"I've got a great book collection, and there are great atlases and things like that. [T]here's a great book we have here, The Burnham Plan of Chicago, it's wonderfully illustrated from 100 years ago. [W]ould an electronic version replace that?" said Leo Klein, part time librarian at the DePaul Library.
Of course, not every book fits into this category. In fact, the majority don't, which is why I'm perfectly happy to access them online. It's just the distribution methods, some quite restrictive and proprietary, that give me indigestion.
Just got an interesting question over the phone today. A woman called the reference desk wanting to know if we were open to the public. She said she wasn't a student from DePaul.
"Yes," I replied, explaining that she had access to the books and print journals.
"Do we have access to the wireless as well?"
I had to explain that, like most schools, you need a student ID and password to access the wireless here. I was impressed though by her assumption that wireless was now part of what it means for a library to be "open".
It is with great sadness that we have learned of the sudden death of Harvey the Reference Plant on February 13th, age 2 weeks. In Harvey's brief association with us, he brightened up the Reference Desk in ways that more puny (and apparently cheaper) plants just couldn't match. We send our condolences to the entire plant world and have reconciled ourselves to the fact that a replacement, in the form of a new bouquet, is on its way.
PHOTO 1. Inclusive? Depressing? Neither? Both? Sign on Chicago El reads: "Depressed? Diabetic? Depressed and Diabetic? Neither one?"
PHOTO 2: Effective messaging (if you happen to be a lawyer). Sign on doors at UIC warning, "These doors are for A.D.A. Use Only".
PHOTO 3: Strange marketing juxtaposition. Preparation H on clearance at the Dominicks normally full of college students near DePaul University.
The People have spoken and 'Harvey' has edged out 'Irene' by 4 tics to 3.
So we got this enormous plant for the reference desk which looks like it came from the "Little Shop of Horror". It's looking at me all the time and I know it's probably eaten a student or two when my back was turned. So naturally I'm taking a poll among my colleagues to see what we should call it: "Harvey or Irene?"
At this point it's a tie.
An old colleague from NYU, Jen Schwartz, just started at DePaul. It's a small world.
Is it okay to eat people alive?
When robbing a bank should you only ask for twenties?
You know all those empty liquor bottles under your desk? If you kicked them under the desk of a colleague so that it looked like he had a drinking problem and not you, would this constitute a violation of university guidelines for recycling of glass, paper and plastic?
Today was my first day back at Library Reference at DePaul. Winter Session starts on Monday.
So the email goes out: "pumpkin nut/raisin bread" in the Reference Workroom.
Sounds nice, huh? So what's left when the Saturday crew finally shows up? You're looking at it.
Read more about So Where's the Cake?


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Arif v Anwar & Anor [2013] EWHC 624 (Fam)
Financial remedy application – bankrupt husband - oral disclosure hearing – directions given for hearing of two preliminary issues
W issued her divorce petition on 21.6.11. H (an insolvency practitioner) was made bankrupt on his own petition on 6.10.11. The only asset in the bankruptcy estate was the Former matrimonial home. The FMH had been registered in W's sole name but in 2003 she executed a deed of trust declaring H to be the absolute beneficial owner. The value of the FMH was taken, for the purpose of argument, as having been £1.8m at the time of the bankruptcy order. The company through which H operated his insolvency practice, 'RMC' had collapsed and been placed into administration, H's bankruptcy threatening his accountant's and insolvency practitioner's licences.
A very substantial claimant in the bankruptcy was S (H's son from a previous marriage). S asserted a beneficial interest in the FMH under a constructive trust which arose from him having invested in building work in the property. This was put by both H and S at 50% albeit H's account of how this arose differed in his Form E and his Statement of Affairs in the bankruptcy, in which he simply said S had a charge over the property. Additionally, S had paid various lenders to whom H had liabilities and taken over those liabilities. He also discharged a debt owed to Barclays Wealth in Jersey in the sum of £425,000, which was secured on a property at Charles Lane which was beneficially owned by S. A further creditor was "Declan", whom H claimed to owe some £500,000 in repayment of an advance commission for work in respect of "a commercial deal which did not complete" in 2005 which, on H's case, had to be repaid.
As W could only obtain an order for a financial remedy if there was a surplus of assets over liabilities in the bankruptcy, W initially applied within the bankruptcy proceedings to annul the bankruptcy, but later abandoned this application. The bankruptcy proceedings therefore went ahead. However within the financial remedy proceedings, Eleanor King J, following the procedure adopted in OS v DS [2004] for preliminary oral discovery hearings, made a direction for a preliminary hearing "to determine the consequences on [H]'s financial resources of (a) The effect of transactions between [H] and [S] on (i) the beneficial ownership of [the FMH] and (ii) the extent of any personal debts between [W] and [H] and [S] and (b) The effect the transactions between [Declan] and [H] either personally or through their businesses, on the extent of any debts between [Declan] and [H]".
That hearing came before Norris J. At the start of the hearing H applied for it to be "adjourned generally" pending an examination in the Chancery Division into the size of the bankruptcy estate. He argued that the direction of Eleanor King J listing the hearing had been made on the footing that there would be a surplus to meet W's needs on a modest level, but it now appeared that in no circumstances would there ever be any surplus in the bankruptcy estate. Norris J rejected that submission. S then made an application that the hearing should not proceed because it was procedurally unfair. Norris J reminded himself that the result of such a hearing could be "preliminary indications or even findings", but they would only result if a judge considered it procedurally fair to make them. There was no procedural unfairness inherent in the process of oral disclosure itself and therefore the hearing proceeded. Oral evidence and submissions were made over the course of 4 days.
Norris J indicated in his judgment that he had gained the impression that H and S wished to avoid scrutiny of their affairs and that there was a case for further enquiry, albeit not the "roving" enquiry sought by W. It was apparent that W's case was in general that the apparent dealings between H and S did not reflect the reality of the case, that whatever S held really belonged to H and this was "the custom of their people". However, Norris J commented that ownership was determined by legal rules, not cultural norms, and found that it would be disproportionate to order an inquiry into every dealing between H and S and adjudicate on which transactions constituted shams.
Norris J made directions that there be hearings of two preliminary issues. The first of these was "the Beneficial Interest Issue" namely whether in the events which have happened S was on 6 October 2011 (a) the beneficial owner of a 50% share in the FMH; or (b) was entitled to some other (and if so what) interest in it; or (c) was a creditor of H in respect or all or some of the alleged payments made by him to H for works on the property.
The second preliminary issue of which Norris J directed a hearing was "the Dealings Issue" namely (1) whether S had repaid the following sums borrowed by H and W and applied for his benefit (i) £245,000 borrowed from Barclays Wealth as indirect replacement for the Norwich Union mortgage charged upon Charles Lane (ii) £390,000 borrowed from Woolwich BS and £155,000 borrowed from Barclays Wealth and used to fund the purchase of Tema House (together with £16,450 borrowed from the same source to pay the costs and stamp duty) and (iii) £174,250 transferred to a Capital Account for S's benefit from the Barclays Wealth facility ("the Mortgage Liabilities"); (2) whether any such repayments by S in respect of the Mortgage Liabilities (and if so, which) were made out of funds not derived from the accumulated or accruing rental income of Charles Lane (" the External Funds"); (3) what was the source of the External Funds used to repay the Mortgage Liabilities and what was the nature of S's interest in them; (4) what drawings were made on the Barclays Wealth account (secured by a charge on Charles Lane) between 29 May 2009 and 6 October 2011 and which of them was not for the benefit of S.
On both issues, Norris J directed that S be the Claimant in both issues and made directions for the filing and serving of points of claim and defence and standard disclosure by list.
Norris J did not consider it necessary to formulate a preliminary issue in relation to the sums due to Declan. He commented that this would be a matter for the Trustees, but on the evidence before him and the difference between the accounts given by Declan and H, the Trustees "may well have issues o to examine before admitting the debt to proof in full."
Norris J ordered that H and S be jointly and severally liable for 20% of W's costs in connection with the oral disclosure application and the remaining 80% be W's costs in the ancillary relief application. He held that the disclosure exercise had been necessitated by the failure of H to provide adequate financial information, but his order should reflect that there was a possibility that the whole process resulted in no surplus from the bankruptcy estate.
Summary by Thomas Dudley, barrister, 1 Garden Court Family Law Chambers
Case No: FD11F00482
The Rolls Building
London, EC4A 1NL
B e f o r e :
MR JUSTICE NORRIS
Sofia Arif Petitioner
Arif Anwar 1st Respondent
Raziz Rehan 2nd Respondent
James Ewins (instructed by Hughes Fowler Carruthers Ltd) for the Petitioner
Valentine Le Grice QC (instructed by Zak Solicitors) for the 1st Respondent
Christopher Brougham QC and Nicholas Fairbank (instructed by Saints Solicitors) for the 2nd Respondent
Joseph Curl (instructed by Speechley Bircham LLP) for the Trustees in Bankruptcy
Hearing dates: 12, 13, 14, 18 February 2013
HTML VERSION OF JUDGMENT
Crown Copyright ©
Mr Justice Norris:
1. This case requires a consideration of how an issue relevant both to proceedings in the Family Division and in the Chancery Division might sensibly be managed.
2. In summary, W presented a petition for divorce on the 21 June 2011. H (who was then an insolvency practitioner) was made bankrupt on his own petition on the 6 October 2011. The bankruptcy may, or may not, have been tactical: H says that it was the direct result of W's claim for ancillary relief. For the management of the issue which has arisen it does not matter and I express no view. A substantial claimant in the bankruptcy is S (H's son by an earlier marriage).
3. The only asset in the bankruptcy estate is the former matrimonial home ("No.68"). Until recently the registered proprietor of No.68 was W: in November 2003 she had executed a declaration of trust under which H was declared to be the absolute beneficial owner. The value of No.68 at the date of the bankruptcy order is, for the purposes of argument, taken at approximately £1.8m.
4. The value of No.68 is not treated as £1.8m in the Statement of Affairs which H prepared for his bankruptcy. In that Statement of Affairs S is shown as entitled to a charge over No.68 to secure repayment of £925,000.00 (reducing the value of H's interest to £925,000). In his Form E dated 16 August 2011 H put the matter rather differently. He said:-
"In 2006 I agreed to share my beneficial ownership of the property equally with [S] on the basis of which he invested over £500,000.00 in the property".
He later expanded upon this by saying:-
"By 2006 when [S] was aged 20, he had accumulated further capital… My home [No.68] needed refurbishment and I therefore suggested to [S] that he should sell [a property] and use the proceeds and his further capital to invest in a substantial extension and improvement at [No.68] in return for which he and I would become equal joint beneficial owners".
H attached a schedule of payments said to have been made by S pursuant to that agreement, those payments being received by H, by W or by the builders between 13 July 2006 and 27 June 2007, and totalling £503,785.00.
5. The reason why No.68 is the only asset in the bankruptcy estate is because of the collapse of H's insolvency practice. That practice was conducted through a company ("RMC1"). On the 16 January 2012 RMC1's bankers appointed administrators, because H's bankruptcy put in jeopardy his insolvency practitioner's and accountant's licences on which the businesses depended. RMC1 had filed accounts at Companies House, but had withdrawn them at the insistence of HMRC. This meant there were only unaudited accounts. The unaudited accounts for the year ending 30 April 2010 had shown that RMC1 had net assets of £1.14m. That net figure would have been reached after allowing for the repayment to H of his director's loan account (which stood at £200,000.00 or more). H was the sole shareholder of RMC1 (and so was entitled to the value of the net assets).
6. Most unfortunately in June 2011 (the month in which W's petition was served) there was (according to H) a software accident in Pakistan which led to the destruction of RMC1's primary records. Not only that, but the administrators have been unable to obtain RMC1's management accounts (or secondary records). This means that the administrators do not know who owes money to RMC1, and so they are unable to collect the book debts or value the work in progress. This means that H will not receive any distribution in respect of his substantial director's loan account, and that the value of his interest in the business (which stood at £1.6 million on the last accounts) has evaporated. Of course, someone with personal knowledge of the business of RMC1 might well know who owed it money: but the administrators are not in that position.
7. As to liabilities in the bankruptcy the following are worthy of note. First, the difficulties faced in the administration of RMC1 and the fact of H's bankruptcy meant that the bankers called upon personal guarantees and called in loans. Fortunately for H, S has paid off these banks and taken over the debts: so that in the bankruptcy the votes which would have been exercised by banks with purely commercial considerations in mind are now being exercised by his son who is able to take into account his father's family interests. Second, S has done the same in relation to debts claimed by H's friends to be owing to them, payment being said to be made in Pakistan (totalling £70,000). Third, as I shall have to explain, there is a debt owed to Barclays Wealth in Jersey in the sum of about £425,000.00: this was secured on a property at Charles Lane which is beneficially owned by S. S has also discharged this debt (and accordingly in the bankruptcy again casts the votes attached to it).
8. Fourth, in his Statement of Affairs dated 5 October 2011 H says that he is indebted to a business associate ("Declan") in the sum of £500,000.00 (inclusive of approximately £100,000.00 in interest). This is as a result of advance commission received in 2004 and 2005 in respect of a "commercial deal that did not complete" so that the commission became returnable. In the Family Division proceedings by his Form E dated 16 August 2011 H had estimated this debt at £750,000.00 and had said:-
"In 2004/5 I assisted [Declan]… in an investment project in Ireland. As a result of the deal, I was due a commission of €600,000.00. As I wanted the cash upfront, partly for investments in Lahore, I asked [Declan] if he would loan it to me as an advance on my commission and he agreed to do so. Unfortunately, the property market in Ireland collapsed and the commission was no longer due to me, and [Declan] has therefore demanded repayment of his loan. At the point the deal failed, we agreed that I would pay interest at the Dublin Central Bank rate plus 7% as I was unable to repay the loan. [Declan] originally indicated that he would accept repayment in sterling, but given the dramatic movement in the exchange rate he is now insisting on repayment in Euros…"
9. From Declan's loan H says that he paid £200,000.00 to S: H says this payment was a gift and not a loan or nominee arrangement.
10. H's bankruptcy obviously impinged on W's financial claims in the Family Division Proceedings. First, unless there is a clear surplus of assets over liabilities in the bankruptcy it will not be possible for an award to be made in her favour in the ancillary relief proceedings: see Hellyer v Hellyer [1996] 2 FLR 579.
11. Second, for that reason W sought to annul the bankruptcy order so that in the exercise of the jurisdiction under section 25 of the Matrimonial Causes Act 1973 her claims to provision could be taken into account along side the claims of creditors: see Paulin v Paulin [2009] EWCA Civ 221. That application was obviously made in the bankruptcy proceedings. The regulation of proceedings in bankruptcy is a matter for the registrars and judges of the Chancery Division. But as Patten LJ pointed out in Arif v Anwar [2012] EWCA Civ 986 at paragraph 21:-
"That said, judges and registrars sitting in bankruptcy need to be alive to the real possibility that husbands (or wives) may attempt to use the protection of a bankruptcy order as a shield against the claims of their spouses for ancillary relief. Where there is credible evidence of this, they should not be afraid to use the powers which they have to order full disclosure and to require the attendance and cross examination of witnesses where this is necessary in order properly and fairly to determine the annulment application. In such cases the more convenient course may well be to transfer the annulment application itself to be heard along side the ancillary relief application in the Family Division, where the evidence and issues are likely to be similar and costs can be saved by having a single hearing of both applications".
W's attempt to achieve that end did not succeed in the instant case because the Registrar made a proper case management order for the determination of the annulment application to remain in the Chancery Division. W abandoned the application; so the bankruptcy proceedings continued. (W must, of course, now face the consequences of commencing and then abandoning annulment proceedings; for an adverse costs order has been made and the costs of the bankruptcy have enormously increased. The Trustees' time costs to 28 January 2013 were said to be £207,000 – of which £80,000 related to the annulment application - plus disbursements on legal fees of £146,000. Even allowing that time costs are not the basis upon which the remuneration of an appointee is assessed, the potential costs burden is heavy).
12. Third, to establish the surplus in the continuing bankruptcy it is in W's interest to enlarge the estate (by challenging S's claim to an interest in No.68) and to reduce the claims upon it (by, for example, asserting that the loans from the banks were to some extent for the benefit of S, and that the payment off by S does not entitle him to be subrogated, or by saying that there was some sort of running account between H and S of which repayment of the bank loans was only part). But an effective examination of the claims made by S (or by Declan) in the bankruptcy cannot be forced by W because she has no real standing in the bankruptcy.
13. If there had been any question of H entering into a transaction at an undervalue with the intention of putting assets beyond the reach of W (which is not alleged in this case) then she would have had standing as "a victim" to apply to restore the position: Ram v Ram [2004] EWCA Civ 1452. But the fact that she has a claim for unpaid maintenance pending suit does not give her standing as a creditor because such a debt is not provable in the bankruptcy: Insolvency Rule 12.3(2)(a). Nor does her current claim for a lump sum payment give her standing as a contingent creditor: she is not a creditor at all within section 382 of the Insolvency Act 1986 until the ancillary relief order is made in her favour: Re Jones [2008] BPIR 1051, the reasoning in which is consistent with the decisions of the court of appeal in Glenister v Rowe [2000] (Ch) 76, Steele v Birmingham City Council [2005] EWCA Civ 1824 and Casson v Law Society [2009] EWHC 1043.
14. The abandonment of W's attempt to annul H's bankruptcy meant that the bankruptcy continued, with issues being determined in the Chancery Division. The Trustees will need to obtain possession of No.68, and that will entail an examination of the extent of S's interest in No.68. The Trustees will also have to admit debts to proof, and this will involve an examination of the claims of S and of Declan. The nature of the assets in the estate means that there are no ready monies out of which the costs of any detailed investigation or litigation could be paid: so the Trustees have not settled upon the commencement of proceedings. The creditors cannot be looked to as a source of funding any proceedings, since the principal creditors are S and Declan, whose dealings would fall for examination. Any funding arrangement requiring approval from the creditors would face the difficulty that the votes attaching to the principal debts are now exercisable by S.
15. Essentially the same issues fall for consideration in the Family Division. W is conducting her proceedings in that division under a contingency funding arrangement. This permits her to ask the court to give direction for the formulation and resolution of those issues in that division.
16. The matter is one of pure procedure. The law by reference to which the issues would be determined is identical to that which would be applied in the Chancery Division: see, if authority is needed for such a proposition, TL v ML [2005] EWHC 2860 (Fam) at paragraph [34] and A v A [2007] EWHC 99 (Fam) at paragraphs [21] and [22].
17. There is, however, one procedural device available in the Family Division not frequently deployed elsewhere. In OS v DS [2004] EWHC 2376 (Fam) Coleridge J was concerned with applications about disclosure, production of documents, and the joinder of parties. It seemed to him that he would be assisted by hearing from the husband on oath in relation to a number of crucial, central and highly contested financial issues. He therefore gave directions for a "preliminary-oral discovery" hearing. Amongst the advantages he saw in adopting this process (see paragraph [11]) were:-
a) Explanations and factual issues could be fully tested at a far earlier stage than would otherwise be the case
b) Trips down blind alleys could be ruled out or at least curtailed:
c) Preliminary indications or even findings could be made
d) The party under scrutiny would be able to appreciate at an early stage what would be faced in terms of examination.
But he warned that any judge conducting such a hearing must be astute to ensure that both parties' right to a fair hearing of the substantive issue itself was not jeopardised.
18. In exercise of this jurisdiction on 6 November 2012 Eleanor King J ordered that there be:-
"A preliminary hearing to determine the consequences on [H]'s financial resources of
(a) The effect of transactions between [H] and [S] on (i) the beneficial ownership of [No. 68] and (ii) the extent of any personal debts between [W] and [H] and [S].
(b) The effect the transactions between [Declan] and [H] either personally or through their businesses, on the extent of any debts between [Declan] and [H]".
She gave directions as to evidence including a direction the S must include in or exhibit to his sworn evidence all documents and information on which he relied.
19. Permission to appeal that order ("the November Order") was refused. Accordingly, the hearing proceeded before me over 5 days.
20. On the morning of the first day H (supported by S) submitted that I should review the November Order and should direct that W's application for oral disclosure should be adjourned generally, pending an examination in the Chancery Division into the size of the bankruptcy estate and an examination of the claims upon it. This was in essence an application that W's claim for ancillary relief in its entirety should be adjourned generally. The ground of the submission was that Eleanor King J had proceeded on the footing that even after the deduction of very substantial matrimonial costs W's most basic needs (namely housing for herself and for the child of her marriage to H) could be met albeit at a modest level: but that matters had moved on and it could now be demonstrated that in no circumstances would there ever be any surplus in the bankruptcy estate. Accordingly, it was argued, a summary determination of this present application (and, logically the entire ancillary relief proceedings) was warranted. I rejected that submission.
21. The afternoon of the first day was taken up with an application by S (supported by H) that the hearing should not proceed because it was procedurally unfair. So far as H was concerned, it was said that if the trustee in bankruptcy had a settled intention to take proceedings against him then it would be wrong to subject H to what was, in effect, a private examination in advance of such proceedings. So far as S was concerned, it was said that it was procedurally unfair that his third party interest (in No. 68 or in transactions with H which W labelled "shams") should be determined in the absence of the Trustees in bankruptcy and without any properly pleaded case. I rejected those submissions. I reminded myself that the process on which I was embarked was a form of "oral disclosure", and that whilst Coleridge J had suggested that the outcome of the process might be "preliminary indications or even findings", that could only be the result if a judge, who was astute to ensure that the right to a fair hearing was not jeopardised, considered it procedurally fair. There was no procedural unfairness inherent in the process of oral disclosure itself.
22. Over the remaining 4 days I heard evidence and submissions. I do not consider it fair to W, H, S or Declan to make dispositive findings. I have decided that on two issues it is appropriate to give directions for the determination of preliminary issues in the Family Division: in the case management of those issues I have taken as a starting point what was not (by the end of the hearing) the subject of dispute. I will set out only so much of the material I have heard as is necessary to explain why I have reached that view.
23. I should begin by recording that I do not consider that either H or S has made a wholehearted effort to comply with the Order of Eleanor King J. The impression I have gained from reading all of the evidence and from watching the process of oral disclosure (reinforced by the successive applications not to give effect to that order) is that H and S wish to avoid scrutiny of their affairs. There is a case for further enquiry: but not the sort of roving commission sought by W. That leads me to these directions.
24. First, I direct the hearing of a preliminary issue ("the Beneficial Interest Issue") namely that it be determined whether in the events which have happened S was on 6 October 2011 (a) the beneficial owner of a 50% share in No.68; or (b) was entitled to some other (and if so what) interest in No.68; or (c) was a creditor of H in respect or all or some of the alleged payments identified in paragraph 54 of the Affidavit of the Second Respondent (an unsworn copy of which is in Bundle 9 and to the truth of which he affirmed at the hearing ("S's Affidavit")).
25. As to case management in relation to this issue, I direct that S shall be the claimant in the issue, and that H, W and the Trustees shall be the Respondents (the Trustees being joined for that purpose). The joinder of the Trustees to the preliminary issue in the Family Division proceedings shall be without prejudice to the right of the Trustees to apply in the Chancery Division for a stay under 285 IA 1986. I am not making this explicit because I consider such an application is warranted (otherwise I would not be making the present order), or because I anticipate such an application being made. Indeed, I cannot think why the Trustees would not want the issue determined, and at the expense of someone other than the estate. But it is desirable to emphasise that although the determination of the Beneficial Interest Issue lies in the Family Division the Chancery Division is where control of the bankruptcy proceedings lies. H is joined, not because he has any subsisting property interest in No.68 (for his interest is vested in the Trustees); but because the outcome of the determination may affect any order that might be made against him in the ancillary relief proceedings, since he is (or will be) discharged from bankruptcy.
26. S is the Claimant in the issue because the burden is upon him. It is common ground that there is a Deed declaring that the entire beneficial interest is vested in H. If S has acquired a beneficial interest in No.68 that can only be because H has disposed of part of his interest. By s.53(1)(c) of the Law of Property Act 1925 a disposition of an equitable interest subsisting at the time of the disposition must be in writing signed by the disponor. Both H and S have assured the Court that they have put forward the best evidence they have available to them, and this evidence contains no written disposition. S explains that it was intended "to amend the Trust Deed": but this was never done. That is why both H and S assert a constructive trust. But as regards the disposition of a subsisting interest (as opposed to the ascertainment of those interests on acquisition of a property) the type of constructive trust which enables the disponee to rely on s.53(2) is of a much more particular sort. It is for S to establish exactly the necessary facts: and until then W (and the Trustees) can rely on the express Declaration of Trust and the absence of any assignment.
27. The payments to the builder for the work on No.68 cannot be established because most unfortunately the relevant cheques have been destroyed. The cost of the works (and how the actual expenditure was funded) is not at present known because most unfortunately all of the records of the refurbishment costs were inadvertently thrown away following a burst pipe incident at No.68 in 2008. It will therefore be necessary for S to plead in Points of Claim all of the facts he relies on as establishing the constructive trust which he asserts. I therefore give the following directions:-
(a) Points of Claim by S in the Beneficial Interest Issue by 4.00pm 8 April 2013;
(b) Points of Defence by H and W by 4.00pm 22 April 2013;
(c) Permission to the Trustees (if so advised) to file a Defence indicating that (subject to the reservation of the right to apply to amend and to the right to attend and participate in any hearing) they will abide the decision of the Court on the Issue;
(d) Points of Reply by S by 4.00pm 29 April 2013;
(e) Standard disclosure by list by S, H and W by 13 May 2013 (to be accompanied by copies of the disclosed documents);
(f) Any requests for specific disclosure or objections to disclosed documents to be made by 20 May 2013.
(g) Paragraphs 46 to 58 of S's Affidavit shall stand as his evidence in chief on the Beneficial Interest Issue;
(h) H and W's evidence (including the answers to questionnaires) shall stand as their evidence in chief on the Beneficial Interest Issue;
(i) Any application to adduce additional evidence must be made by 27 May 2013 (and the application must be accompanied by the evidence sought to be adduced);
(j) H, W and S shall by 20 May 2013 agree (i) a description of No.68 as at 1 January 2013 (ii) what work was done at No.68 between 1 January 2006 and 31 December 2007 (iii) for which of that work any necessary planning and building regulations approval was obtained (iv) a description of No.68 as at 1 January 2008. In the event of any failure to agree by the due date each of H, W and S shall be under an obligation immediately to seek the directions of the Court.
(k) All parties shall co-operate in the identification by 27 May 2013 of a single joint expert valuer for No.68 (and shall facilitate the completion of a valuation). In the event of any failure to agree by the due date each of H, W and S shall be under an obligation immediately to seek the directions of the Court. The valuer shall value No. 68 (i) as at 1 January 2006 in its then condition; (ii) as at 1 January 2008 in its then condition; (iii) as at the date of the valuation.
(l) The valuation report shall be produced by 10 June 2013.
(m) The issue shall be set down for hearing (time estimate 1 and a half days) for first open day after 24 June 2013. I will take the case if I am available
28. The directions include an order for standard disclosure. I am not satisfied that all relevant documents (save those exhibited) have been destroyed or lost. The surviving evidence indicates that key documents were held at places other than No.68: and under questioning S indicated that he would give authority to W's solicitors to approach Barclays Private Clients International in Jersey authorising the disclosure of statements for all accounts held with that bank by S (whether in his own name or in joint names or in the name of another but in which he had an interest).
29. There is one issue which I consider it is unnecessary to explore. Paragraphs 59 to 71 of S's Affidavit contain details of expenditure said to have been undertaken by S since 2007. No account is taken of this expenditure in the directions contained in the preceding paragraph because it is not legally relevant to the constructive trust case advanced by S and by H both in the bankruptcy and in the ancillary relief proceedings.
30. Second, I direct the hearing of a preliminary issue ("the Dealings Issue") namely that it be determined (1) whether S has repaid the following sums borrowed by H and W and applied for his benefit (i) £245,000 borrowed from Barclays Wealth as indirect replacement for the Norwich Union mortgage charged upon Charles Lane (ii) £390,000 borrowed from Woolwich BS and £155,000 borrowed from Barclays Wealth and used to fund the purchase of Tema House (together with £16,450 borrowed from the same source to pay the costs and stamp duty) and (iii) £174,250 transferred to a Capital Account for S's benefit from the Barclays Wealth facility ("the Mortgage Liabilities"); (2) whether any such repayments by S in respect of the Mortgage Liabilities (and if so, which) were made out of funds not derived from the accumulated or accruing rental income of Charles Lane (" the External Funds"); (3) what was the source of the External Funds used to repay the Mortgage Liabilities and what was the nature of S's interest in them; (4) what drawings were made on the Barclays Wealth account (secured by a charge on Charles Lane) between 29 May 2009 and 6 October 2011 and which of them was not for the benefit of S.
31. I direct that S will be the Claimant in the Dealings Issue. That is because it is clear on the documents that borrowings were made and applied for the benefit of S, and it is accordingly for him to show that he had repaid those borrowings and is no longer liable to indemnify his trustees (H and W).
32. As to case management I direct
(a) Points of Claim by S in the Dealings Issue by 4.00pm 8 April 2013;
(c) Permission to the Trustees (if so advised) to file a Defence indicating that (subject to the reservation of the right to apply to amend and to the right to attend and participate in any hearing) they will abide the decision of the Court on the Dealings Issue;
(g) Witness statements from S's witnesses (to include any witness statement from H supportive of S's case) to be served by 4.00pm 27 May 2013.
(h) W's evidence in answer (and H's, if any) to be served by 4.00pm 7 June 2013 ;
(i) Any supplemental evidence in reply to be served by 4.00pm 14 June 2013
(j) The Dealings Issue shall be set down for hearing (time estimate 1 day) for first open day after 24 June 2013 immediately following and to be heard by the same judge as the Beneficial Interest Issue.
33. These directions derive from whatever common ground was established before me, and from my understanding of the evidence as it stands. What follows records that understanding but does not represent a final finding of fact.
34. It is apparent from W's evidence that her case is that in general the apparent dealings between H and S do not reflect the reality of the case, that whatever S held really belonged to H, and that this was the custom of their people. Ownership is not determined by cultural norms but legal rules. Unless the Court is (a) to order an inquiry into every dealing between H and S; and then (b) in the light of the outcome of that enquiry direct W to identify which of those transactions constitutes a sham; and then (c) adjudicate upon each such transaction, this is not a case that is fairly justiciable. Given that resources are limited it would in this case (I say nothing of others) be wholly disproportionate. I agree with Mr Le Grice QC and Mr Brougham QC that it is necessary to identify issues. It is possible to do so.
35. In his financial statement dated 16 August 2011 H had said that at the death of his first wife in 1999 a commercial property at Charles Lane (a) had been beneficially owned by her and was almost mortgage free: and (b) that S had inherited it. This account appears substantially inaccurate.
36. At the hearing it came not to be disputed (a) by W that the equity in Charles Lane belonged to S; and (b) by H and S that Charles Lane had a value (in 1999) of £425,000.00 but was subject to a mortgage of £226,000.00 granted by Norwich Union. S had been left a legacy of £231,000.00. Charles Lane was appropriated to H and W as trustees for S in satisfaction of that legacy. Since under section 35 of the Administration of Estates Act 1925 the general rule is that Charles Lane must bear the burden of the associated debt, S's trustees took subject to the Norwich Union liability. H repaid the mortgage in 2001. Most unfortunately the documents relating to the redemption do not appear to be available: but its effect was to substitute for H and W's secured liability to Norwich Union (in respect of which they were entitled to an indemnity from S's funds) an unsecured liability to H alone (in respect of which the indemnity continued). (For simplicity I am ignoring questions of subrogation).
37. The evidence (particularly the documentary material) strongly suggest that in 2003 H and W (as trustees) borrowed £600,000.00 from Barclays Wealth in Jersey on security of the Charles Lane property, and H instructed his solicitor that £245,000.00 of the mortgage advance should be paid to him in reimbursement of this expenditure. The effect of that transaction was that the unsecured liability of H and W as trustees to H became a liability owned by H and W as trustees to Barclays Wealth, but secured on Charles Lane (and in respect of which they had an indemnity against S's trust fund).
38. Charles Lane was let, and according to H's evidence the net rent was credited to a Capital Account belonging to S. It was not used to keep down the interest on or to repay the capital amount of the £245,000 Barclays Wealth mortgage advance which had replaced the original funding ultimately deriving from the Norwich Union advance.
39. In November 2003 (according to S's Affidavit and H's evidence) the money accumulated in the Capital Account was used to buy a property called "Tema House". How the purchase was actually financed and how any borrowing was repaid is not at present known because most unfortunately all of the relevant records were thrown away following a burst pipe incident at No.68. So only sketchy details are available. They derive from some solicitor's correspondence containing instructions from H: but at the hearing H said these were only instructions and were not necessarily carried into effect. But it reliably appears that Tema House was bought for £545,000, funded as to £390,000 (or perhaps £387,500) by a mortgage from Barclays (formerly Woolwich) and £155,000 sourced from the £600,000 advance from Barclays Wealth to which I have referred. A further £16,450 in respect of the costs of purchase came from the same source.
40. It also appears from a letter or report prepared by H's solicitors in about October 2003 that the sum of £174,250 was transferred to S's Capital Account, and that that money also derived from the Barclays Wealth advance. This was not disputed.
41. The starting point as at January 2004 therefore is that H and W had borrowed (jointly or in H's name alone) £245,000 + £390,000 + £155,000 + £16,450 + £174,250 = £980,700 ("the Mortgage Liabilities") to fund the acquisition or retention of property that belonged beneficially to S or to "top up" his Capital Account. It seems to me that before S can claim to be subrogated to Barclays or Barclays Wealth in respect of the discharge of debts in his name he must show that he has himself discharged the Mortgage Liabilities.
42. It is the case of H and S that between the end of 2003 and 29 May 2009 all of this money was repaid by S to H. How and when this repayment was achieved cannot be detailed because, as I have explained, most unfortunately the relevant documents have been destroyed. In the alternative it was said that insofar as records have survived they have all been handed over to the trustee in bankruptcy (and neither H nor S has access to them). S explained in the course of his evidence on oral disclosure that (despite the clear terms of Eleanor King J.'s order) he had not really delved into how all the money borrowed to fund the properties he owned had been repaid. His focus had been post May 2009. It is for S to show that he is no longer liable to indemnify his trustees: if the documents he produces do not demonstrate this, then he must plead a case and prove it by other evidence. Bare evidence of payment (e.g. entries on bank statements) will not avail unless the source of the funds in the account can be demonstrated. H and S say that the ultimate source of the repayments is the accumulated rental income from Charles Lane. But the available documents and the result of oral disclosure suggest that this cannot really be so. Just standing back and looking at the broad picture it is not at all easy to see how S came to repay £980,000 (in respect of the Mortgage Liabilities) and invest £500,000 in No. 68 and lend £425,000 to H after May 2009 when his disclosed net income from Charles Lane for over a decade amounts to just over £50,000, when for a significant part of that time he was a student, and when he obviously indulged himself to the full in the purchase of expensive cars (one apparently costing £175,000). But on disclosure his tax returns may well demonstrate earnings and capital gains sufficient to cover such expenditure.
43. I have mentioned lending by S to H. H and S say that the Barclays Wealth account ceased to be overdrawn in May 2009 and that from and after 29 May 2009 H was a net debtor to S. S says that his lending to H is equal to the sum standing overdrawn on the Barclays Wealth account at the date of the bankruptcy in the sum of £425,000: H says that of this balance about £87,000 represents drawings by S (in connection with car purchases) so that the true sum H owes is £339,000. Whether there is any such balance due from H (and if so, whether there is any outstanding liability upon S to indemnify H in respect of other borrowing) obviously affects the amount for which S may prove in the bankruptcy and so the possibility of any surplus.
44. It is these considerations that have caused me to identify the issues for determination and case manage them in the way directed.
45. Part of the function of an oral disclosure hearing is to identify issues which it is not, for one reason or another, appropriate to pursue in the ancillary relief proceedings. These I now identify.
46. I do not consider it right to direct the joinder of Declan and the formulation of a preliminary issue in relation to the sums due him (notwithstanding that the account he gave in oral disclosure of the origin of H's liability to him differed so markedly from that described in paragraph 8 above). I give no indication that his debt is provable in H's bankruptcy. That is a matter for the Trustees: and on the material produced at the hearing (and the answers given by Declan) they may well have issues to examine before admitting the debt to proof in full. The relationship between Declan and his Group on the one hand and H and RMC1 on the other was plainly not simply that of client and accountant/financial adviser, and having regard to the context of those dealings and to the context of the payment of the sums said to constitute the debt (a possible over-provision for Irish capital gains tax that Declan thought his accountant might as well have) there may be inquiries which the Trustees might want to make. But that does seem to me pre-eminently a matter for them; and that there is no reason to bring debt questions into the Family Division. Family relationships undoubtedly influenced the dealings of H and S. But the oral disclosure hearing was helpful in demonstrating that family relationships did not appear to influence the commercial dealings of H and Declan. It did not strike me as likely (though it may prove to be so on enquiry) that the existing commercial relationships between Declan and H were collusively re-characterised so as to cause the maximum disadvantage to W.
47. Further, I do not consider it right to conduct in the Family Division an inquiry into whether S has collected monies due to RMC1. In March 2011 "Rescue my company" ("RMC2") began to trade: it was funded, staffed, serviced and accommodated by RMC1 and seems to have looked after some of the clients of RMC1. It collected some fees that were due to RMC1: H said, I thought surprisingly, that it made no difference since he was the shareholder and director of both companies. S became a director of RMC2 shortly before RMC1 went into administration. After the commencement of the administration of RMC1 money that appeared to be due to RMC1 or RMC2 was paid directly into S's bank account. £163,000-worth of such potential payments were identified. S said that appearances were deceptive. The money was due to RMC2 (not RMC1). It had been paid to him because by two unrecorded agreements RMC2 had agreed to buy furniture, computers and network routers that former tenants had left at Charles Lane (and which S claimed personally), and that rather than pay for these directly RMC2 had asked some clients to pay S (rather than RMC2). None of this seems to me to have anything to do with what debts are provable in H's estate in bankruptcy (and so whether there is a surplus available for W). It might go to the credit of S: but disclosure going to credit is a wholly exceptional thing to order or pursue. I will leave that matter to the administrators or liquidator of RMC2.
48. Lastly, I see no reason to examine in the Family Division the claims made by H's friends for repayment of loans (which repayment has been made by S in Pakistan). It is for the Trustees to decide whether to admit these to proof, and they can (if so minded) at little cost require S to demonstrate repayment to the relevant creditors in Pakistan: and if that is established, then payment by the relevant creditors to H in the first place. A representative of the Trustees attended the hearing before me: and the Trustees will have formed a view from the oral disclosure process what they may accept at face value and what may warrant further enquiry.
49. As to costs, I will order H and S to be jointly and severally liable for 20% of W's costs since 6 November 2012 of and in connection with the oral disclosure application (those costs to be the subject of a detailed assessment on the standard basis); and that the remaining 80% shall be W's costs in the ancillary relief application.
50. The whole oral disclosure exercise is necessitated by the failure on the part of H to provide adequate financial information. Had there been compliance with the Rules there would have been no need for that process.
51. The Order of Eleanor King J dealt with the costs of the oral disclosure application down to 6 November 2012. Since then much time was spent in evidence and in argument in seeking to prevent the carrying into effect of that Order. In that H and S presented a united front and afforded mutual support. No distinction can be made between them. The attempt failed and the order for costs should reflect failure on that discrete issue.
52. As to the balance, the whole exercise is brought about by the nature of H's evidence in the ancillary relief proceedings (including the evidence contained in his Statement of Affairs in the bankruptcy), and there should be no circumstances in which W has to pay H or S for examining their mutual dealings in the light of their vague evidence and without the aid of the destroyed documents. But it would be wrong to make an order against H and S which does not contemplate the possibility that this whole process results in no surplus in the bankruptcy and no worthwhile order outside the bankruptcy estate (the position which H and S contend is readily apparent even without any examination of their dealings).
53. I do not expect the attendance of legal representatives when this judgment is handed down unless there are any applications to be made or there is any difference of view as to the terms of the order arising from this judgment.
54. Having circulated this judgment in draft and specified a time for comment and editorial correction I received, about an hour before the time set for handing down, an e-mail from S's legal representatives citing ZM and JM [2008] EWCA Civ 1261, raising five substantive issues and asking me not to hand down judgment. I will briefly address these issues.
55. First, timescales. It is submitted that the timescales set for the preparation of the issues I have directed should be tried is too tight and that the requirement to plead a case has somehow been sprung on S. The timescale was set in the light of (a) Eleanor King J's order that in his evidence for the oral disclosure hearing S must exhibit all the documentation and information on which he intended to rely and (b) S's evidence at the oral hearing that he had adduced the best evidence available to him. It now appears that he would wish to introduce additional evidence (including additional bank statements from himself and third parties). Implicit in any case management order is a permission to apply to vary it: and I propose that my order should contain an express provision to that effect.
56. Second, in paragraph 29 above I comment that claimed expenditure on No.68 by S after 2007 was not legally relevant to the constructive trust case advanced. That is because the only claim acknowledged by H and advanced by S is to 50% of No.68 arising from an agreement between H and S that he should invest £500,000 (which it is said he did by the end of 2007). It is now said that S might wish to advance some estoppel claim or unjust enrichment claim (neither foreshadowed in evidence or argument) and that this post-2007 expenditure might be relevant to the establishment of an interest and its quantification. If such a case is to be advanced it would obviously need to be formulated before it could be considered and made the subject of case management directions. Eleanor King J's order was quite clear as to what was required of S. I see no reason to delay handing down judgement on this account.
57. Third, a question is raised as to why S is the Claimant in the Dealings Issue, and it is said that S's case is that his monies were improperly used. I hope my reasoning is clear. The evidence shows that part of the loan advances raised (in respect of which H and W are entitled to be indemnified by their beneficiary S) were applied for S's benefit. S says he actually repaid all money so applied so that the outstanding indebtedness is that of the trustees themselves. The Dealings Issue requires him to lead evidence of when the repayments occurred. There is a separate breach of trust issue (which S has advanced in correspondence in general terms): this relates to the period after 2009. If he wishes to advance a claim for breach of trust he would naturally be the claimant in that issue. I see no reason to revise my view or to delay hand-down on this account.
58. Fourth, S wants to advance his breach of trust claim. So be it. That can be done by commencing proceedings in the Chancery Division to establish liability, or by submitting some claim in the bankruptcy. But S has taken no such steps. My identification of preliminary issues in the ancillary relief proceedings does not inhibit him from taking either course.
59. Fifth, time estimates. S joins with the Trustees in suggesting that the time estimates for the hearings I have set out above may be insufficient. I can well see that the identified issues may together take a total of 4 days. The order should so provide. I was and am concerned that this litigation should not balloon. What is at its heart (and may be lost sight of) is whether modest provision can be made for the basic needs of W and the child of the marriage (S's stepmother and half-brother) who had until the divorce lived in a house worth £1.8 million and enjoyed a high standard of living. Extensive and expensive litigation will absorb funds that could go a long way to making that provision.
60. The hand-down has therefore proceeded.
beneficial interest
oral disclosure
preliminary issue

redpajama_set_name: RedPajamaCommonCrawl


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Tag: Al Neyer
Is an apartment development at Eighth and Sycamore worthy of public financing?
4 Comments on Is an apartment development at Eighth and Sycamore worthy of public financing?
Is an apartment development at Eighth and Sycamore worthy of public financing?.
As was previously teased by Cincinnati Mayor John Cranley (D), there is the possibility of building a residential mid-rise atop the planned parking garage at Eighth and Sycamore Streets. The developer initially engaged, however, is saying that they will need some gap financing from the City to make it happen. Do you think it's worth the public investment? More from the Business Courier:
Rick Kimbler, a partner at NorthPointe Group, which is developing the project along with North American Properties and Al Neyer, said the group is trying to assemble financing for the project.
"We don't have the financing put together, so it's not really a project yet," Kimbler said. "We will definitely need some gap filler from the city. There's no question about that because mid-rise construction downtown is expensive, and the city is straining, trying to be helpful, but their funds are limited."
Tags Al Neyer, Business Courier, Chris Wetterich, Cincinnati, downtown, Eighth Street Design District, John Cranley, North American Properties, NorthPointe Group, Rick Kimbler


text:
Abuse of Power · Activism · Defense · Foreign Policy · Homeland Security · National Security · Scott Gilmore · Smackdowns · World News
Trump Decimated By Former Canadian Diplomat
July 23, 2018 by Samuel Warde No Comments
Trump blasted for his ongoing bromance with Vladimir Putin by a former Canadian diplomat. "In 2013 on his way to Moscow, Trump tweeted the question: '…will [Putin] become my new best friend?' Five years later, the answer is a clear 'yes.'"
American allies are getting sick and tired of Trump and his antics, from his withdrawal from the Trans-Pacific Partnership, the Paris Agreement, and his violation of the Iran Nuclear deal to his recent trade wars and policy of separating migrant children from their parents as a means of deterring immigration.
His latest international blunder – taking Russian President Vladimir Putin's word over that of his own American intelligence services – caught the attention of former Canadian diplomat, Scott Gilmore, who has written extensively for Maclean's Magazine about the Trump regime.
Gilmore has written of Trump's "diplomatic treason," writing: "Trump's foreign policy moves have hurt U.S. influence in return for no benefit. It is beyond bad." He has written several articles dealing with Trump's corruption and how foreign governments are learning that bribery is the best way of negotiating with his regime. Recently, he penned an article calling on Canadians to boycott Trump organization companies and any other companies providing their products or services.
Just last month, he wrote an article making the case for invading America. Although that article was tongue in cheek, it did raise some serious questions regarding America's continued global influence in the Trump era.
Gilmore didn't mince words when he took on Trump's disastrous Helsinki press conference in an article published by Maclean's last Monday.
He began by stating that Trump's behavior "was arguably one of the most stunning and disgraceful moments in the history of the American presidency. Clinton had sex with an intern. Nixon covered up Watergate. Kennedy invaded Cuba. But none of them stood in front of the world and publicly sided with America's greatest rival over his staff, his intelligence agencies, his government and his country."
"There are no analogous moments," he wrote toward the end of his article, adding: "When Prime Minister Neville Chamberlain infamously announced his policy of appeasement, he did not defend Germany's actions nor simultaneously attack his own government. There has been no moment in history where the president has sided with an aggressive rival power over the interests of his own nation."
Continuing, he explained that there is no historic precedent for Trump's behavior, writing that: "America is in uncharted waters. Republican lawmakers are unable to either explain or defend what happened in Helsinki. A former CIA director is calling it treason. News anchors are abandoning any attempt at dispassionate analysis and calling it 'shocking' and 'disgraceful.' Calls for impeachment are everywhere. But the United States has never had to face the possibility that, for reasons unknown, its president has been compromised and is no longer defending America."
Not yet finished, Gilmore published a new article over the weekend explaining that Vladimir Putin is rapidly becoming Trump's final "last best friend."
"Every day Donald Trump has fewer defenders, enablers and advisors. The scandals, the incompetence, the high staff turnover and the growing stench of the Mueller investigation, have thinned the crowd that normally surrounds a president. But one confidant remains steadfast–Russian President Vladimir Putin," Gilmore began, warning that: "as Trump becomes more isolated, this friend is only going to become more influential."
"Trump's list of friends is getting shorter," Gilmore continued.
For a while, Trump had many eager friends—even more than you might expect. Republicans who called him a "cancer" during the primaries, thanked him for his leadership after the inauguration. Generals jockeyed for postings in the White House. Presidents and prime ministers descended on the White House armed with charm and invitations.
But, one by one, these friends have become less visible and less voluble. Charlottesville forced a few to concede in public that the president had gone too far when he equated Nazis to protesters. After several train wreck summits and twitter attacks, western leaders are now much less eager to be seen with the man. As French President Emmanuelle Macron and Canadian Prime Minister Justin Trudeau learned, no amount of charm and bonhomie will protect you from tantrums and tariffs.
Continuing, Gilmore wrote of Trump's long-standing admiration for Putin, writing:
Trump's enthusiasm for Putin goes back a long way. He may be the only person (including his own children) that the president has refused to ever criticize in public. In 2013 on his way to Moscow, Trump tweeted the question: "…will [Putin] become my new best friend?" Five years later, the answer is a clear "yes".
In fact, they are such good friends that they opted to meet in private, without note takers or officials, an intimacy not shared with Trudeau, May or any other leader. We will never know what they talked about but we can safely guess it was very amiable.
Gilmore concluded his article with the following grim prediction:
Putin is now giving Trump something he is finding increasingly hard to find elsewhere: validation and assurance. In Washington the president's intelligence agencies, generals, White House advisors, congressional leaders and even Fox anchors are edging away.
Putin is becoming Trump's last best friend. It is no wonder Trump has already invited him to Washington…. And, it is probable that the president's trust in Putin will only go up as the number of allies around him goes down.
What will this mean for a president who is already badly detached from traditional American foreign policy? Trump's positions will become even more radical. As Trump's last best friend pulls him toward the Russian worldview, American criticism, especially from Republican ranks, will only push him farther into Putin's reassuring embrace. In other words, it's going to get much worse before it gets better.


text:
Az Eötvös Loránd Fizikai Társulat Bródy Imre-díjat adományoz annak a tagnak, aki a fizika alkalmazásának területén kimagasló eredményt ért el. A díj névadója Bródy Imre (1891–1944) magyar fizikus, kémikus, feltaláló, a modern kriptongázas villanylámpa kifejlesztője.

A díjazottak
1950 Nagy Elemér
1951 Bodó Zalán
1952 Gergely György, Pauncz Rezső
1953 Medveczky László, Szimán Oszkár
1954 Pál Lénárd
1955 Náray Zsolt
1956 Nagy Kázmér
1957 Csikai Gyula
1958 Erő János, Keszthelyi Lajos
1959 Jeszenszky Béla
1960 Nagy László
1961 Jeges Károly
1962 Károlyházy Frigyes, Zimányi József
1963 Koltay Ede, Somogyi Antal
1964 Fényes Tibor, Szilágyi Miklós
1965 Bartha László
1966 Kovács István, Máthé György
1967 Bitó János, Zsoldos Lehel
1968 Gyarmati Borbála, Sólyom Jenő
1969 Beleznay Ferenc
1970 Demeter Károly
1971 Perjés Zoltán
1972 Bujdosó Ernő
1973 Kondor Imre
1974 Menyhárd Nóra
1975 Gaál István
1976 Fazekas Patrik
1977 Berecz István
1978 Biczó Géza
1979 Bacsó József, Geszti Tamás
1980 -
1981 -
1982 Balogh Kadosa
1983 Paitz József
1984 Vágó György
1985 Szendrő István
1986 Cseh József
1987 Porubszky Tamás
1988 Bohátka Sándor
1989 Cziráki Ágnes
1990 -
1991 Pászti Ferenc
1992 Mahunka Imre
1993 Menyhárd Miklós
1994 -
1995 -
1996 Manuaba Asrama
1997 Langer Gábor
1998 Hárs György
1999 -
2000 -
2001 -
2002 -
2003 Derényi Imre
2004 -
2005 -
2006 -
2007 -
2008 Rajta István
2009 Palla Gergely
2010 -
2011 -
2012 -
2013 -
2014 -
2015 -
2016 -

Források

További információk
A díjazottak névsora az Eötvös Loránd Fizikai Társulat honlapján

Magyar fizikai díjak

redpajama_set_name: RedPajamaWikipedia


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After completion of the National Textile Corporation Limited (NTCL) written test, all the aspirants are waiting for their results to know their performance in the written exam. It is very important for every applicant to check their Result after completion of the written exam. So to help the aspirants on this page we have provided the NTCL Clerical Staff Result 2018 link. But you cant access the result link now because officials of the National Textile Corporation Limited (NTCL) are not yet released the results. But keep in touch with us sarkarirecruitment.com and we will activate the NTCL Clerical Staff Result 2018 link as soon officials released on its web page. If you face any problem with the links on this page feel free to comment on the comment section.
By knowing the NTCL Clerical Staff Result 2018 all the aspirants can estimate their performance level in the NTCL Clerical Staff and Security Supervisor Written Examination. So applicants who are interested to check their NTCL Clerical Staff Result 2018 they must visit the official website of National Textile Corporation Limited (NTCL). Once before going to check your NTCL Clerical Staff Result 2018 please read this article to get important information. At the time of checking the results, you have to enter your roll number and applicant name. Without having this information you cant access the NTCL Clerical Staff Result 2018. Based on the candidate's performance in the selection rounds the organization will release the Merit List 2018. So we suggest the candidates read this entire page and collect the detailed information about NTCL Clerical Staff Result 2018, Cut Off Marks, and Merit List. Hope the provided information on this page is very useful for the exam takes who are waiting for their NTCL Clerical Staff Result 2018.
After completion of the written exam, the National Textile Corporation Limited (NTCL) officials will release the Cut Off Marks 2018 for the exam. These Cut off marks are the minimum marks candidates must gain in the written exam. The Recruitment board of the NTCL will fix the minimum cut off marks. While shortlisting the capable candidates from all applied aspirants, the officials will follow the Cut Off Marks as per rules of the National Textile Corporation Limited (NTCL). So keep in touch with us to get more information about the NTCL Clerical Staff Result 2018.
The NTCL Clerical Staff Merit List 2018 consist of the all selected candidate names and roll numbers. And the National Textile Corporation Limited (NTCL) Merit List 2018 will be prepared by the officials based on the cut off marks. If you are able to view your name in the merit list then you are eligible to appear for the next round of selection procedure. For more information about the NTCL Clerical Staff Result 2018, you must visit our website sarkarirecruitment.com regularly.
On home page search for the NTCL Clerical Staff Result 2018 result link.
The NTCL Clerical Staff Results 2018 will be displayed on the screen.


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Q: Deselecting select option in Select2 jquery plugin I am using the select2 jquery plugin for select dropdown feature in web site.
Every select box in not required to be selected for the form submission .
I want user to be able to deselect the selected option if he wants to. Is there any way I can achieve this using Select2 Plugin. Any Help would be appreciated. Thank You.

A: You can put a blank option(option tag with blank value) in the select box for where you want the user to be able to deselect the value. In not sure what this has to do with select2.
If this doesn't solve you problem then let me know what options are you using to initialize select2 plugin or maybe elaborate more on the question.

redpajama_set_name: RedPajamaStackExchange


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Q: how to dom table in simple html dom in php? hi i have this html code and i want to get the 76.000.000.000 data on that.
i search the div#TopBox but it shows nothing.(means no children found on it)
html code:

               Total

76 B

my code :
$html = str_get_html($curl);
$div = $html->find("div#TopBox");

A: I don't know what's a problem with 'str_get_html' function, it seems the method from WP, but you can get this data using RegExp:
preg_match('/title="([\d,]+)"/', $html, $matches);
var_dump($matches[1]);

A: You can find the div inside div#TopBox and get its attribute title:
$html = str_get_html($curl);
$total = $html->getElementById("TopBox")->find('div.inline')[0]->getAttribute('title');
echo $total; // 76,000,000,000

Note that you might test the length of array before accessing elements ([0]).

A: this code work on local html
$html = file_get_html("file.txt");
$total = $html->getElementById("TopBox")->find('div.inline')[0]->getAttribute('title');
echo $total; // 76,000,000,000

but when i use it to fetch data online it doesn't work why?


text:
Ettore Chimeri
nationality: Venezuelan
date of birth: 4 June 1921 (99)
wins: 0 (0%)
podiums: 0 (0%)
pole positions: 0 (0%)
championships: 0 (0%)
best result: 0 (1960 Argentine Grand Prix)
best grid position: 21st (1960 Argentine Grand Prix)
starts: 1
points: 0 (0 points per race avg)
retirements: 1 (100%)
first event: 1960 Argentine Grand Prix
last event: 1960 Argentine Grand Prix
about Ettore Chimeri
Ettore Muro Chimeri (4 June 1921 - 27 February 1960) was a racing driver from Venezuela. He was born in Lodi, near Milan, Italy, but his family later settled in Venezuela.
He became a popular gentleman racing driver and competed with success in many local races in Venezuela. He raced in the Venezuelan Grand Prix held in Los Proceres, Caracas. His success and skill in car racing, gave him the enthusiasm for keep going forward, and he started an international professional promotion, racing sport cars and one-seater cars.
He participated in one Formula One World Championship Grand Prix, the 1960 Argentine Grand Prix on 7 February 1960, in his Maserati 250F (a car he owned, previously raced by Juan Manuel Fangio and Francisco Godia, prepared in Venezuela and sold to an Italian buyer sometime after his death) failing to finish the race having experienced electrical problems. He scored no championship points, but he wished to keep going in the Formula One calendar that year.
Two weeks later, while practicing for the Gran Premio Libertad sports car race at the Camp Freedom military airfield on the edge of Havana, his Ferrari 250TR crashed through barriers and plunged 150 feet into a ravine. Chimeri was flown to hospital, where he died later that day.
Chimeri was the first Venezuelan driver entered into a Formula One Grand Prix, and the local interest in him and his sporting career has kept his memory alive. In 2004 some local motorwriters gave him enough votes to take a place in the "Salón de la Fama del Automovilismo Venezolano" organized by the local motor press writers organization FUNDAUTO.
finishing positions
grid positions
pole positions
teams & teammates
1960 Nasif Estéfano
Giorgio Scarlatti
Gino Munaron
Antonio Creus
Horace Gould
Maserati compare 1960


On May 9th, Basuki "Ahok" Tjahaja Purnama, the Christian governor of Jakarta, was removed from office and sentenced to two years in prison by an Indonesian court, engulfing Indonesia in political turmoil. His crime: an alleged violation of blasphemy laws in Sept. of last year when Ahok "misinterpreted" Sura 5:51 of the Quran during his campaign for reelection.
Sura 5:51 forbids Muslims to align themselves with Christians and Jews, for "anyone who takes them as an ally becomes one of them," and "God does not guide such wrongdoers." Hard-line Islamic groups interpreted this to mean that Muslims could not vote for Ahok in the election. In response, Ahok dismissed Islamist interpretations of the verse and proclaimed it was permissible for Muslims to vote for him.
The verdict condemning Ahok was devastating for his supporters and is a threat to Christians in Indonesia. Meanwhile, conservative Muslims supported the decision, feeling that Ahok's comment was deserving of such punishment.
The ruling against Ahok has led to conflict within Indonesia between the nation's policy of Pancasila (unity in diversity) and the role blasphemy laws play in disrupting that unity. Ahok's trial and sentence indicates that Indonesia - once a shining example of a moderate, Muslim-majority nation - may be in danger of losing the qualities that distinguish it from the rest of the Islamic world as a model of democracy and pluralism.
Pancasila has allowed the largest Muslim-majority nation to thrive while modeling tolerance and democratic values in the Muslim world. However, Governor Ahok's imprisonment suggests that Pancasila may be losing ground to Islamizing forces.
At the heart of this turmoil is the nature of the Quran and how it is rightly to be interpreted by the Muslim community. The key to understanding this is in the created/uncreated distinction: whether the text is formed by humans or is a direct revelation from God.
Christians believe the Bible to be a created work. Human authors wrote and compiled dozens of books over thousands of years in various historical contexts to assemble it. Scripture is "breathed out" (2 Timothy 3:16) by God and recorded by its authors who are guided by the "Spirit of truth" (John 16:13), while still retaining their own thoughts and experiences.
Most Muslims, on the other hand, believe the Quran to be uncreated because it has no human author. Muslims believe the Prophet Muhammad was completely seized by Allah and commanded to "read" the divine revelation spoken from his lips (Sura 96:1). In this view, there is no human element involved in the Quran, and so anything in its pages is treated as coming directly from God. Whereas the Bible is written in the third person, in the Quran Allah speaks directly to the believer in the first person.
This uncreated nature of the Quran lends itself to two different responses unseen in a Christian context.
First, reader participation in Quranic exegesis is limited to recreating the author's intent for a passage (in this case Allah's intent).
Allah exists outside of creation itself, and is therefore capable of fixing universal meaning to a text because of His omnipotence and control over the world. When traditionalist Muslims read the Quran, they believe that when Allah spoke through Muhammad, He spoke for all eternity.
Meanwhile, Christian exegesis of the Bible demands that the reader play a role in working with the text to discern meaning for a particular passage, given the author's situation within history.
For example, a passage in 1 Corinthians cannot have a fixed meaning for a modern reader because the human author, the Apostle Paul, could not have predicted any scenario thousands of years in advance. Christians indeed believe Scripture speaks to daily life, but the reader is expected to seek applications in light of a particular situation.
Second, because the Quran is understood as direct revelation, misinterpreting or insulting the Quran is a therefore a direct insult to Allah. In the Quran, Allah directly communicates with the reader in the immediate present, and so to twist His words is particularly distressing to Muslims.
Indonesia's blasphemy laws have been in place since 1965 as a means of discouraging faulty interpretations of the Quran other sacred texts of Indonesia's many religions.
Ali says such an interpretation usually reflects lack of knowledge of the Quran and the various authoritative sources of Islam, including the hadith (sayings of the Prophet deemed authoritative), fatwas issued by the Ulama (rulings on Islamic Law), various tafsir (interpretations of the Quran).
An example he provided was the sect of Islam called the Ahmadiyya, which proclaims that there is a prophet after Muhammad who will come - someone Ali suspects would be a charismatic opportunist just pretending to be next prophet. If someone makes such a claim in public, then an Ulama (body of Islamic scholars) can issue a formal complaint to the government, which will oversee his arrest, trial, and sentence.
This raises the question of what an authoritative interpretation of Quran is and who may make one. Ali says the scholars of the Ulama have the most knowledge regarding the Quran and other sources, and the fatwas they issue are the most authoritative regarding proper interpretation.
Ali belongs to the Nahdlatul Ulama, the largest moderate Muslim organization in Indonesia, which many of the Pesantren students and faculty also trust to guide them. There are many different Ulamas issuing different tafsir of the Quran, and the faculty and students of Pesantren choose to follow the Nahdlatul Ulama, while respectfully disagreeing with the others.
In Ali's eyes, not even he as an accomplished teacher feels comfortable interpreting the Quran by himself because he lacks the experience greater scholars have, and the risk of leading others astray - and committing blasphemy - is too great.
One of the most respected scholars of the Quran in the city of Jombang, Mr. Hakim, described to a group of international visitors his methods for arriving at "the way" of Islam. Hakim explained that, since individual interpretations often contain errors, scholars come together to check each other and arrive at a more complete interpretation of the Quran. Disparate views are recognized and tolerated in accordance with Pancasila, but some views require a response.
According to Mr. Hakim, private truth claims, left unchecked, can lead to radicalism, or at the very least can lead people off the right path. Therefore it is better to leave the interpreting to him and others of similar standing, and to discourage independent interpretation without this deeper knowledge. Because of these checks on individual interpretations, Mr. Hakim claims that the Ulama has not made a mistake to this very day.
Traditional Muslims consider Ahok's interpretation of Sura 5:51 to be a misinterpretation worthy of condemnation and censure. Two things went wrong in Ahok's case.
First, Ahok is not Muslim, and so does not know enough about Islam to freely interpret the Quran. Second, he made his personal, interpretive remarks in public.
Misinterpreting the Quran in this case was seen as a great insult, according to Ali, because it contested the divinity of the passage by proclaiming it could be ignored. While anyone is allowed to have an opinion, the danger lies in the unchecked truth claim, declared in public, that could lead people astray.
This case demonstrates the limits of the tolerance enshrined in Pancasila.
For example, in private, anyone could tell Ali that he does not believe certain aspects of the Quran, and so long as the unbeliever is cordial this would be acceptable.
If that person then went onto the streets of Jombang with a sign that said "The Quran is a lie," the Ulama and the judicial system would step in. Privacy and good manners matter a great deal in questions of blasphemy, and Ahok paid a steep price for violating those norms.
A Christian politician in Indonesia might be expected to be shrewd enough not to tell Muslims what their holy book says. Nevertheless, the trial and sentencing of Ahok stand opposed to Indonesia's stated values of tolerance and strength in diversity.
Ahok did not claim to be a prophet. He offered an opinion that likely would have been allowed in private conversation.
Ahok's mistake has become a teachable moment, but this trial and sentencing only demonstrates how hollow Pancasila has become by showing that tolerance of different theological opinions applies only to private conversation and whether the Ulama agrees with them.
These blasphemy laws were made to guide people toward the right path of Islam, but have now been used as a weapon by conservative Muslims to punish political opponents.
If Indonesia is going to be the moderate Islamic nation it claims to be, it must develop a broader understanding of tolerance. Ideas placed in public sphere should be allowed to be discussed and worked on by the community.
Only in doing so can Indonesia maintain its unique position in the Islamic world and continue to be an example of a Muslim-majority nation guided by democratic values.
Nicholas Gulley is a recent graduate of The King's College in Manhattan. He spent the month of May 2017 in Jombang, Indonesia, on a venture sponsored by The Media Project.
Photo of Ahok at awards ceremony in 2016 by Miya Sumandli, posted to Wikipedia under Creative Commons license.


Juve-Milan, general tickets on sale!
From 10am, 27 March, general tickets will be on sale for all fans.
The Allianz Stadium will reopen its doors in what is expected to be a great match scheduled for 6 April, kick-off at 18:00, against Milan.
Priority tickets for Juventus Members have officially termined, and from 10am, 27 March, general tickets have officially begun.
For more information, like always, you can consult our ticketing section.


Well hello to you my reader chums! Last weekend was pretty jam packed, I went to see the Swan Lake ballet (it was absolutely incredible), celebrated Mothers Day with a delicious meal out to Carluccios and got the chance of visiting the exclusive Cadbury's Crème Egg Café in London! This ultra unique café, is open for limited time only where all proceeds go to charity. The tickets sold out quite quickly, so I was lucky to grab a pair of them. Maria (my twin and I) went together and were really excited to try out the delicious treats!
As we were ticket holders, upon arrival they took us upstairs to the eating area and gave the option of picking one thing off the menu. I opted for the tray bake and Maria chose the toastie; both were scrummy indeed. The seating zone was smaller than expected, yet rather cosy. It was decorated with Crème egg themed everything in an inventive way from sculptures to the colour scheme; I loved it!
After eating, we were brought up to the ball pit (as you can imagine we got very excited!) It was quite big given the size of the place and contained a few interactive games. Maria and I had such a laugh and felt like kids again, throwing plastic balls all the place.
Maria and I having a blast!
When I first walked into the café, one of the things I was intrigued by was the design. From the creative egg art up the stairs to the 'press for a cream egg' button and various ornaments made out of the wrappers, it all captured the true essence of Cadburys!
After our Cadbury Café experience, we decided to make the most of London and headed over to Covent Garden. I love it there, with a range of fab shops, restaurants, the sweetest market and picture worthy scenery, you can't beat it. We had a browse around all the makeup shops ( I finally went into a Charlotte Tilbuty store) and picked up a few bits in Kiko! Then, we trekked over to M&M as we've both never actually been! It was a pretty crazy place with an even crazier amount of M&Ms!
Visiting the Crème Café was a one off treat and I'm happy to have experienced such an exclusivity! If you're as obsessed with chocolate as much as me then you'd love it. They do a take away service as well which you queue up for and I believe tickets are needed to be seated upstairs. The café is found on Greek Street nearby Leicester Square in London.
I hope you enjoyed this day out style post. What's your favourite London spot?
AHHH no way, you went to a Cadbury cafe! This is something I must do, can't believe there's one in London. I'll be there on my next trip! The person who designed it must have been very creative, I love the vibe of it.
WHHHHAAAAT? I need to go there, going to London in September will have to make sure I pop in there.
SINCE WHEN WAS THIS A PLACE!? THIS IS AMAZING TAKE ME! This looks so good, I'm jealous of you right now!


text:
Home » News » STELLANTIS: a new carmaker group formed from the merger of FCA and Groupe PSA
STELLANTIS: a new carmaker group formed from the merger of FCA and Groupe PSA
by Daryna | posted in: News | 0
Written by Daryna Logvinova
The transnational corporation STELLANTIS is a new group formed from the merger of two car companies, the PSA Group and Fiat Chrysler Automobiles (FCA). The companies formally teamed up to create Stellantis, bringing together 14 automotive brands worldwide, including Chrysler, Fiat, Jeep, Ram, Peugeot, and Citroën.
Groupe PSA is the second largest car manufacturer in Europe
STELLANTIS comes from the Latin verb "stello", which means "to shine with the stars." FCA and PSA Group completed the merger, which was announced in 2020. As a result, Stellantis has become the fourth-largest automaker in the world in terms of sales.
The merger will allow the two companies to reduce research and development costs, especially as the companies move towards automotive electrification.
The process of determining a new name began shortly after the Unification Agreement was announced. The senior management of both companies was actively involved with the support of the Publicis Group.
The name STELLANTIS
The name STELLANTIS will be used exclusively as a corporate brand. The next step in this process will be the opening of the logo, which together with the name will become the corporate identity of the brand. Brand names and logos will remain unchanged.
Stellantis will be headquartered in Amsterdam with operations centers in France, Italy, and the United States. Stellantis CEO Carlos Tavares – former PSA CEO – said at a press conference that the merger will allow the two companies to join forces to create "high-performance" siblings.
The focus of the new company is on electrification and the number of electrified vehicles in its lineup. Stellantis currently has 29 electrified vehicles on the market, including both all-electric and hybrid vehicles, and will offer 39 by the end of 2021.
The goal is that by 2025, Stellantis will create "one electrified model for each new global model." The company announced this at a press conference.
FCA and Groupe PSA, STELLANTIS, the merger of FCA and Groupe PSA, Transnational corporation STELLANTIS
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Daryna
Darina Logvinova is an expert on travel and automotive journalism. She enthusiastically shares her experiences through her journalistic work, writing about international travel, cars, performing arts, and news in general. Darina's work can be found in several international publications. Hello! I'm Darina Logvinova. My life is full of interesting events. And I want to share this with you. My passion is to travel. Perhaps there is nothing more surprising and impressive than discovering new countries, new cultures, cities, uniquely beautiful places. Travel is life. This is what always gives strength, energy, and desire to go forward. It's so hard to wake up early for work, but it's so easy - to the airport or to the train =) I am also a fan of psychology. I believe that it is impossible to have a harmonious relationship with yourself and with the people around you, without understanding anything about our inner world. Many world-famous authors set out their thoughts in books, they are very smart and talented people who share their knowledge and experience. There is nothing easier than buying a book and learning something new from the geniuses of psychology. Our feelings and emotions are very multifaceted. We all perceive the world in different ways and we need to be able to respect and understand this. Everything that we wish will certainly come true, you need to be able to dream about it correctly. The universe does not limit anyone. It is full of supplies for each of us. Psychology is a very important science for humanity. The more the world develops, the more people understand this. The more we are tolerant to ourselves and to all people, the more good there will be in our lives and in the whole world. Development is the driving force behind humanity. We simply cannot afford to stand still, otherwise, our life loses all meaning. Every day, discovering something new for ourselves, we move forward towards our goals.
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