cover.
Brown led the Pac 12 with 120 tackles last season, his second consecutive year to lead UCLA in that category. And for RCF, offloading will be by 5 percent to bring it to 75 percent.
When I was there, it was $8 a gallon. DAZN is designed to put fans first, so we're confident fans in Canada will enjoy our product and proposition."Cable TV price hikes may prompt more cord cuttingCanadian customers can also expect "access to other sports from top leagues and competitions around the world," but the company didn't elaborate on what specific content will be available besides NFL games.In an interview http://www.authenticcheapjerseyschina.com/ with CBC News, DAZN managing director Alex Rice says the service will offer Canadians more the NFL package when it launches later this month.
Divisive comments like these demonstrate an unfortunate lack of respect for the NFL, our great game and all of american football uniform builder our players, and a failure to understand the overwhelming force for good our clubs and players represent in our communities," the statement read (via USA Today)..
With. The classic Xbox contains a variety of non gaming features as well, including the ability to rip music from CDs to the hard drive and DVD playback with the Xbox DVD remote.
Stafford and the Lions have the luxury of playing at home, but that Arizona D could be even faster on the turf.. Has to do with respect for our country.
They're not there to provide health care or perform research. Quarterback Derek Carr was efficient with two touchdown passes and the Raiders defense gave up yards, but stiffened in the red zone..
Hernandez wept after the verdict cheap baseball jerseys was announced, looking toward his fiancee, Shayanna Jenkins, who started using the Hernandez name in 2015..
"She carved out this special thing for herself by doing the stuff that we didn have time for, like crisis management," says Tom Condon, the king of NFL agents, who reps the Mannings, Drew Brees, Tony Romo, and hundreds more at the Creative Artists Agency and who once tried to bring White and her clients to CAA.
American football first appeared on college campuses. Ul t ima t e l y, Lombardi was bored being "out of action" and in 1969 accepted the head coaching position with the Washington Redskins, a team that hadn't had a winning season in 13 years.


text:
Review: New supernatural series on Netflix - 666 Park Avenue Special
By AR Vasquez Oct 5, 2013 in Entertainment
After the Fringe TV series ended, fans were itching to find another show with the same calibre of high quality production that included a great cast, intriguing and believable characters and a thrilling supernatural intelligent story arc.
Although, shows like Haven, Continuum and Sherlock somewhat filled the gap, they still fell short of the intensely driven characters and story lines that the J.J. Abrams' Fringe series delivered.
Until now. David Wilcox's 666 Park Avenue delivers the goods and some .
Here is a synopsis from IMDB.com:
"If you could make one wish, what would it be? And what would you do to get it? At 666 Park Avenue, all of your dreams and burning desires can come true: wealth, sex, love, power, even revenge. But just be careful what you wish for, because the price you pay... could be your soul. Welcome to The Drake, the premiere apartment building on Manhattan's Upper East Side. Owned by the mysterious Gavin Doran (Terry O'Quinn - Lost) and his sexy wife Olivia (Vanessa Williams - Desperate Housewives), The Drake is home to dozens of residents who are unaware they're living in the dark embrace of supernatural forces. They think their dreams are all coming true, only to find they've been lured into making, what feels like, a deal with the Devil. When a young Mid-western couple - Jane Van Veen (Rachael Taylor - Charlie's Angels, Grey's Anatomy) and Henry Martin (Dave Annable - Brothers & Sisters) - is hired to manage The Drake, they soon discover that evil, obsession, and manipulation has a home. Allow yourself to be seduced by 666 PARK AVENUE, and unravel the mysteries of this devilish new drama from Alloy Entertainment (Gossip Girl, The Vampire Diaries, Pretty Little Liars) and executive producers David Wilcox (Fringe, Life on Mars), Leslie Morgenstein (Gossip Girl, The Vampire Diaries) and Gina Girolamo (The Secret Circle, The Lying Game)." - IMDB.com
ABC tv series 666 Parker Avenue
ABC network
From the first episode, the characters jump to life. The cinematography is fantastic and the music sound track haunting and bone chilling. The acting by Terry O'Quinn (Lost) who plays the sinister Gavin Doran and Rachael Taylor (Grey's Anatomy) who plays the lead character Jane Van Veen are top rate. Just as in Fringe, we liked how we are introduced to the characters and the story--just ordinary people you would see every day in a normal world. But as Jane starts to notice strange things at the Drake, we as viewers begin to wonder if there is something sinister behind all the glamour and fancy interiors of the building. The build up is perfectly paced and each character is introduced with just enough air time to intrigue the viewer and is only reintroduced later when it is vital to the story. There is very little waste of dialogue and scenes in this show.
Kudos to David Wilcox, executive producer and the rest of the cast and crew on 666 Park Avenue. It is a difficult feat to be compared with Fringe, in our opinion at least, but 666 Park Avenue comes very close to it if not beats it. The series is based on a novel of the same name by author Gabriella Pierce. But the series takes on a darker approach at the story so readers of the book will note the differences between the book and the TV show.
I give 666 Park Avenue 5/5 stars
The full series is available to watch online on Netflix or via iTunes subscription.
More about Netflix, new series, Review, AnneRae Vasquez, Supernatural
Netflix new series Review AnneRae Vasquez Supernatural Fringe david wilcox rachael taylor terry O Quinn 666 park avenue


text:
Graphene Laboratories Inc. and CVD Equipment Corporation offer single-layer CVD Graphene Products
Home / Press Releases / Announcements / Graphene Laboratories Inc. and CVD Equipment Corporation offer single-layer CVD Graphene Products
August 31, 2010 Announcements, Press Releases
RONKONKOMA, N.Y., (Business Wire) – August 31, 2010 – CVD Equipment Corporation (NASDAQ: CVV), and Graphene Laboratories, Inc., today launched a new line of Chemical Vapor Deposited (CVD) Graphene products. These products include large-area single layer graphene films grown on copper foils or copper-coated wafers. This is the first truly two dimensional material that has become commercially available on the market. CVD Equipment Corporation will manufacture single-layer CVD grown graphene based materials and products and Graphene Laboratories, Inc. will provide marketing of the new products with the
CVDGraphene™ trademark for sale worldwide.
Graphene is a novel carbon nanomaterial film that is only one atom thick and has unique electrical and mechanical properties as well as supreme stability and durability. CVD grown Graphene is projected to be used for production of Graphene-based electronics, sensors, micro-electro-mechanical systems (MEMS), solar batteries, etc. The commercial availability of truly two-dimensional graphene film easily compatible with the scaling requirements of the semiconductor industry, leads to a new generation of graphene-based computers and electronics. In particular, this technology could result in the development of high-frequency computer chips with greatly reduced power consumption.
"We are excited to offer single-layer CVD grown Graphene products. We have received many requests regarding this product from researchers and engineers from around the globe. Finally, it has become commercially available." said Dr. Elena Polyakova, President and CEO of Graphene Laboratories, Inc. "We truly believe this is a critical milestone on the road of large-scale production of graphene-based products."
CVD's Equipment Corporation's Application Laboratory provides process development and material growth services for a wide range of advanced nanomaterials, i.e. Carbon Nanotubes, Silicon and other Nanowires, CVD Graphene, Transparent Conducting Oxide (TCO) materials and other CVD processes. It hosts a range of CVD research and production equipment that will be utilized for CVD Graphene production.
"CVD Equipment Corporation is focusing on enabling the commercialization of tomorrow's technologies," says Karlheinz Strobl, VP of Business Development for CVD Equipment Corporation. "By leveraging the process development and manufacturing capabilities of our Application Laboratory and by collaborating with Graphene Laboratories, Inc. on CVD Graphene based product developments we believe we can shorten the time to market for a range of already existing and future "nanoenabled" products. Together, we are able to offer and ship a growing array of CVD Graphene products. With the newly developed
CVDGraphene™ manufacturing process on copper foils we can now support a larger base of customer requests working in the electronic, solar, bio and medical fields."
About Graphene Laboratories, Inc.
Graphene Laboratories, Inc. ( opens in a new windowwww.graphenelab.com) is a spinout of Columbia University, a leading center for Graphene studies. The primary goal of Graphene Laboratories, Inc., located in the heart of Boston's high-tech area, is to apply fundamental science and technology to bring functional Graphene materials and devices to market. The Company was founded by a group of experts in the field of nanomaterials, who possess extensive experience in characterization of structural and electronic properties of Graphene and deep fundamental and practical knowledge of processing Graphene-based materials. Graphene Laboratories Inc. also operates the opens in a new windowGraphene Supermarket™ (www.graphene-supermarket.com) website facilitating the marketing and sales of Graphene products to customers around the globe.
For further information please contact Elena Polyakovacreate new email, Tel: (516) 382-8649, E-mail: elena.polyakova@graphenelab.comcreate new email. To order CVD Graphene products or discuss your application visit our Graphene Supermarket™: opens in a new windowwww.graphene-supermarket.com
About CVD Equipment Corporation
CVD Equipment Corporation (NASDAQ: CVV) is a designer and manufacturer of standard and custom state-of-the-art equipment used in the development, design and manufacture of advanced electronic components, materials and coatings for research and industrial applications. It offers a broad range of chemical vapor deposition, gas control, and other equipment that is used by customers to research, design and manufacture semiconductors, solar cells, carbon nanotubes, nanowires, LEDs, MEMS, industrial coatings and equipment for surface mounting of components onto printed circuit boards. It also operates an Application Laboratory, which develops and manufactures a range of nano and CVD based materials and develops related processes and manufacturing solutions.
The Private Securities Litigation Reform Act of 1995 provides a "safe harbor" for forward-looking statements. Certain information included in this press release by CVD Equipment Corporation ("CVDEC") as well as information included in oral or other written statements made or to be made by CVDEC, contains statements that are forward-looking. All statements other than statements of historical fact are hereby identified as "forward-looking statements," as that term is defined in the Private Securities Litigation Reform Act of 1995. Such forward looking information involves a number of known and unknown risks and uncertainties that could cause actual results to differ materially from those discussed or anticipated by management. Potential risks and uncertainties include, among other factors, industry specific and general business conditions, competitive market conditions, success of CVDEC's growth and sales strategies, possible customer changes in delivery schedules, cancellation of orders, delays in product shipments, delays in obtaining parts from suppliers, failure to satisfy customer acceptance requirements and other risk factors described in CVDEC's SEC filings. All forward-looking statements are based on management's estimates, projections and assumptions as of the date hereof and CVDEC assumes no obligation to update this press release.
For further information regarding CVD please contact Investor Relations by Phone: (631) 981-7081, Fax: (631) 981-7095 or Email: investorrelations@CVDequipment.comcreate new email or visit our website at www.CVDequipment.com
CVD Equipment Corporation Receives Additional Order for Ten PVT-150 Systems for Silicon Carbide Growth (January 10, 2023)
CVD Reports Third Quarter 2022 Results and Announces Termination of the Sale and Leaseback Transaction (November 14, 2022)
CVD Equipment Corporation Receives $3.7M Aerospace Order for Production Coating System (November 10, 2022)
EasyTube™ 101, a New Nanotechnology/Energy Material Research and Development Platform from CVD Equipment Corporation
CVD Equipment Corporation receives order for Aerospace Coating Systems


text:
AOC: Expiration of Child Tax Credit to Blame for Rising Crime in NYC
Far-left Rep. Alexandria Ocasio-Cortez (D-NY) correlated increasing thefts in New York City to the expiration of the child tax credit in an interview published on Monday, Fox News reported.
While speaking with the New Yorker for a "wide-ranging" interview, Ocasio-Cortez said she has been told by "hospitals, doctors and social workers" that the increase in violence is mainly being caused by young men.
"And we allow the discourse to make it sound as though it's, like, these shady figures in the bush jumping out from a corner. These are young men. These are boys. We're also not discussing the mental health crisis that we are experiencing as a country as a result of the pandemic," she said.
Police officers lock down the scene after two NYPD officers were shot in Harlem on January 21, 2022, in New York City. (Photo by Alexi Rosenfeld/Getty Images)
The report continues:
She pointed out that the child tax credit, which was seen as a lifeline to many families, expired on Dec. 31 "and now people are stealing baby formula."
The child tax credit was part of President Joe Biden's $1.9 trillion coronavirus relief package. Biden wanted to extend the program for another year but was thwarted by Sen. Joe Manchin (D-WV), who argued the money would "discourage people from working" and aggravate inflation even further, according to the outlet.
"We don't want to have that discussion. We want to say these people are criminals or we want to talk about "people who are violent," instead of 'environments of violence,' and what we're doing to either contribute to that or dismantle that," the congresswoman said.
Fox News noted that the day the interview was published, an Asian American woman was stabbed to death in her Chinatown apartment. Police said a homeless man followed her inside, the New York Post reported.
Ocasio-Cortez's office did not respond to a request for comment from Fox News.


The Department of Khidmat-e-Khalq serves the wider community. The Mohtamim designs and implements programs to assist in poverty alleviation in the local community, regardless of whether the recipient is a Muslim or not. He should continue trying to eliminate unemployment and poverty among the society.


Our builds come provided with a turn flop hub with each, mounted equipment cog and single velocity sprocket. A set constructed whether or not you are an revel in rider or a typical commuter. With customized riser bars to take on the city town and experience quite simply as you discover your surrounding nature. Our Golden Cycles assortment is a top quality bicycle that every one can revel in.