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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Abacha & Ors v Secretary Of State For Home Department [2001] EWHC Admin 787 (18th October, 2001)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2001/787.html
Cite as: [2001] EWHC Admin 787
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Royal Courts of Justice
London, WC2A 2LL
B e f o r e :
- and -
- and -
Interested Party
Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
(instructed by Messrs Dechert for the Claimant)
Mr. Edmund Lawson QC and Mr Khawar Qureshi
(instructed by The Treasury Solicitor for the Respondent)
Mr. Philip Heslop QC, Mr David Perry and Mr Robert Miles
(instructed by Messrs Kingsley Napley for the Interested Party)
Crown Copyright ©
This is the judgment of the court to which both of us have contributed.
In the five years before he died in 1998 General Abacha was the military ruler of Nigeria. It is alleged that during his rule he stole more than US$4b. of the State's money from which his family, including his son who is the first Claimant in these proceedings and his friends who included the second Claimant, benefited. The present government of Nigeria (FGN) who have been in power since 1999 have sought to trace and recover the looted assets and prosecute those involved. Much of the money was taken in cash. The Claimants have admitted receiving US$750m. in cash, which was paid into Nigerian bank accounts and then laundered through European bank accounts controlled by them. They have paid this money back and contend that they were holding it for "State and security purposes". The FGN alleges that it was received dishonestly and that the Claimants were fraudulently involved in two other large transactions involving State money. They face criminal charges in respect of their receipt of the cash in Nigeria and in respect of the other two transactions in Switzerland. This court is concerned with requests for assistance in obtaining evidence in connection with those criminal proceedings made by the FGN and the Swiss authorities and by the FGN in connection with their criminal investigation of the other two transactions. The Secretary of State is empowered to give such assistance by section 4 of the Criminal Justice (International Co-operation) Act 1990, sub-section 2A of which says
…….. If the Secretary of State is satisfied –
(a) that an offence under the law of the country or territory in question has been committed, or that there are reasonable grounds for suspecting that such an offence has been committed; and
(b) that proceedings in respect of that offence have been instituted in that country or territory or that an investigation into that offence is being carried on there,
and it appears to him that the request relates to an offence involving serious or complex fraud, he may, if he thinks fit, refer the request …….. to the Director of the Serious Fraud Office for him to obtain such of the evidence to which the request …….. relates as it may appear to the Director to be appropriate for giving effect to the request ……..
As can be seen two formal requirements have to be met before assistance can be provided but, if they are, the Secretary of State still has a discretion as to whether he will do so. In practice this discretion will be exercised both at the stage when the Secretary of State decides whether or not to accede to the request and at the stage when he decides to transmit the evidence which has been gathered in accordance with the request.
The two applications for judicial review before the court challenge the Secretary of State's decision contained in a letter of 18 December 2000 to transmit the evidence gathered under the Swiss request and his decision contained in a letter of 8 May 2001 to accede to the FGN request. In the case of the Swiss request the Claimants' contention is that the Secretary of State should only have agreed to transmit the evidence on undertakings which ensured that it could not be used by the FGN who are a civil party to the Swiss criminal proceedings. In the case of the FGN request the contentions are that there was procedural unfairness because the Secretary of State refused to disclose the request or the FGN's replies to the Claimants' representations and that the first of the two statutory conditions was not satisfied and/or that in his discretion he should not have acceded to the request. The FGN has appeared as an interested party on the application relating to its request.
The FGN Request.
There is a co-operation treaty between the FGN and the UK concerning the investigation and prosecution of crime. It prescribes how requests for assistance are to be made and executed and the grounds upon which they may be refused. Article 9 says that the parties :
shall to the extent requested use their best efforts to keep confidential a request and its contents.
The requesting party is not to use the information obtained for purposes other than those stated in the request without the consent of the requested party. There are similar provisions in the scheme for mutual assistance in criminal matters agreed by members of the Commonwealth (the Harare Scheme).
The FGN request was made on 23 June 2000. They have made similar requests to Switzerland (where they also made a criminal complaint), Luxembourg and Liechtenstein. Each of these requests seeks evidence about the cash (referred to as the "security votes affair") and the other two transactions to which we have referred.
The first of these other transactions has been called "Ajaokuta". Put shortly, a company of which the Claimants were the beneficial owners bought a number of bills of exchange which had been guaranteed by the Central Bank of Nigeria which were then bought back by the Ministry of Finance on the instructions of General Abacha, leaving the Claimants' company with a profit of about DM500m. The allegation, which is denied, is that this was a corrupt transaction. A third party claimed an interest in the bills and the FGN claimed the profit in proceedings in the English commercial court. A preliminary issue as to whether these claims had been settled was tried by Rix LJ over six months. He upheld the FGN's contention that the Claimants had agreed to settle their claim for DM300m. In the course of his judgment Rix LJ made findings about the credibility of the Claimants, both of whom he found to be unreliable and dishonest (the first Claimant gave evidence by video link from the prison in Nigeria where he is being held awaiting trial for murder) and the former Attorney General of Nigeria whose evidence he felt unable to rely on.
The second transaction has been called "Vaccines". Here, an English company beneficially owned by the Claimant sold vaccines to the Nigerian family support programme, of which General Abacha's wife was the President, at an alleged profit of US$80m. Again, the allegation, which is denied, is that this was a corrupt transaction.
The Claimants learnt of the FGN's request to the UK through the press. Their solicitors asked for a copy of the request but this was refused by the Secretary of State because the FGN would not consent. Nevertheless within four days the solicitors submitted detailed representations as to why the Secretary of State should not accede to the request. Among the many points taken was that by a 1999 decree (Decree 53) the FGN had made it clear that no criminal proceedings would be brought in respect of any of the matters with which we are concerned. The nine page letter was followed by three files of documents. This material was referred to the FGN for its response, but, as the Claimants contended that most of the matters they had raised would be resolved by Rix LJ's judgment, the FGN's response was deferred until after a draft of this judgment was released at the end of February 2001. The substance of the response was conveyed to the Claimants' solicitors by the Treasury Solicitor on 17 April 2001. After unsuccessfully trying to obtain the FGN's actual response, the Claimants' solicitors made detailed representations in an eighteen page letter accompanied by a further three files of documents.
The Secretary of State's letter of 8 May 2001, which is the subject of these proceedings, followed. The six page letter states that the Secretary of State was satisfied that the Section 4 statutory conditions, to which we have referred, were met and that there was no reason why he should not exercise his discretion to accede to the FGN's request. The Claimants were told of their right to make representations before the Secretary of State decided whether to transmit the material obtained by the SFO. The letter then went on to deal in detail with the principal contentions made in the representations and further representations.
A number of things have happened since the decision letter which have been relied on in the parties' submissions to us, so we should refer to them.
Firstly, there has been a good deal of legal activity in Switzerland directed to restricting the use which the FGN can make of the evidence gathered in the Swiss investigation. It is not necessary to refer in detail to what has happened other than where relevant to the challenge to the Swiss request. But, in summary, the Claimants contend that the FGN have misused the Swiss evidence in their requests for assistance to other European countries and that by maintaining their request to the UK, relying on some of this material, they are in breach of an order of the Swiss Court of Appeal made on 4 July 2001. This is denied by the Secretary of State who say that all the Claimants complaints of abuse of process have so far been rejected by the Swiss courts.
There has also been legal activity in Nigeria. In July 2000 the second Claimant asked the Federal High Court to restrain the FGN from pursuing criminal and other proceedings against him. No such order was made, but some sort of stay (the effect of which is in dispute) was granted, which has now lapsed. In March 2001 the Claimants applied for a declaration that Decree 53 precluded criminal proceedings against them. The Nigerian Court of Appeal is due to hear this application next month. In the meantime however, the second Claimant started proceedings in Lagos asking for declarations that the various letters of request were unconstitutional and of no effect and an injunction to restrain the FGN from proceeding with them. At a hearing on 12 September 2001, at which the government was not represented, a High Court Judge made an order that the "status quo ante bellum" be maintained until hearing of the motion for the interlocutory injunction. The Claimants say that this order prevents the FGN from maintaining their request; the Secretary of State and the FGN say it does not.
Section 4 (4) of the 1990 Act says that :
For the purpose of satisfying himself as to the matters mentioned in sub-section 2A (a) and (b) above the Secretary of State …….. shall regard as conclusive a certificate issued by such authority in the country or territory in question as appears to him to be appropriate.
On 13 September 2001 the Attorney General and Minister of Justice of the FGN issued a certificate relating to the charges which the Claimants face in Nigeria (Section 4 (2A) (b), about which there is no longer any issue) and in relation to Section 4 (2A) (a) stated:
that the Ajaokuta steel project matter and the vaccines matter (as described in the letter of request dated 23 June 2000) are the subject of criminal investigations in Nigeria and disclose the commission of criminal offences in Nigeria or reasonable grounds for suspecting that such offences have been committed in Nigeria ……..
Finally, on 17 September 2001 the Claimants' solicitors were provided with a redacted version of the FGN request without prejudice to the Secretary of State's contention that there was no obligation to provide this document
Procedural Unfairness.
Miss Montgomery, QC for the Claimants conceded in the light of the treaty and the Harare Scheme that there can be no general obligation to disclose the existence or contents of letters of request to the parties who are the target of such a request. The reasons for this are obvious : the investigative or prosecution process might be prejudiced by, for example, evidence and/or the proceeds of crime being destroyed or hidden or suspects absconding. But, Miss Montgomery submits, on the facts of this case fairness demanded disclosure. There was no confidentiality in the request because its existence was reported in the press. The Claimants had already seen similar requests made to other European countries. No reason has been advanced why they should not see the request made to the U.K. The background to the whole affair is complex and goes back a number of years. It was possible therefore that the request contained manifest errors which could easily be corrected. The request was to be dealt with by the SFO so was not to be dealt with by the courts to which the Secretary of State refers requests which do not involve serious fraud (see Section 4(2)). Having agreed to consider representations the Secretary of State had assumed an obligation of procedural fairness. In a number of instances the Secretary of State merely said that the FGN had denied the allegations made by the Claimants in their representations. Fairness demanded that they should have been able to see the actual response.
Miss Montgomery supported her submissions by reference to Article 8 of the ECHR. Article 8, she says, is engaged because the implementation of the request would be an interference with the Claimants' private (which she says includes business) life and correspondence. Although Article 8 contains no explicit procedural requirements the ECtHR has said that the decision making process involved in measures of interference must be fair such as to afford due respect to the interests safeguarded by Article 8 (see TP and KM –v- UK at para.72 – application no : 289435/95).
Miss Montgomery also relied on a number of English and Privy Council cases to illustrate what fairness demands in other situations. The only case which deals with the present situation is the decision of this court on costs in Zadari (unreported 11/3/98) where Lord Bingham C.J. said that he was by no means satisfied that if the application for judicial review (based on the Secretary of State's refusal to provide the request) had been fully argued it would have led to a decision in favour of the applicant. Shortly before the hearing the applicant had been provided with the substance of the request. In the course of his judgment Lord Bingham said :
The 1990 Act provides for co-operation between different states in investigating and prosecuting serious international crime. Some of the suspects who are likely to be the subject of investigation and prosecution will be powerful, rich ruthless, sophisticated criminals …….. It is…….. quite plain that the process envisaged by section 4 is not a trial; it is the process of gathering evidence. The use to be made of the evidence so gathered is a matter for the requesting state. If the evidence taken in an English court is to be used as primary evidence in the requesting state, then one would ordinarily expect, if the requesting state's legal system is at all analogous to our own, that the requesting state would recognise the need for the suspect to have a full and fair opportunity to contest the evidence either here or in its own court. If the evidence taken in England was not to be used in evidence in the requesting state then the need for a full and fair opportunity to contest that evidence in this country would be much less and might not exist at all. It seems to me entirely appropriate for the United Kingdom, requested to act by a foreign state, to pay regard to the wishes of that state when responding to a request by someone in the position of the applicant for details of the case against him.
In the light of the way in which Miss Montgomery put her case, we only have to decide whether there was procedural unfairness in this case. For this purpose we are prepared to assume without deciding that implementation of the FGN request will or may involve some interference with the Claimants' Article 8 rights bearing in mind that such interference may be justified if it is in accordance with law and necessary for the prevention of crime or the protection of rights and freedoms of others. We bear in mind also two general points. First, as Lord Bingham said, the section 4 process is not a trial. It leads only to the transmission of evidence to the requesting State where, if it is to be used, one can assume that the criminal defendant will have the opportunity of answering it. Secondly, such requests are made by friendly, foreign countries with whom we have treaty or similar obligations of mutual co-operation. The expectation must therefore be that we will comply with the request unless there are compelling reasons for not doing so and that we will do so as quickly as possible. Any requirement for procedural fairness must be fashioned with those considerations firmly in mind.
Looking at what happened in this case we have no hesitation in rejecting the complaint of unfairness. The history to which we have referred shows that the Claimants had an ample (some might say more than ample) opportunity to make representations to the Secretary of State as to why he should not accede to the FGN request. Those representations were obviously carefully considered by the Secretary of State in the light of the FGN's response to them before he came to his decision. One can infer that the request did contain confidential information from its redacted form, so there was a good reason for not disclosing it to the Claimants. More importantly however, the Claimants knew which transactions the Nigerian authorities were investigating and were able to make a prompt response to put their case. It does not seem to us that they suffered any real prejudice by not seeing the request or by not seeing the FGN's actual responses to their representations, the substance of which they were given by the Treasury Solicitor. The exercise which the Secretary of State has to perform should be simple. He is not required to conduct a criminal trial on paper or to decide disputed questions of foreign law before making his decision. Here the process which led to his decision was, in our judgment, entirely fair.
The Merits of the Decision.
Miss Montgomery submits that as Article 8 is engaged the court must subject the decision to a greater intensity of review than the traditional Wednesbury approach. She relies on the already well-known speech of Lord Steyn in R (Daly) -v- The Home Secretary [2001] 2WLR 1622, 1634 – 1636. We will follow this approach, bearing in mind, as Lord Steyn observed, that "context is everything". We have already referred to the context.
Miss Montgomery submitted that in relation to the Ajaokuta and Vaccines transactions the Secretary of State should not have been satisfied that offences had been committed or that there were reasonable grounds for suspecting that they had. As to the security votes affair, she conceded that the statutory conditions were met but said that in his discretion the Secretary of State should have refused to accede to the request because any prosecution of the Defendants would be an abuse of process. She also relied on the FGN's conduct generally in support of the discretion argument.
Dealing first with the security votes affair Miss Montgomery accepted that Decree 53 did not prohibit the prosecution of the Claimants so we no longer need to consider the arguments based on that measure. However, she relied on a chronology in which she listed statements made by various representatives of the FGN at various times which she says shows quite clearly that those who returned money (as the Claimants did with the security votes cash) were promised that they would not be prosecuted in respect of their receipt of such assets.
All we need to say about this is that we think the statements relied on are ambiguous. The Secretary of State was asked to deal with this on the basis that Decree 53 meant that there could be no prosecution. He was right to accept the FGN's contention that this was not the case and to say anyway, as he did, that this was a matter which was already before and should be decided by the Nigerian courts. So also, we think, should the abuse of process argument now advanced by Miss Montgomery. It does not afford any ground for challenge to the Secretary of State's decision.
We can deal with the Ajaokuta and Vaccines transactions together. The recent certificate issued by the Attorney General is conclusive of the statutory requirements (Section 4 (2A) (a)). Miss Montgomery submits that the certificate does not save the position because the Secretary of State still has to be satisfied himself that the case is one of serious fraud before he can refer the request to the Director of the SFO. We do not accept this submission. Once the requesting State has identified the offence and certified that it has been committed or that there are reasonable grounds for suspecting that this is so, we think the statute confines the Secretary of State's role to considering whether the nature of the offence identified involves serious or complex fraud, about which there can be no doubt in this case. The Secretary of State does not have to go behind the certificate to satisfy himself of the statutory conditions.
In any event we do not think there is any ground for challenging the Secretary of State's conclusion in the letter of 8 May 2001 that offences had been committed or that there were reasonable grounds for suspecting that this was the case. In relation to Ajaokuta Miss Montgomery relies on certain statements recorded by Rix LJ in his judgment by Mr. Gana (the police officer in charge of the Nigerian investigation into these transactions) that he had not alleged that there was any fraud involved in the transaction. As to the Vaccines transaction Miss Montgomery relies on a letter which was delivered anonymously to the Claimants' solicitors shortly before the hearing before us. This letter is dated 21 August 2001 and purports to be from the office of the FGN's DPP to the Assistant Inspector General of the police. It explains the difficulties which are being experienced in finding evidence to support the allegation that the English company's profit margin on the sale of the vaccines was so great as to lead to an inference of fraud. The FGN did not have time to take instructions on this letter.
However, the answer to the points now made in relation to both these transactions is, we think, to be found in paragraph 27 of FGN's English solicitor's statement, where he says :
Mr. Gana assures me that his investigations are continuing and informs me that they cover, amongst other matters, the Ajaokuta steel project and the Vaccines matter. To date he has interviewed about 120 witnesses and recorded statements from 37 of those witnesses. He has also approached approximately 20 banks in Nigeria in the course of his investigation. The investigation is proceeding on the basis that the Claimants' conduct was dishonest or otherwise an offence under Nigerian law. There is no basis whatsoever for the Claimants' suggestion that the Nigerian authorities concluded that there was no evidence of dishonesty in relation to the matters under investigation.
In the face of this statement we are quite unable to conclude that the Secretary of State's decision is susceptible of review.
In support of her general argument on discretion Miss Montgomery relies on the alleged breach of Swiss and Nigerian court orders and the misuse of documents to which we have referred. She also alleges that the authorities in Switzerland, Luxembourg and Liechtenstein were misled by the FGN into invoking their procedures for freezing accounts and assets by the assertion that there were similar procedures in existence in Nigeria, when in fact the decree which contained such powers was repealed in May 1999. This is an allegation which has only recently been made and the FGN have had very little time to deal with it.
We have considered each of these general points but they do not lead us to conclude that the Secretary of State's discretion was wrongly exercised or that he should be required to reconsider the matter. Each of the allegations made does or is likely to raise issues of foreign law or procedure which the Secretary of State cannot possibly be expected to resolve. If there is anything in these allegations they should be raised with and considered by the courts or authorities in the countries concerned. They cannot be used as the basis for further delaying the implementation of the Secretary of State's decision (which we consider to be lawful) to provide the co-operation which the requesting State is entitled to receive and the United Kingdom is obliged to provide.
For these reasons the challenge to the Secretary of State's decision in relation to the FGN's request fails.
The Swiss Request:
On 14 August 2000 Magistrate Zecchin of the Canton of Geneva submitted a request for mutual assistance to the Secretary of State asking for details of specified deposits of money made at banks in London between 2 April 1996 and 12 January 1998. The request asked in respect of each deposit for information concerning (i) the account debited, (ii) the owner or beneficial owner of the debited account, (iii) the payer, (iv) the third party giving the transfer order and details of the account debited and (v) the holder and beneficial owner thereof.
The request said that the Magistrate was in charge of conducting an investigation for offences committed by, among others, the Claimants of forming a criminal organisation contrary to Article 260 Swiss Civil Code, of money laundering contrary to Article 305 of the Swiss Criminal Code and of fraud contrary to Article 146 of the Swiss Criminal Code
A copy of the request was passed to the Claimants who made submissions to the Secretary of State that he should decline to provide the information sought because the offences alleged were not committed within Switzerland or the Swiss jurisdiction, because first that the letter of request was essentially a duplication of an earlier letter sent by the FGN in respect of which assistance had not been granted and second that Article 2 and the reservation to Article 2 of the European Convention on Mutual Assistance in Criminal Matters ("the Convention") permit the Secretary of State to refuse assistance where the person who is a subject of the request had been the subject of a final decision not to prosecute in a third state which was the case in respect of the Claimants. It was also said that as the FGN was a party to the proceedings before the Magistrate in Switzerland, the Secretary of State should seek an undertaking from the Magistrate to ensure that any information supplied under the letter of request would not be used whether directly or indirectly in any investigation or proceedings outside Switzerland.
On 13 October 2000 the Treasury Solicitor replied on behalf of the Secretary of State that he was satisfied that the offence alleged was committed in Switzerland as there was a certificate from M. Zecchin to that effect, that Article 2 did not apply and even if it did, the Secretary of State would still regard it a proper exercise of his discretion to comply with the letter and that in any event he was satisfied the letter of request was separate from any other request made by the FGN.
On 16 October 2000, the Secretary of State referred the letter of request to the Director of the Serious Fraud Office under Section 4 (2A) of the 1990 Act which enabled the Director to use her powers under the Criminal Justice Act 1987 to give effect to this request. With the encouragement of the Secretary of State, the Claimants' solicitors made a number of representations to the Treasury Solicitor concerning the terms on which the material obtained as a result of the Swiss request should be transmitted and a particular concern was the position of the FGN in the Swiss Criminal proceedings; it was a civil party to the proceedings and therefore on the face of it entitled to full access to the Investigating Magistrate's file. The Treasury Solicitor explained in a letter dated 27 November 2000 that as the FGN was a civil party to the criminal proceedings it was entitled to have access to materials supplied pursuant to the Swiss request subject to the fact that "what, if any use could thereafter be made of any documents supplied is governed by Swiss law"
On 13 December 2000, the Treasury Solicitor informed the Claimant's solicitor that the Defendant was considering whether to transmit the material gathered by the SFO. In reply, the Claimant's Solicitors sought, by letter of 14 December 2000, an assurance that the material would not be transmitted for reasons previously given.
The letter of 18 December 2000, which is the subject of these proceeding followed. In it, the Treasury Solicitor informed the Claimants that the Secretary of State had decided to transmit the materials to Switzerland but would not do so pending the hearing of any application for judicial review. In early December 2000, the Swiss authorities submitted two further requests for mutual legal assistance seeking banking documents and the interviewing of witnesses. The Claimants made representations in respect of these requests, which were the same as those in respect of the first request. The second and third Swiss requests were therefore acceded to by the Secretary of State and passed on to the SFO for implementation. The relevant materials are now in the process of being gathered. A similar position applies to a fourth request made by the Swiss authorities on 19 March 2001.
The Claimants' Submissions
As we have said, the thrust of the case for the Claimants on the Swiss request is that the Secretary of State, should, before transmitting the documents to Switzerland have sought and obtained an undertaking to prevent their use by the FGN. In exercising his discretion as to whether or not to transmit material to the requesting state it is said that the Secretary of State must weigh all the competing interests for and against transmission so as to act as a safeguard against an abuse of the international mutual assistance process by foreign Governments (see Zadari v. Secretary of State [2001] EWHCA ADMIN 275 Paragraphs 24- 26 and 29 – 30).
The Claimants submit that, in the context of this case, before transmission could be permitted, the Secretary of State and the Director of the Serious Fraud Office were obliged to ensure that the documents would only be supplied for the purpose of an investigation into the actual criminal charge which was the subject of the Swiss request. It is pointed out that the Secretary of State sought and received an undertaking from the Swiss Magistrate in a letter dated 3 October 2000 ("the October 3 undertaking") stating that :
No document or other information obtained will be used other than in criminal prosecutions in Switzerland arising from investigations set out in the Letter of request without the prior consent of the Secretary of State for the Home Department.
The Claimants say that this undertaking was largely worthless as it bound only the Swiss Magistrate and it did not affect the FGN's status as a civil party entitled to have access to and take copies of any transmitted material. The danger of that according to the Claimants is that the transmitted material could then be used in criminal proceedings against the Claimants in Nigeria or for that matter in any criminal investigation in Nigeria or elsewhere. The significance of this according to the Claimants is that the 1990 Act and the Convention envisaged the provision of assistance only in respect of the offences specified in the letter of request. Thus it is said it would be contrary to the purpose of the scheme if material provided pursuant to it was to be used for any other purpose in the requesting country or in a third country. As the Secretary of State is bound to have regard to relevant treaty obligations in the exercise of his discretion under the 1990 Act (R v. Secretary of State ex parte Fininvest [1997] 1WLR743, 747), it would be irrational for him to exercise his discretion in a way which would frustrate or undermine those treaty obligations by, for example, refusing to seek undertakings necessary to enforce them or to grant assistance where it is foreseeable that a breach of a treaty obligation is going to take place. It is said by the Claimants to be significant that if the Swiss Government gives assistance under the Convention, it is only on "the express condition of the result of investigations made in Switzerland and the information contained in the documents or files transmitted are used solely for the purpose of examining and trying the offences in respect of which mutual assistance is provided". (This is because of the reservation of the Government of Switzerland to Article 2 [b] of the Convention). By the same token, requests made by the United Kingdom to a foreign country are subject to the statutory provision that any evidence obtained "shall not without the consent of such an authority as is mentioned Section 4 [b] above [i.e. the requested foreign authority] be used for any purpose other than that specified in the letter [of request]". (Section 3 (7) of the 1990 Act).
Thus, it is said by the Claimants that there is no reason for a person to be in a worse position in relation to mutual assistance, where the United Kingdom is transmitting evidence rather than receiving evidence because the Secretary of State has an obligation to ensure so far as is possible that there is parity of treatment of persons affected by requests for mutual assistance. In consequence, the Claimants contend that the refusal by the Secretary of State even to consider seeking a further undertaking from the Swiss Magistrate to guard against transmitted material being made available to the FGN, was unlawful and irrational.
It is also submitted that the prospect of the Claimants being prosecuted and imprisoned in Switzerland is in reality remote, and the likely venue of any criminal trial is Nigeria. In order to show that the Secretary of State has acted irrationally, the Claimants also point out that they are worse off than if there had been direct assistance provided to the FGN as a result of a request for assistance to the British Government from the FGN, because the Cooperation Treaty and the Harare Scheme to which we have referred require the requesting country not to use any information or evidence obtained in response to a request for assistance, other than for the purposes specified in the request without the prior consent of the requested country.
The Secretary of State's contentions
The Secretary of State contends first that he had no legal obligation to obtain an undertaking from the FGN, second that in any event in the light of the 3 October undertaking, he was entitled to authorize transmission and finally that events since December 2000 mean that any injustice has now disappeared.
Was there a legal obligation for the Secretary of State to obtain an undertaking concerning the use of the transmitted material?
Neither section 2 of the Criminal Justice Act 1987 nor the 1990 Act require the Secretary of State to obtain such an undertaking about the use to which the transmitted material can be put before transmission can be authorised. This is in sharp contrast with the provisions in other schemes for the supply of information, which limit the use to which the transmitted material can be put - see Section 3(7) of the 1990 Act and the Co-operation Treaty and Harare Scheme (which do not apply to the Swiss request) to which we have already referred. It is also noteworthy that Section 2 (8) of the 1987 Act provides that a statement given by a person in response to a requirement imposed by virtue of that section may only be used in evidence against him on a prosecution for knowingly or recklessly making a false or misleading statement in compliance with the requirement under that Section or on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.
Significantly, no such specific obligation arises in respect of the use to which the material supplied under the Swiss request can be put. The case for the Claimants is dependent on showing an implied obligation but there is a powerful argument against this because Section 4 (2A) contains two express pre-conditions which have to be met before information can be supplied, so it is difficult to see why if parliament intended that undertakings about the use of the material requested should be obtained as a pre-condition to transmission, this was not expressly stated in the legislation as well
In the absence of any sign of a parliamentary intention to the contrary, it must be assumed that the legislature did not intend that an undertaking had to be given by the requesting party. This point is fortified by the fact that other regimes for the transmission of evidence contain, as we have shown, specific limitations on the use to which the transmitted material could be put. Thus, we conclude that there was no legal obligation for the Secretary of State to obtain an undertaking in this case. Nevertheless we add that the absence or presence of such an undertaking might in appropriate cases be a relevant matter to the exercise of the Secretary of State's discretion.
Can the December 2000 decision to transmit be justified on the basis of the 3 October undertaking and other matters?
Even if in the circumstances of this case some form of undertaking had to be sought before transmission could be authorized, the Secretary of State obtained the 3 October undertaking by which the Swiss Magistrate undertook that no document or other information obtained as a result of the request would be used other than in criminal proceedings arising from the investigation set out in the letter of request without the prior consent of the Secretary of State. Mr. Lawson QC for the Secretary of State submits that the Secretary of State was entitled to rely on this undertaking and upon the Swiss Courts to police and enforce these restrictions. It has not been contended (and certainly not established) that the Swiss authorities would not have done all in their power to prevent the undertaking being broken. Miss Montgomery attaches particular importance to the fact that the FGN would have a right of access to the material supplied, but, as the Secretary of State said, the mere fact that the FGN might be permitted access to the file would not mean that there would be a breach of the undertaking not to use and it would be for the Swiss authorities to ensure that the undertaking was not broken.
There is nothing unusual in a legal system proceeding on the assumption that documents disclosed in an action will not be misused by a party who receives them and that there will be policing by the courts of the country in which the proceedings are being conducted. Indeed, the English legal system has a regime of disclosure, which provides that parties who receive information will not use it for any purpose other than for the litigation for which it is disclosed, except with the consent of the court. So our courts are given the task of policing the use of information disclosed to a party in the course of proceedings. As we have explained, in this case the Secretary of State had told the solicitors for the Claimants that the use of the documents transmitted was a question for Swiss law and there is no reason to believe that they would not perform their duties properly. We are fortified in coming to this conclusion by the fact that the Swiss authorities have themselves obtained a reservation to the Convention, which precludes the use for collateral purposes of any information transmitted by it under the Convention.
The Claimants contend that the policing powers of the Swiss Court is of limited if any use especially as it can only be enforced after the collateral use has occurred and might not cover breaches that occur outside Switzerland. But as Mr. Lawson correctly points out, the weakness of the Claimants' position is shown by the fact that they would have been content if the FGN had unequivocally undertaken not to use the documents or, if this Court ordered that any transmission pursuant to the Swiss request would be subject to a condition to that effect. In either of those events, it could only have been the Swiss authorities who could have policed such an order and the Claimants were implicitly accepting that they would have been ready, willing and able to let them do so. By parity of reasoning, the undertaking given by the Magistrate will also be effectively policed.
In order to determine if the Secretary of State was entitled to reach his decision, we have considered with care the correspondence between the Treasury Solicitor and the solicitors for the Claimants. They took advantage of the opportunity given by the Secretary of State to comment on whether he should accede to the Swiss request and set out the Claimants' case in a detailed letter of 15 September 2000 and other correspondence. After the Secretary of State had decided to accede to the request, the solicitors for the Claimants indicated that they wished to make further representations on whether the information gathered ought to be transmitted to Switzerland. The Treasury Solicitor invited them to do so and the comments of the Claimants' solicitors were expressed in detailed correspondence. The Treasury Solicitor and the Secretary of State then duly considered them including the objection that there should be no transmission or that the FGN be refused access to any material supplied to the Swiss authorities or the FGN be excluded as a civil party.
Before reaching his decision, the Secretary of State considered the matter carefully and there is no evidence that he failed to take into account any matters that he should have considered or that he has relied on matters that he should have not taken into account. There was no allegation at that time that the FGN had abused its position by misusing documents from the Swiss file in connection with requests made in any other jurisdiction. In addition, there is no evidence that the Secretary of State misunderstood his powers or duties. His decision was one that he could reasonably have reached after consideration of the relevant material.
In any event, it will be recalled that Lord Bingham CJ explained in the passage already quoted that it would normally be expected that a suspect would have the right to contest evidence in the requesting country and for the United Kingdom "to pay regard to the wishes" of the requesting country. Simon Brown LJ considered that in an extradition case, a court "should not shut its mind entirely to considerations of comity" (R v. Secretary of State for the For Home Department [1988] QB 994 at 1004). These comments support the approach of the Secretary of State that the question of misuse of material by the FGN in the light of the October 3 undertaking was a matter for the Swiss authorities.
For those reasons, we do not believe that the Secretary of State's decision in relation to the Swiss request can be faulted. Nevertheless, it is desirable to look at subsequent events, because if the initial decision of December 2000 was flawed, subsequent events could be relevant as removing any perceived unfairness to the Claimantss with the result that they should militate against any discretion being exercised in favour of granting the relief sought.
If the December 2000 decision was erroneous, do subsequent events ensure that no injustice would be caused to the Claimantss if the material specified in the Swiss request were now transferred?
In answer to a letter from the Treasury Solicitor, Mr. Monfrini of Hauchmann, Monfrini ("HM") the Swiss lawyers acting for the FGN stated in a letter of 29 January 2001 (which was incorrectly dated 29 January 2000), that the FGN undertook :
not to seek to file in the Nigerian criminal proceedings any material which was accessed or made available to the FGN pursuant to its civil party status in Swiss criminal proceedings, in particular the documents transmitted to the Swiss authorities by the United Kingdom authorities.
The Treasury Solicitors duly wrote to the Claimants' Solicitors on 30 January 2001 informing them of this undertaking and asked if in the light of it the Claimants would withdraw their application for judicial review of his decision. The proceedings were not withdrawn as the Claimants' solicitors did not accept the authority and capacity of HM to bind the FGN. They also asserted that even if M.Monfrini "is capable of giving an undertaking on behalf of FGN this would not prevent use of the material in a prosecution by one of the states of Nigeria".
On 7 March 2001, the Nigerian High Commissioner in London on behalf of the FGN gave the same undertakings as had been given by HM upon the understanding that the documents requested by the Swiss court were "exclusive to the Swiss request" and "that the Swiss request is not directly concerned with the accused persons charged to court in Nigeria and the FGN will not necessarily need to make use of the documents as such". On 14 July 2001, the Attorney General and Minister of Justice for the FGN confirmed that the FGN would not seek to use documents from the Swiss court file obtained as a result of the transmission from the United Kingdom in the absence of formal transmission by the Swiss authorities to the FGN. The October 3 undertaking restricted the prospects of the Swiss authorities permitting such transfer to the FGN unless the Secretary of State agreed. As the Claimants were concerned about the use that the FGN would make of the transmitted material, it is difficult to see why these undertakings from the FGN did not provide an adequate safeguard for the Claimants or, at least, an effective response to their concerns.
On 29 August 2001, the Swiss Chambre D'Accusation gave a ruling to the effect that the FGN remains entitled to have access to and take copies of documents on the Swiss Court file but (in the words of the Claimants' chronology) "a restriction is imposed (to last to closure of the mutual assistance proceedings) that the material may not be used directly or indirectly within the criminal proceedings which led the FGN to make its request for mutual assistance on 20 December 1999".
Even if we thought there was anything wrong with the Secretary of State's decision to transmit documents to Switzerland, we would not have granted the Claimants any relief because of these subsequent developments. The High Commissioner has given an undertaking not to use materials on the Swiss Court file and this is fortified by the Swiss court's decision of 29 August 2001.
For these reasons, the application in relation to the Swiss request also fails.
Both these applications are dismissed.
After we had prepared this judgment the Claimants applied for it to be stayed. The reason for this is that on 27 September 2001 the First Claimant (and 19 companies and legal entities said to be "affected") made an application in Abuja similar to the one made by the Second Claimant in Lagos to which we have referred in paragraph 11. An application for an interlocutary injunction to restrain the FGN from proceeding with the various letters of request was heard by a High Court Judge on 8 October when the FGN were represented, although we are told that the Judge refused to listen to submissions on their behalf. The judge adjourned the application to 1 November 2001 and made an order restraining the Defendants from "proceeding, continuing, causing to be continued or assisting in any way whatsoever in the letters (of request) to the detriment or disadvantage of the Plaintiffs". The Claimants argue that this order is clear in its effect and that we should defer giving our judgment at least until after 1 November in the interests of international comity. The Secretary of State and the FGN oppose this application. We see no good reason for staying or deferring our judgment. This judgment is concerned with the Claimants' challenges to the Secretary of State's decisions, not with the wider question of whether the FGN should be permitted to proceed with their letters of request and, if they do, whether this will be a breach of the recent order of the Nigerian court, which, with its reference to "detriment or disadvantage to the Plaintiff" is, we suspect, of debatable effect. But that is a question for the Nigerian courts to decide if necessary. We have to say that the Claimants' recent litigation in Nigeria smacks of tactical maneuvering. We do not think any question of comity between courts arises. On the contrary, for the reasons given in paragraph 27 we think other questions of comity demand that we should give judgment sooner rather than later. This is why we have rejected the Claimants' latest application (which the parties agreed we should deal with on paper) and proceeded to hand-down this judgment.


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7.25" G#/D Note Etched Golden Buddha Himalayan Singing Bowl #g8760618
The note of the bowl when it is struck like a gong is D 590 Hz
The note of the bowl when it is sung on the rim is G# 202 Hz
Size: 7.25 in diameter by 3.25 high
Weight: 1 lb., 14.9 oz, 876 grams
Rim Thickness: Averages 3.3 mm
This bowl was sung with the pictured suede striker, singing on the rim and struck like a bell.
This bowl features an etching of a Golden seated Buddha on the inside, and the Eyes of Buddha on the very bottom.
Includes a free striker and the pillow shown in the picture.

subset: commoncrawl


text:
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I have a general question about adding some database and a chat for a game. I'm not so familiar with things, so that's why it could be perceived as a noob question, and that's why I would like to hear from professionals - simply - how are the possibilities for Defold? I saw that Playfab and Firebase provides such services - do Defold supports them on a scale that creating e.g. a real-time chat between registered users, which data is stored somewhere (e.g. nickname, mail, level, etc.) is possible? If not - what is possible at least? Also - which of those solution are supported for free acounts and which for paid ones?
Database and chat for a game?
- There is a PlayFab extension for Defold. I don't see why it shouldn't work well for your use-case.
- We currently only have extensions for Firebase Analytics, Authentication and CloudSave. We/the community could add more if needed.
- Have you considered Steam? We have a Steamworks extension and Steam has matchmaking, lobbies etc.
- There's also Colyseus which has support for Defold.
Thanks for the response! I do tried with Playfab, but since it has a lot of limits I was looking for another solution. Another reason was, that I don't know how to create something like chat with Playfab So, I found Firebase that is used widely and there are even many tutorials about creating a chat for an Android app for example. So, with Firebase CloudSave, as I saw, it's possible to establish a database too, I guess? I will consider Steam too, but I'm not a fan of that You mean this extension: Steamworks - Native Extension, not DefSteam?
Which limits are your thinking of?
It doesn't seem like it has been released yet. In Private Preview:
Yes, but is there an out of the box solution for this? I found Firechat:
Not sure how that would integrate into a game though…
Yes, CloudSave allows you to save game state per player. Not sure if you can store stuff that is global and accessible by all your players. @AGulev?
Yes, Steamworks Extension, not DefSteam.
Firebase DataBase is not the same as Google Play Game Services Cloud Save.
At the moment we don't have a plugin for that: https://firebase.google.com/docs/database/cpp/start
Hmm. A chat system. Interesting.
Here are some things that you can use
Playfab, as everyone mentioned. It is good multiplayer solution for Defold and can be easily used for making chat system. I don't understand what restrictions are you talking about?
Firebase is a good solution too. I used it several years ago for a web based chat system. Not sure about integration in games though.
Then, GPGS also supports real time multiplayer, which can be easily moulded for a chat system, with maybe platforms being a restrain.
Now those are the easy ways Here's the way I will do it.
- Make a custom server, host it on some free place like heroku, use mongodb for storing chat data, and build everything from scratch using node is. Might be a bit time consuming but it will give me full power over everything.
In Playfab's Settings there is a tab "Limits" - it describes limits for almost all features, some are really restricted like some character data size restricted to 1000 bytes, possibility to update character data max 5 times per 15 seconds, max 30 times per 5 minutes and so on. There are a lot of them in the free plan and I'm wondering on what scale those limits will be unattainable and you'll need to pay more and more. I'm just not aware of the scale of the project yet and I'm only analyzing the solutions.
Yes, and there are numerous solutions based on Firebase too. I would love to learn one day how to integrate them easily into Defold's app - this could be a new look at Defold - to use it as an comfortable and easy application creation toolkit - it is lightweight, reliable, has lovely GUIs, it is easy to learn and deploy to major platforms. If there only would be a support like that for most common application use-cases - it would be great in my opinion. I know Defold aims at game dev, but I see some potential even here
Are there maybe some plans?
Yes, this is definitely the best approach, the most time-consuming, though @TheKing009, when you are saying, that you will do it, you literally mean, that you are planning to create such solution on Defold?
Yes. The playfab free plan is for basic testing only. Just to check everything works fine. Beyond that you have to pay. (And that is why I only like to use basic free forever features )
You are trying to trick me through my words . Well maybe I will, or maybe I will not. I want to do a multiplayer game later this year but it needs money, and getting money depends on the status of currently released games.
Let's talk about it more - what sort of chat do you need, a big global game chat ( kinda slack #social type ? ), Or small P2P chats?
That's why I had some objections for that and looked into Firebase. I used Playfab up to this time, but now I see its restrictions could be too aggressive and I'm not having any plan yet to earn money from my game for now.
I was thinking about P2P chats, but players need to see other players stats, level and so on, thus the database is needed. It would be great to also save conversations.
What about a dedicated chat service such as Vivox or SendBird? HeroicLabs/Nakama were active on the forum and they had a Defold SDK in the works, but not sure if it ever was released.
Thanks for the recommendations! I'll check them
Also notice that Playfab has yet an error on Windows PC in some case:
(on both my PC with different Internet connection providers)
No, sorry. Right now I'm working on excluding
push notifications from the engine into separate native extension. After that building of any firebase extensions will be much easier.


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WASHINGTON –- Several prominent media sources in Egypt are now reporting that Egyptian lawyers have filed criminal terrorism charges in the International Criminal Court against President Obama in addition to the criminal terrorism charges previously filed in Egyptian courts against the president's half-brother Malik Obama.
Malik Obama is quickly becoming a person of interest in Egypt for his alleged management of funds for a terrorist organization based in neighboring Sudan. A group of Egyptian lawyers, meanwhile have charged President Obama with crimes against humanity for his support of the Muslim Brotherhood in Egypt.
The charges come as the criminal trial against former Egyptian president Mohamed Morsi is scheduled to begin in Egypt in January 2014. Morsi facing charges that he supported the Muslim Brotherhood in acts of violence directed against the Egyptian people.
President #Obama is likely to be a subject in Morsi's criminal trial because of evidence the Obama administration used the U.S. Embassy in Cairo to provide direct financial support to key Muslim Brotherhood political operatives, with the full knowledge and complicity of the Morsi government, as WND was first to report in August.
piece of shit president any dox on him ?
>what a great president
doxbin got shut down so no
#obama created 8 years of complete disaster
In his historic run to the presidency, Barack Obama broke every political fundraising
record, raising nearly $750 million from more than a million contributors in 2007 and
2008. Now consider a corporation such as Exxon Mobil. During 2008 alone, Exxon
generated profits of $45 billion. With a diversion of even 2% of these profits to the
political process, Exxon could have far outspent the Obama campaign and fundamentally
changed the dynamic of the 2008 election.
thank god people did not get tricked into cruz scam, he would be the same as obama.He would support TTP as soon he got elected, his crooked wife #heidicruz was going to make sure it would happen
we should call this guy #crookedobama
Majority of Americans say US 'less safe' from domestic terrorism under Obama – poll
thats what happens when you have a cuck president
His wife looks like a gorilla
He loves ISIS and will always help them
obama will go to prison for giving money to isis
What we are witnessing now is how bad were the last 8 years of obama, trump did more in his first two weeks than obama in 8 years.
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In the recent Ontario Court of Appeal decision in PQ Licensing S.A. v. LPQ Central Canada Inc. ("PQ Licensing"), the Court considered whether the mandatory mediation process prescribed by a franchise agreement impacted the limitation period applicable to a franchisee's rescission claim.
The Court found that the franchisee's claim for rescission was not barred even though the franchisee had delivered its notice of rescission nearly a decade prior. This decision hinged on the alternative dispute resolution provisions set out in the franchise agreement.
Read the McMillan Franchise & Distribution Bulletin.
This article was published in The Licensing Journal.
This article was published in TerraLex Connections.
View article on Lexology (members only).
Andrae Marrocco's Lexology contributor profile.
This article was published in the Ontario Bar Association Franchise Law Section newsletter (members only).
This bulletin is published to inform clients and contacts of important developments in the field of franchise and distribution law. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a McMillan lawyer if you have specific questions or concerns relating to any of the topics covered here.
See latest posts:
- Andrae Marrocco recognized by Best Lawyers in Canada 2020
- Andrae Marrocco Reappointed as a Member of the OBA Franchise Law Section
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text:
Safaricom, the largest mobile operator in Kenya, announced that its service revenue growth of 7% for the year ending March 31 was driven by strong M-PESA performance, contributing roughly three quarters to the service revenue growth. Safaricom's net profit grew by 14.7 percent to Sh63.4 billion during the period.
Safaricom said its M-PESA revenue grew by 19.2% to Sh74.99bn. The growth in M-PESA has been driven by an increased number of users, higher velocity of funds within the ecosystem, and adoption of new use cases. In the period, the Operator added 2.1 million active M-PESA customers. MPESA now accounts for 31.2% of service revenue, further accelerating displacement of traditional voice and messaging services.
Safaricom predicts that within three years Mpesa will generate more revenue than all other parts of the business combined, according to Financial Times.


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ADAM12 induces actin cytoskeleton and extracellular matrix reorganization during early adipocyte differentiation by regulating beta1 integrin function.
- Nobuko Kawaguchi, Christina Sundberg, +9 authors Ulla M. Wewer
- Journal of cell science
- 2003
Changes in cell shape are a morphological hallmark of differentiation. In this study we report that the expression of ADAM12, a disintegrin and metalloprotease, dramatically affects cell morphology… (More)
- Nobuko Kawaguchi, Xiufeng Xu, +5 authors Ulla M. Wewer
- The American journal of pathology
- 2002
ADAM 12 (meltrin-alpha) is a member of the ADAM (a disintegrin and metalloprotease) family. ADAM 12 functions as an active metalloprotease, supports cell adhesion, and has been implicated in myoblast… (More)
Compensation for dystrophin-deficiency: ADAM12 overexpression in skeletal muscle results in increased alpha 7 integrin, utrophin and associated glycoproteins.
- Behzad Moghadaszadeh, Reidar Albrechtsen, +10 authors Ulla M. Wewer
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Mouse models for genetic diseases are among the most powerful tools available for developing and testing new treatment strategies. ADAM12 is a disintegrin and metalloprotease, previously demonstrated… (More)
- Pauliina Kronqvist, Nobuko Kawaguchi, +7 authors Ulla M. Wewer
- The American journal of pathology
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Muscular dystrophy is characterized by muscle degeneration and insufficient regeneration and replacement of muscle fibers by connective tissue. New therapeutic strategies directed toward various… (More)
- Kazuhiro Toriyama, Nobuko Kawaguchi, +4 authors Suguru Torii
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Subcutaneous injection of reconstituted basement membrane (Matrigel) in combination with basic fibroblast growth factor induces de novo adipogenesis in which endogenous precursor cells invade the… (More)
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Adipocytes forming fat pad in vivo are surrounded by well developed basement membranes. Synthesis of basement membrane is enhanced during in vitro differentiation of preadipocyte line. In order to… (More)
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anti-amnesic effect on Alzheimer's rats.5) In PC12hcells staurosporine blocked NGF-induced neurite outgrowth at low doses, but at higher doses PC12h cells responded to staurosporine by rapid… (More)
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Autografting of lost soft tissue is an important subject of the plastic and reconstructive surgery and autograft of fat pads has been only technique for this goal. However, the results are… (More)
De novo formation in mice of adipose tissue and muscle fibers at the site of injecting Matrigel and growth factors
Augmentation of lost soft-tissue is a major goal of the plastic surgery but autografting of fat pad has been only practical operation. This operation in human was first tried by Neuber (1) in 1893,… (More)


text:
Ktima Bairaktaris Monolithos White 2017 750ml
Monolithos white blends known grape varieties, grown without chemicals, in an elegant and aromatic wine.
- Grower: Bairaktaris
- Vintage: 2017
- Grapes: Muscat of Alexandria 34% / Chardonnay 33% / Sauvignon Blanc 33%
- Appellation: PGI Peloponnese
- Alcohol: 13%
- Bottle: 750ml
- Viticulture: Low intervention
- Vinification: Stainless steel fermented with 2 months on its lees with periodic stirring
- Notes: Light golden color, with tropical fruit and green pepper on the nose, and a round and fragranced palate, and medium acidity.
17 in stock
Additional information
|3 lbs
Low Intervention Climate: Generally mountainous cold, with few rains Soil: Sandy loam Vine age: Planted in 1987 Altitude: 900m Slope: 3-5% Planting density: 4,200 plants / ha Yield: 2kg / plant Irrigation: None Spraying: Hydrofertilization with copper and sulfur, twice a year Harvesting: Manual (20lt crates)
Maceration: Stainless steel (cold extraction for 8 hours) Yeast: Indigenous, with neutral commercial yeast added at the end of fermentation Malolactic: Prevented (temperature control) Maturation: 3 months on its lees in stainless steel with periodic stirring Clarification: – Filtration: One crossflow filtration Production: 60,000 lt Alcohol: 13% Acidity: 5.50 gr/l RS: 1.50 gr/l Total sulfites: 92 mg/l Certification: – Bottle: 750ml
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- Store Name: Azul
- Seller: Azul
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New York, NY 10036
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Overview of Penn and Common Woods
Penn Wood is one of the largest ancient woodlands in the Chilterns Area of Outstanding Natural Beauty (AONB) and lies in the heart of this area. It ha...Read more
A few centuries ago, the landscape of Penn Wood was quite different to the one we see today. From Norman times until 1850, it formed part of Wycombe Heath - 4000 acres of heathland and woods which belonged to various Lords of the Manor but could be used by commoners who had rights to use the land in certain ways. Commoners had to guard their privileges jealously and there were continual disputes as to the rights of common to be enjoyed. The earliest record goes back to about 1206 and concerns the right to pasture pigs in Wycombe Woods and Penn Wood without having to pay pannage (rent).
Dating back centuries, we know that the woodlands have provided a home and been a source of materials and income for many individuals. Over the years, Penn and Common Woods have had many different functions, ranging from a Roman settlement to a wood-turner's workshop and even an army base. The woods today have taken their shape as a direct result of this rich and changing history.
Evidence from studies conducted by the Chess Valley Archaeological & Historical Society suggests that a Roman settlement was present in the woodlands from 100 to 300 AD. A number of artefacts dating back to this time were found during an excavation. These included brooches, fragments of jars and dishes, coins and agricultural tools, as well as two pieces of a quern-stone that had been used to grind cereal. All these findings indicate the Romans were using the woodlands as a domestic dwelling place.
There is strong evidence of iron smelting in the woods, but it is unclear where the iron ore actually came from. One theory is that it could have been present naturally on-site, with wood being readily available to provide fuel for the furnaces.
It is thought, however, that some of the pottery remnants that have been discovered could pre-date the Romans, indicating they were simply continuing the iron production that had already been established in the Iron Age.
The team from Chess Valley Archaeological & Historical Society carried out further research using a LiDAR scan. This system of Light Detection and Ranging uses a laser light to measure variations in ground height, giving an accurate image of the terrain. The results of the survey revealed man-made features dating from the prehistoric to the 20th century. These included old banks, pits and quarries, as well as sunken lanes, or holloways, which were probably used for the transfer of goods and livestock. See the full LiDAR report (PDF 943KB).
Hunting ChaseThe 'Penna', which translates from Old English as 'the enclosure' or 'pen', together with Rogmanshamhatch Corner, meaning 'roe-hedge-of-the-gravel-hamlet-gate', both refer to the use of the wood as a deer enclosure for Wycombe Heath as far back as 500 AD. The parish of Penn takes its name from this saxon enclosure. During the reign of Henry I (1100 – 1135 AD), the woodland was used as a chase (hunting ground), with hunting rights reserved for the citizens of London.
By the 13th century, the woods played a different role. Common Wood was so called due to the fact that, together with Penn Wood, Kings Wood and St Johns Wood, it once formed part of Wycombe Heath, an extensive area of over 4,000 acres of common land used by local people.
The woodlands proved to be an invaluable natural resource and local people (commoners) from the bordering parishes of High Wycombe, Little Missenden, Amersham, Beaconsfield, Penn and Hughenden made full use of their rights to utilise the land for grazing their livestock, collecting wood and excavating clay, sand, chalk and flint.
Subsistence farming played a vital role for many people in medieval England, so being allowed to put cattle, horses and sheep out to feed off the land was essential. Many commoners also exercised their right to pannage, the entitlement to put pigs out to eat the acorns and other nuts found in the wooded areas of the common, to fatten them up in autumn.
Commoners were not entitled to fell the trees in the woods (this right was reserved for the Lords of the Manor) - except for maple, hazel, sallow willow, crab apple and bushes. There are however several records of fines being imposed on them for doing so. They did have permission to take the underwood, fallen branches and any wood left on the forest floor. This wood was used as fuel or as a construction material for building houses and fences as well as making equipment such as tools and carts.
Pigs were an essential part of the medieval woodland economy to such an degree that the Domesday Book for Buckinghamshire measures the extent of woodland by how many pigs it could, in theory, sustain - assuming about two-and-a half acres per pig.
The earliest record regarding pigs goes back to about 1206 and concerns the right to pasture pigs in Wycombe Woods and Penn Wood without having to pay pannage (rent). It was generally only freeholders who had the right, without payment, to drive their pigs into the woods to browse and fatten on the acorns and beechnuts. Villeins (feudal serfs) were required to pay pannage for the privilege, usually at the rate of a silver penny for a yearling pig and a half penny for a young pig.
In the 18th century, fines were still being imposed by the Manor Court on commoners who failed to ring their hogs.
Commoners had to guard their privileges jealously and there were continual disputes as to the rights of common to be enjoyed.
Records of disputes in 1576 and 1665 in neighbouring Kings Wood and St Johns Wood, also part of Wycombe Heath, show that commoners claimed, for time out of mind, that they had enjoyed rights of common for all manner of cattle except mares. Also the liberty to dig chalk and clay, sand and mold, and to cut bushes, maple, hazel, sallow, willow and crab and no other wood.
There were also pathways and rights of way through the wood.
Ponds scattered throughout the wood served as essential watering holes for the commoners' livestock in an area where the underlying porous downland soils wouldn't naturally support surface pooling. Great Gagemoor pond (meaning "goose-moor" pond) is thought to have originally been a mineral pit and Beamond End a natural solution hollow. Such dells in the wood were probably enlarged and lined with "puddled" clay, a process of compaction which further reduced the clay's permeability.
The wood is criss-crossed by banks and ditches, some of which may have marked the boundaries of different owners, or were for woodland management to keep animals away from young trees. The present footpaths sometimes follow the line of these boundaries.
There is a 70m x 50m irregularly shaped and undated earthwork enclosure formed by a slight external bank and shallow ditch. It was recorded by the county archaeologist in 1989. It is similar to a number of such enclosures found in the Chiltern woods and could be connected with a hunting lodge or a gamekeeper's hut.
Penn contains a number of archaeological features which are typical of an ancient woodland site. There is a large wood bank surrounding most of the perimeter which is many centuries old and this is particularly prominent on the southwest and northern boundaries.
Dry hollows found throughout the wood have been identified variously as solution hollows or surface pits, from which flint, loam, clay, chalk and mold (compost like soil) were extracted. These archaeological features are the irregular shaped hollows with spoil heaps found within easy reach of Penn Street, 'streat' being a Saxon word commonly used to describe a Roman road, in this case adopting an iron age route.
The solution hollows are geological features formed by the localised erosion of underlying chalk. The overlying clay that has slumped into these hollows has a deep red colour, indicating its ancient origin. Such soils are regarded as fossil features that developed in the hotter climates associated with pre-ice age temperatures. These soils are most visible where fallen trees have exposed their rootplates.
The Enclosure Acts were a series of Acts of Parliament which changed legal property rights to land that previously permitted communal use. In 1855, ownership of Common Wood and Penn Wood passed to the 1st Earl Howe, forcing many local people and their livestock off the land. Naturally this caused a general mood of unrest and rebellion within the outraged community. For centuries, villagers had sustained themselves by grazing their animals on the common and gathering what they could from the land.
When the woods became private property, many of these people were plunged further into poverty. Unsurprisingly, years of unlawful protest followed where poaching was rife and fences were flagrantly pulled down as the local people tried to take back what they deemed to be legitimately theirs.
The woods have a varied geology. As a result, pits and hollows can be seen all over the woodlands, left from the extraction of clay, sand, gravel and chalk. Clay was a precious commodity which was used in the manufacture of bricks and tiles. Penn and Tylers Green was well known for the production of distinctive, decorative flooring tiles which could be seen in royal palaces (including Windsor Castle), churches and manor houses across the whole of England.
See the separate page on Penn Wood's association with chair making.
Penn Wood was used as an army training camp during the Second World War, complete with an assault course and a rifle range. There was room for around 300 soldiers, with the officers lodged in houses in the area. After the war, it was used as a prisoner-of-war reception centre and then later as a holding base for Polish soldiers waiting to return home.
After the Enclosure Acts enabled Earl Howe to take private ownership of the common land, he removed the livestock and set about arranging the re-forestation of the land with oak, beech and conifers. He also laid out ornamental drives and avenues lined with rhododendrons and azaleas, cherry laurel and spineless holly for the benefit of the Countess who was fond of driving in the woods and particularly enjoyed the ornamental species, many of which exist in the woods today. Not only did the trees provide a source of timber for the growing furniture trade in High Wycombe,they and the exotic species also made the now private woodlands more attractive to aristocratic shooting parties who visited the estate.
With the removal of cattle and the planting of trees, the once ancient pasture changed over time to privately-owned forest and the whole site is now classified as a planted ancient woodland site (PAWS) in the ancient woodland inventory because of this replanting.
The central junction in Penn Wood became a striking open sunny place of ornamental value in Victorian times, contrasting with the surrounding, densely shaded high forest. The remains of an old fountain dedicated to Ernest Cook who owned and cared for the wood and a copper beech presented by Prince Charles to celebrate the purchase of the wood by the Trust, now share this peaceful space.
There have been many changes of ownership of the site. For instance, Common Wood and Penn Wood were probably one wood until Segraves Manor was formed from a confiscated part of Penn Manor in 1222. Segraves was given 100 acres known as Segraves Wood, together with another part known as Mynchen Wood. These separated parts were returned under the same ownership of Penn Manor in the early 17th century.
Public access has now been restored, thanks to the efforts of the local community. In 1993, the previous owner of Penn Wood submitted plans to build an 18-hole golf course complete with a practice area and car park. Many members of the public, led by the Friends of Penn Wood, opposed this scheme. A six-year campaign against the proposal followed before the application was finally rejected. The Woodland Trust acquired Penn Wood in 1999. A purple leaf beech tree was planted on site by the 7th Earl Howe to celebrate the triumph of saving Penn Wood from development.
Public ownership of Common Wood returned in 2002 when it was bought by the Penn and Tylers Green Residents' Society. Aided by the Woodland Trust, the group set about raising the £500,000 needed to purchase the site when it was being auctioned off in lots, to ensure it would remain open to the public.
Grazing cattle have been returned to Penn Wood in an attempt to restore the woodland to its former glory. Cattle have been used as a method of managing the land since medieval times, with the animals helping to maintain open pasture by trampling down thickets and fertilizing the ground. Turning the land back into traditional meadows encourages a vast array of flora and fauna to return to the site, including butterflies and other insects, nesting birds and colourful wild flowers.
The woods have already benefited from extensive investment. One of the first phases saw the introduction of new, surfaced pathways and signage, making the site accessible to all and easy to explore. Family events are held within the woodlands to encourage visitors, and plans for ongoing improvement will ensure Penn and Common Woods remain an enchanting place for everyone to enjoy.
A comprehensive history of Penn Wood was researched and written by Miles Green, a local historian, who conclusively proved that the area had been woodland since the Doomsday Book. He was instrumental in the recognition that Penn Wood is ancient woodland.
Penn Wood is one of the largest ancient woodlands in the Chilterns Area of Outstanding Natural Beauty (AONB) and lies in the heart of this area. It ha...Read more
A few centuries ago, the landscape of Penn Wood was quite different to the one we see today.Read more
Wild boar, wolves and deer roamed the wood in the middle ages, and there are still roe deer to be seen by observant visitors today.Read more
Penn is an 'old growth' woodland (woodland with trees exceeding 200 years in age with a continuity of old trees reaching into the past). There are at ...Read more
There are seven main entrances to Penn Wood and three rights of way running through it which link the wood to the surrounding countryside. A surfaced ...Read more
Chair making started as a cottage industry in the villages of the Chilterns in the 1600s. However, in the 1790s, with the industrial revolution, High ...Read more


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Richard G. Engler
Thursday, August 16, 2012 by The Press in ObituariesBethlehem Steel retiree
Richard G. Engler, 90, of Whitehall, formerly of Catasauqua, died Aug. 2, 2012, at Cedarbrook, Allentown. He was the husband of Elizabeth D. (Sullivan) Engler of Whitehall for 69 years.
Born in Catasauqua, he was a son of the late Winfield and Ellen (Thomas) Engler.
He was an administrative assistant to the chief metallurgist at Bethlehem Steel Corporation for 42 years before retiring.
He was a former secretary of the Catasauqua Club and served on the Catasauqua Library Board.
William T. Ettl
Thursday, August 16, 2012 by The Press in ObituariesFaith Lutheran Church member
William T. Ettl, 78, Catasauqua, died Aug. 9, 2012, in Fellowship Manor, Whitehall. He was the husband of Loretta Mae (Siegfried) Ettl.
Born in Allentown, he was a son of the late Francis V. and Frances Ida (Miller) Ettl.
He was a U.S. Army veteran of the Korean War.
He worked at Western Electric for many years before retiring.
He was a member of Faith Lutheran Church of Whitehall where he played dart baseball for many years.
He was a member of the Fullerton American Legion and the Telephone Pioneers.
Festival fun
Thursday, August 16, 2012 by The Press in Local News
Local church celebrates peaches
Robert "Whiskey" L. Reimer
Thursday, August 16, 2012 by The Press in ObituariesBass Masters member
Robert "Whiskey" L. Reimer, 73, of Wescosville and formerly of Northampton, died Aug. 4, 2012, in his home after a battle with lung cancer. He was the husband of Barbara A. (Fritts) Reimer for 47 years.
Born in Cherryville, he was a son of the late Lester A. and Esther M. (Shover) Reimer.
He was a 1957 graduate of Northampton High School.
He was in the U.S. Army.
He worked for Mack Trucks for 34 years.
He was a former member of St. Paul's United Church of Christ, Northampton.
Target practice
Thursday, August 16, 2012 by The Press in Local News
A young man gets ready to take aim.
Olga Chaply
Thursday, August 16, 2012 by The Press in ObituariesSt. John the Baptist Ukrainian member
Olga Chaply, 88, of Northampton, died Aug. 7, 2012, at Cedarbrook Nursing and Rehab Center, South Whitehall Township. She was the wife of the late Wasyl Chaply.
Born in Lvov, Ukraine, she was a daughter of the late Stefan and Katerina Kuzyk.
She was a sewing machine operator for various garment mills in the Lehigh Valley until retiring in 1973.
She was a member of St. John the Baptist Ukrainian Catholic Church, Northampton, where she sang in the choir for many years.
Punk rockers come to Coplay
Thursday, August 16, 2012 by The Press in Local News
Currently no candidates on Nov. ballot
Thursday, August 16, 2012 by The Press in Columns
There are currently no candidates on the ballot for municipal offices for the 2012 and 2014 elections. However, some in the community believe November's ballot will be filled with candidates seeking a seat on Coplay Borough Council.
The presidential ticket is not expected to draw large crowds to the polls like four years ago. Races are contested for U.S. Senate and the House of Representatives along with the state house and senate seats. Also, state Gov. Tom Corbett will seek re-election in 2014, with the term beginning in 2015.
Family tree
Thursday, August 16, 2012 by The Press in Local News
Descendants of Joseph and Peter Laubach gather at the Siegfried Station open house, where photographs and memorabilia highlight the Laubach Brothers. Pictured from left are Connie Laubach Nagy, Elizabeth Laubach, Richard Laubach, Pat Close, Petie Close, Andrew Close, Jendy Sell and Aiden Sell. Peter Laubach operated a lumber yard, saw mill, distillery, general store, coal and grist mills and was a blacksmith. Joseph Laubach became a state senator, a Northampton County judge and founded a local church. Laubach Avenue bears the family name.
Sylvia A. (Minich) Snyder
Thursday, August 16, 2012 by The Press in Obituarieschurch organist
Sylvia A. (Minich) Snyder, 90, formerly of Nazareth, died July 31, 2012, at Fellowship Community, Whitehall. She was the wife of the late Luther J. Snyder.
Born in Allentown, she was a daughter of the late Harold and Jane (Clayton) Minich.
She was an organist for St. John's Evangelical Lutheran Church, Whitehall, for 25 years and for Faith Lutheran Church, Forks Township, for 14 years before retiring.
She was a member of St. John's Lutheran Church, Nazareth.


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Webinar Series: Sustainable Energy in Humanitarian Settings
Sustainable Energy for Essential Humanitarian Services - How is the corporate sector partnering with humanitarian organizations to provide energy for essential services, such as water, health, and education? Join this webinar to hear from leading energy companies along with a case study on solar pumping.
. Read more...
Thursday 19 Sep at 3 p.m. CEST, (Registration link)
Plant oil for cooking can be generated from coconut, soybeans, jatropha, rapeseed, etc.[1], and has an average calorific value of around 33 MJ/l[2], comparable to the calorific value of kerosene of around 35MJ/l . Plant oil differs from other liquids when used for cooking. They pose a challenge because they have a high viscosity and only ignite at temperatures above 200° Celsius. Depending on the oil type, simple wick-stoves are not suitable and sometimes preheating of the oil with another fuel that burns at lower temperatures is required. Pressurising enhances the performance and power-output, but adds more challenges and increases the cost of the stove. Given that plant oil can be supplied in a sustainable and reliable way at affordable market prices, it may become a suitable option for cooking, especially in regions where households already rely on purchasable fuels. However, the use of plant oil for cooking can have an impact on issues such as land use, food market prices and availability, as well as on agricultural practices, e.g. the production of plant oil plants in monoculture practice[3].
Please see as well further information on plant oil stoves.
This article was originally published by GIZ HERA. It is basically based on experiences, lessons learned and information gathered by GIZ cook stove projects. You can find more information about the authors and experts of the original "GIZ HERA Cooking Energy Compendium" in the Imprint - GIZ HERA Cooking Energy Compendium.
--> Back to Overview GIZ HERA Cooking Energy Compendium


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Master Seminar WS 2012/2013
Please note that the Wednesday time slot has again been changed to Tuesday 2PM-4PM in the Goldkasten of the PI (INF 226). All talks will be distributed in week 2 of the semester, i.e. on 10/23. The only set of talks which are not negotiable are the Higgs discovery papers by ATLAS and CMS which appeared this Summer. Additional topics will correspond to the interest of the participants As usual, each student will give a 45 minute presentation (including questions) and will have to hand in a brief (6-8 pages) writeup after the end of term. These writeups are due two weeks after the respective presentation.
Each presentation will be focussed on one, more or less recent paper by one of the LHC experiments. The topics will be distributed during the first meeting. Collections of ATLAS, CMS, and LHCb papers are available online. Some more detailed hints for references will appear once the talks are assigned. We are very much looking forward to this seminar!
Tilman Plehn, Ulrich Uwer


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As the name suggests the Lucknow Zoological Gardens or also known as the Prince of Wales Zoological is located right in the heart of the city in a 71. Read More
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The history of the Sikander Bagh goes back to the 1800 which was spread as a garden by Nawab Saadat Ali Khan. During the British rule it was known as Read More
There is a large collection of the gardens and ruined structures in the Residency. It is open on all days and the tickets are as cheap as Rs. 5 to mak Read More
A coming together of architectural styles from different parts of the world, the Kaiserbagh Palace in Lucknow is truly an architectural marvel. Commis Read More
In a city popular for its green belts, the Buddha Park is a well maintained popular leisure spot. Providing the much needed succor from the hustle and Read More
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Come along Wednesday evening to the studio. Meet other members and exchanging ideas about art and making art. Our presenters this month are: Eve Horton, Jane-Frances Tannock and Mimmo Cozzolino. This is a regular bi-monthly event. More info
Back to All Events
Earlier Event: 7 MayEXHIBITION Steven Szczebiot Tonal Mordernism
Later Event: 18 MayExperimental portrait drawing with STEVE COX


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