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It has been a while since I have been able to post, mostly life has just got in the way. Every time I had intentions of writing, something seemed to come up that needed tended to ASAP! Seems that is the way life has turned for me here recently.
Probably the biggest events are both my daughters birthdays. Olivia's was last week and Kennedy's is today. At first this was great having their birthday's within a week of each other. However, I am slowly finding out that I am just going to call April, Birthday Month! I hope later in life they don't figure out that it is also "Diamond" month. I will leave that for some one else! Anyway, Olivia has decided that she does not want to celebrate birthdays together. I can't say as I blame her, but it just makes the days spread out a little more. I think all of Olivia's friends have birthday's during this month too. Seems like all we have done is host a birthday and go to birthday's. Oh, did I mention, I have made three birthday cakes in a weeks span as well. Yes, I am, Betty Crocker! Oh well, as much work as it is, and running around town going crazy, I would not have it any other way. I love my girls and their births were so special. I will keep and just suck it up in April. Pretty much have no choice as I am the only male in the house!
Back to my training...I have had some really awesome weeks of training, well, running anyway. My biking and swimming have been lacking to say the least. As of right now, I am just trying to keep my base with the bike and swim while I focus on the half marathon. Once that is over, I will put more miles on the bike and in the pool. Since I last posted I have added some Yasso 800's to the regimen. To my surprise, I am really enjoying the 800's. Last week, I was able to complete 6 of these and keep them consistent. This week will bring 8 of them, we will see if I still like them as much. I feel pretty strong right now as my running is progressing. Last weekend, I set out to simulate a half marathon race. Katie G. needed to run this for her training and I thought maybe it would be good for me too. Aaron M. and Curt S. joined us as well. We let Katie kind of set the pace for us. She wanted to run between 7:30 and 7:45 pace for the half. I would be lying if I did not tell you I got a little nervous the night before. I wanted to do well and see if I had improved on last years half. Last year I was able to complete the half in 1:45.46 which I was very pleased with. If I was going to go at Katie's pace, I would be improving my pace time by about a half minute or so.
On Saturday we set out and got after it. We actually had a large group, but many people were in different stages of their running so we did not get to chat as a group as we normally do. Hopefully that will return this weekend! We had set up a course to run with not many hills. Most of the course was on the river bike path. After all was said and done, we were able to keep a 7:36 pace. I finished in 1:39.53 for the simulated half, setting a pr for me. I was super happy, knowing I still have four weeks before I have to run this again and I think I will make some more strides! Great job by Katie, Aaron and Curt this weekend too, I am lucky to have these talented runners at my side and pushing me!
Another shout out to all the runners that show up early on Saturday morning to set out and run! To accomplish things they have never done, train for races they fear, run farther than they have ever run before, running for the fun, all of you have done such a fantastic job, week after week, trying to attain those goals! Keep pushing, YOU CAN be the best at whatever you want.
Good Luck to the Live Uncommon Race Team this weekend at the Run for Renewal in Davenport! It will be nice to see us all decked out in our awesome gear and tear up the streets of Davenport!
Do tomorrow what you did not get done today, because YOU CAN accomplish whatever you put your mind too!


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- Open: Sunday, July 29, 2 - 4
674 Willies WaySaint Marys, OH 45885
674 Willies Way
Saint Marys, OH 45885
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Go north on Rt. 66 to Rt. 219 West go past Rt. 364 and the next street is Schroeder 15 turn north go to end of street and make a right on Willies Way
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Product ConditionOpen Box/Ex-Display Product is in nearly new condition but may have been opened or have minor cosmetic damage to box or product. Product is sold with 90 day warranty which supersedes any other reference to warranty within product title or description.
EXDISPLAY HPE StoreEver LTO-6 Ultrium 6250 Tape Drive in 1U Rack-mount Kit Product Description
The HPE LTO-6 Ultrium 6250 tape drive represents HPE's sixth-generation of LTO tape drive technology capable of large store capacity per cartridge while providing enterprise tape drive monitoring and management capabilities with HPE TapeAssure, ease of use with support for LTFS and AES 256-bit hardware data encryption easy-to-enable security to protect the most sensitive data and prevent unauthorized access of tape cartridges. Capable of data transfer rates up to 1.44 TB/Hour, HPE's exclusive data rate matching feature further optimizes performance by matching speed of host to keep drives streaming and increase the reliability of the drive and media. HPE LTO Ultrium half-height drives are designed for server customers in direct attached storage (DAS) environments where hard disk and system bottlenecks can impede data transfer rates. The Ultrium 6250 tape drives provides investment protection with full read and write backward support with LTO-5 media, and the ability to read LTO-4 cartridges. By more than doubling the compressed capacity of previous generation Ultrium drives, HP customers now require fewer data cartridges to meet their storage needs, significantly reducing their IT costs and increasing their ROI
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"Find new ways to spread the Gospel to every corner of the world."
-- Pope Francis
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100 years of Catholic
presenceBy Tim Wenzl
St. Stanislaus Parish in Ingalls celebrated its centennial on Aug. 15. Bishop Ronald M. Gilmore presided at the Mass. He was assisted by Father Wesley Schawe, sacramental minister, Father Frank Jordan, retired in residence; Father Dermot Tighe, former pastor, and Father Anthony Suellentrop, retired.
The celebration was held on the memorial day of St. Stanislaus, who died on the Feast of the Assumption of the Blessed Virgin Mary.
Bishop Gilmore made the following observations in his homily.
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LEADERSHIP AT GETTYSBURG: The real story behind the Gettysburg Address
LEADERSHIP AT GETTYSBURG: The real back-story behind the Immortal Gettysburg Address The Country was fractured, the Civil War Ongoing and President Lincoln was NOT invited as the Keynote Speaker! Join us for a discussion of Lincoln's personal issues, political issues, and policy issues that resulted in a Presidential speech that is universally recognized, respected and recited throughout the U.S. and the world today. Speaker: John J. Fitzpatrick, Jr., Esq. Licensed Battlefield Guide Emeritus at Gettysburg Light Refreshments will be served. $20 open to the general public. Presented by Leadership Contra Costa Alumni Association
Date & Time
- November 2, 2016
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London: Drafting a scathing report on the global response to mass atrocities in 2014, rights group Amnesty International has termed the governments' ineffectiveness in protecting their civilians from militants as 'shameful'.
Mentioning how the conflicts in Iraq and Syria, Gaza, Nigeria, Central African Republic, South Sudan, Sri Lanka had resulted in loss of scores of innocent lives, the Amnesty report has lambasted the United Nations and the world politicians for having failed to act.
The report highlighted how the UN had failed, "not just in terms of preventing mass atrocities", but also in providing direct assistance to millions of refugees.
Terming the attitude of wealthy nations towards the refugees as "abhorrent", the Amnesty said that "Governments who have been most eager to speak out loudly on the failures of other governments have shown themselves reluctant to step forward and provide the essential assistance that refugees require".
In a crucial proposal, the Amnesty has also suggested that UN Security Council permanent members – the UK, China, France, Russia and the US – to refrain from using their veto powers in situations of vote on genocide or mass killings.
The failures, however, have not just been in terms of preventing mass atrocities. Direct assistance has also
Writing an op-ed titled "Unshackle the United Nations" in the New York Times, Salil Shetty, Amnesty International's secretary general, accused that the UNSC powers have allowed themselves to give more priority to their "narrow vested interests" rather than protecting civilians.
Shetty said that the United Nations had "repeatedly failed to act, even where it could prevent terrible crimes from being committed against civilians".
"The use of veto powers has enabled the narrow vested interests of the Security Council's five permanent members to take precedence over the needs of victims of serious human rights violations and abuses, Shetty wrote, adding, "This has left the United Nations hamstrung and increasingly discredited at this critical time".
The Amnesty report, which has reviewed the human rights situation in 160 countries, paints a bleak picture of the state of human rights across the countries.
Richer countries were guilty of taking an "abhorrent" stance by not sheltering more refugees, Amnesty said.
Branding 2014 as a devastating year, Amnesty hoped that this must change and world leaders must act immediately to address this issue so that the citizens can get a better future.
"We must hope that looking backward to 2014 in the years to come, what we lived through will be seen as an ultimate low point from which we rose up and created a better future," Salil Shetty said.


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More holiday knitting on New Year's Day
But I did progress the All-in-One Bear Suit. I have completed the hood and edging - next step the button bands. Thank you to Lisette's "Gnessing Box" (see Textile Seahorse) for the balloon!
Also my brother, Ben, came around for New Year's Eve and showed me how to put pictures in my side bar - so now I can show you what I am reading.
Today its raining and much cooler - 19 deg C according to the 2pm ABC Radio News. My garden is loving it - but it means another day in doors for me.
Knitting Needles - I broke another 'Pearl' knitting needle yesterday - the ends are the structural weakness. The needles are made of smooth plastic that covers a metal insert. The point at which the metal finishes is a weak point and I keep bending and snapping them. But I love knitting with them - so I will keep buying them.
The other needle types that I like are bamboo and casein ones. Wool Baa in South Melbourne stocks casein needles in a tortoise shell look - I am so in love with these needles and am gradually collecting the complete range.
New Year Resolutions? - well I have a couple - but my textile related one is "I am going to learn how to crochet this year"! I would love to make some crochet flowers and maybe a rug. My paternal grandmother died last year (2005). She was an accomplished craftswoman, winning many prizes at the Royal Melbourne Show over the years. I feel lucky to have two of her crochet rugs, which I currently have on my bed - she handspun and dyed all the wool as well!
And lastly a bit of nostalgia - which is kind of appropriate on New Year's Day (a time of reflection).
Here is Chewton and Robert a number of years ago at Rob's parent's Boatshed. Chewton loved the beach (you couldn't use the 'B' work around her) and we have had some great times there.


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Egg Thief !
Posted on 28 May 2014 18:15
Lots going on in the nest boxes, but the worst news this week is that the 5 eggs that had been in the pied wagtails nest have all gone. Don't know what it was, a few suspects, squirrel, woodpecker or weasel. Whoever it was, it is so annoying.
The happier news is that the nest in the camera box has started to hatch, 5 so far, it's fascinating watching the action, with the green caterpillars being brought in to feed the young.
Six nests have started to hatch, with the great tits leading the way.
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A couple of weeks ago, I snipped some anonymous internet rant about a cabal of traders buying silver and gold (paper) longs and that at the end of the settlement month(s) they were going to demand delivery of the underlying commodities.
*A commenter on another site noted that no in fact, the squeeze was on and the trade would be settled in cash, this is proving inaccurate. From the mighty Organ. Thus the total number of silver oz standing in February rose dramatically today to 1,455,000 + 475,000 = 1,930,000. We gained a massive 500,000 oz today). Somebody was need of silver in a hurry!!*2nd note. Email confirmed I had the wrong bank shorts. JP Morgan, HSBC...noted and edited.
Most people I follow believe that the Comex has far more contracts trading in paper gold and silver than deliverable gold and silver. Such contracts are almost always settled with cash. However, if some cabal actually all demanded delivery of physical gold and silver at once- could it be delivered? The smart money says, "no." They have 30 days to deliver the goods. If they are right, spot prices could go parabolic. The villains in our story are JP Morgue and HSBC...smaller players as well. But they are bankers. Thieving, greedy, manipulative bankers.
Normally, I think such ranting is usually internet BS. Here's the weird part. That rant was written on Jan. 7. And everything the writer has said- has happened. He predicted the start would be today. A search of his comments. http://search.messages.yahoo.com/search?.mbintl=finance&q=wynter_benton&action=Search&r=Huiz75WdCYfD_KCA2Dc-&within=author&within=tm And what are we seeing? Heavy buying in both complexes. Gold is pushing through resistance at 1350. Silver pushing through resistance at 29.80. Good stuff. God bless those Chinese physical buyers. They have stretched supply to it's limits and made this scenario possible. In a country with incredible food inflation woes...they know the only safe haven is physical.
Great stuff from the Organ. http://harveyorgan.blogspot.com/
For more on the February phenomenon, please read this crazy bastard's blog. Fresh back from a trip to Vegas that I have yet to hear one thing about. Some cliche comes to mind. http://tfmetalsreport.blogspot.com/2011/02/hmmm.html


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A quarterly publication covering topical issues relating to the commercial property sector. The newsletter is designed to provide useful information and advice to landlords, tenants, property agents and surveyors.
Latest Issue
In the latest issue of Realty we look at the new provisions impacting directly on the real estate sector from the Queens Speech, plus what happens if a contract of sale is signed by one of two joint purchasers and not the other. We also look at property VAT and a variety of other topics that we hope you will find of interest.
To stay up to date with this bulletin and see others - sign up to any of our free newsletters.
The Never Ending Highway...
Monday 9th March 2015
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Realty - Issue 11
A recent case sends a clear message to developers of the importance of both understanding the implications of S 38 (6) of the Highways Act 1980 in relation to the potential liability for future maintenance costs of adopted highways and entering into negotiations with the relevant local authority as early as possible.
The recent Court of Appeal ruling in R (on the application of Redrow Homes Ltd) v Knowsley Metropolitan Borough Council [2014] EWCA Civ 1433 has elucidated that a developer's liability for the payment of maintenance costs of an adopted highway will not necessarily end after a S 38 agreement has been entered into. The Redrow Homes case provides the first authority on this issue.
When constructing estate roads during a development it is routine for a developer to enter into an agreement pursuant to S 38 of the Highways Act 1980, routinely known as a S 38 agreement. Under the Act, as the road becomes an adopted highway, the local authority accepts liability for its maintenance at the public expense.
Whereas parties may have previously thought that the developer's liability for maintenance of roads ended at the point at which the S 38 agreement was entered into, the Redrow Homes case clarifies that S 38 (6) of the Highways Act 1980, enables a local authority to include a provision in the S 38 agreement that the developer remains liable for the future maintenance of the highway.
The facts of the Redrow Homes case are that in February 2011, Redrow Homes obtained planning permission to build 525 dwellings on land at Huyton. The first stage of the planning included the construction of estate roads. Both parties agreed that a S 38 agreement would be entered into, however, the local highways authority imposed a condition into the agreement that Redrow Homes pay the sum of £39,000, calculated as a commuted sum for the estimated capital cost of future maintenance of the street lights on the roads. Redrow Homes argued that the local highways authority was not lawfully entitled to impose this condition in a S 38 agreement.
Much of the case rested on the interpretation of S 38 (6) of the Act which states:-
(6) An agreement under this section may contain such provisions as to the dedication as a highway of any road or way to which the agreement relates, the bearing of the expenses of the construction, maintenance or improvement of any highway, road, bridge or viaduct to which the agreement relates and other relevant matters as the authority making the agreement think fit.
Redrow Homes argued that S 38 (6) was restricted to providing for an agreement for construction, maintenance and improvement before the road became maintainable at the public expense and not afterwards, hence it contended that it could not be made liable for future maintenance costs once the agreement was entered into.
The Court rejected that argument and determined that whilst the highway was maintainable at public expense, it was up to the local highways authority whether it wished to carry out the work itself or insist on the developer carrying it out.
No doubt developers will now wish to include a fact finding exercise in their due diligence checks on prospective land purchases to establish the relevant local authority's stance with respect to adopted highways maintenance.
If you would like more information about any of the issues raised in this article please contact:
Hannah Carter
Solicitor, Property Solutions
Tel: 0151 600 3056
Email Hannah
Chancel Repair Liability - May Still be Live
Monday 9th March 2015
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Realty - Issue 11
Those of us gripped by Wolf Hall on BBC2 recently might be forgiven for thinking there is little from that era which still has relevance to property law today.
Chancel liability is one of those areas however, having its origins in the dissolution of the monasteries under Henry VIII. Monasterial land was appropriated to the Crown and then sold off or transferred to lay institutions and individuals; Eton and some of the Oxford Colleges for example were built on such land. Liability for the upkeep of the chancel was transferred with it, and would run with the land thereafter.
If a property (commercial or residential) is now built on what was then monasterial land, it could be affected by chancel liability, and the Church could have a claim today against the owner(s) for the cost of repair.
Finding out definitively whether a property is affected, or what the extent of that liability might be, is not possible due to the lack of any central register or record open to the public, and the standard approach in recent years had become to insure against the liability.
Chancel liability has been subject to some debate for many years, and it has been recognised as unsatisfactory for a property to be subject to a liability that it is not possible for a purchaser to be aware of before purchasing. In the 1980s a Law Commission report recommending phasing chancel liability out, which the Church of England supported at that time. However, nothing was done about it legislatively until the Land Registration Act 2002.
The most well-known case involving chancel liability was Aston Cantlow PCC v Wallbank, which formed part of the backdrop to the 2002 Act. In short, the Church Commissioners sought roughly £100,000 from the Wallbanks in 1990 towards repair of the chancel of a mediaeval church. The Wallbanks fought the claim, taking the fight to the House of Lords where they were ordered to pay approximately £500,000 including costs.
The 2002 Act introduced a 10 year time limit – until 12 October 2013 - for the Church (and the owners of other similar manorial rights, such as the right to mines and minerals in some areas) to register a notice of a property's liability at the Land Registry.
The first purchase for value of a property after that date would then take free of that liability, although there would still be a risk of a notice being registered after 12 October 2013 but before the first sale for value. Campaigners at the time expressed disappointment that the reforms stopped short of abolition.
Most commentators and advisers have therefore advised that if a property is sold for value after that date, then chancel liability will fall away and there would be no risk of the Church lodging a notice against the property, and a purchaser for value today would not need to take out chancel liability insurance.
That is correct up to a point, however it has recently transpired that the Land Registry are accepting the registration of unilateral notices by the Church of England notwithstanding that a sale for value has occurred since 12 October 2013, or that a purchaser has the benefit of a priority search. The Land Registry argue that it is not for them to decide on the merits of a claim, but for the Courts following a registered proprietor's application for any such unilateral notice to be removed.
The presence of a unilateral notice to that effect is clearly going to have an effect on the marketability of the property, and a purchaser's willingness to buy it. It may also mean insurance is either not available, or only available at a much higher premium than would be the case without the notice.
It therefore seems that, despite the attempts at reform in 2002, which presumably intended to achieve a phasing out of chancel liability, a property owner could still be faced with a potentially expensive battle through the courts to remove a notice of chancel liability despite having bought a property after 12 October 2013 in the belief that chancel liability is of no relevance.
Unless and until further reforms are introduced (which they may be; there is still an active campaign for abolition, and a Private Member's Bill was introduced into Parliament in 2014 proposing abolition), the most prudent course would still therefore seem to be to consider taking out insurance against chancel liability, even where purchasing a property after 12 October 2013.
If you require more information about chancel liability or for any other property issues you may have please contact:
Kevin Manley
Associate, Property
Tel: 0151 600 3340
Email Kevin
Meet the Agriculture and Landed Estates Team
Monday 9th March 2015
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Realty - Issue 11
The Agriculture and Landed Estates Team has long-standing expertise in acting for the farming and land-owning community. The Team works closely with landowners, agricultural businesses, land agents, planning consultants, surveyors and other agricultural professionals. They draw on a wide range of experience and knowledge of both contentious and non-contentious agricultural issues for pre and post 1995 agricultural holdings and tenancies and all other aspects of agricultural matters.
The Team also offers a specialist service dealing with the transfer of property, tax planning and trusts for the farming community. Combined with this, the team also offers specialist advice on tax and succession planning for landed estate clients.
The Team
Rupert Jackson - Head of Agriculture
Rupert is a partner in our Real Estate Team with a wealth of experience in agricultural areas of land management and landed estates for individuals, trusts and companies advising on a wide range of estate management issues including complex rights, title, renewable options and other matters affecting rural holdings.
Charles Hansford - Partner
Charles is a partner with huge experience in all types of commercial property including landlord and tenant, sales and acquisitions, corporate support, development and renewable energy projects matters. Specialises in acting on landed estates and agricultural property and deals with matters ranging from farm and land sales and purchases to mines and minerals (both title issues and the grant of options and mining leases), sporting rights and fell rights.
Helen Ryan - Associate
Helen is an Associate and acts for a number of landed estates, including those with historic houses. Wealth of experience in dealing with the sale, purchase and mortgage of farms and agricultural land, property aspects of tax planning and succession, title and access problems, boundary disputes, Agricultural Holdings Act tenancies, Farm Business Tenancies and commercial leases, options over agricultural land with development potential and charity aspects of property transactions.
Hannah Carter - Senior Solicitor
Hannah is a Senior Solicitor in our Property Solutions team. Hannah acts on agricultural landlord and tenant disputes, adverse possession claims, rights of way and boundary disputes amongst many other matters relevant to the farming world.
The Team's services (with input from other sectors in the firm where relevant) include:
- Agricultural litigation and dispute resolution
- Employment
- Environmental including habitats/conservation, waste management. Environmental permitting including waste exemptions water pollution and nuisance (odour dust and noise)
- Equine matters
- Event management
- Farming partnerships
- Fell rights
- Health and safety including directors' duties
- Landlord and Tenant
- Matrimonial
- Mines and minerals
- Planning and development
- Renewables including solar wind biomass and anaerobic digestion FITS and RHI.
- Rights of way and boundary disputes
- Sale and purchase of estates, farms and agricultural land.
- Share farming
- Sporting rights
- Succession issues
- Tax and financial
- Tourism and leisure
- Wills and probate
An Unusual Approach to HMO Prosecutions … Brabners Discuss a Successful Recent Case
Wednesday 3rd December 2014
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Realty - Issue 10
The question of whether or not a property is classified as a house in multiple occupation under the Housing Act is usually fairly clear cut. However, a recent case in which Brabners were instructed gives cause for concern, particularly with regard to older buildings upon which conversion works may have been carried out some time ago.
Local Authority officers have a range of powers to inspect rental property and a range of statutory tools at their disposal to enforce against landlords and agents who permit tenants to occupy unsatisfactory or unsafe properties. Commercial landlords will be aware of the ever increasing amount of regulation impacting their businesses. In addition, Selective Licensing has cropped up in consultations around the country and in Liverpool, the confusingly named Citywide Selective Licensing Scheme looks set to be implemented early next year.
The Housing Act 2004 applies broadly three core tests as to whether a property is defined as an HMO; the "standard test", the "self-contained flat test" and "the converted building test". In addition, a property can be subject to an HMO declaration or defined as an HMO pursuant to section 257 of the Act which relates to "converted blocks of flats". This latter section proved to be problematic in the context of the case which we dealt with.
The Act defines a "converted block of flats" as a building or part of a building which has been converted into, and consists of self-contained flats.
If less than two-thirds of the flats are owner-occupied and the works undertaken to effect the conversion "did not then and do not now comply with the appropriate building standards," then the property may be defined as an HMO whether the owner or managing agents were aware of that position or not.
The "appropriate building standards" in the case we were instructed upon were, by reason of the date upon which the conversion works were carried out (prior to the 1st of June 1992), the Building Regulations in effect as at the 1st of June 1992.
The point, of course is that, if the local authority take the view that the property is an HMO, then the regulations applicable to HMO's apply – and the managing agent, Directors of the managing agent and registered owners are exposed to the possibility of criminal proceedings being brought for alleged breaches.
In the recent case the two owners of the "bricks and mortar" and the company thought to be the managing agent of the property were prosecuted, each facing eight allegations under the HMO regulations. Each allegation gave rise to a maximum fine of £5,000.
In this case it was not initially made clear within the evidence exactly how the local authority had determined the status of the property but in subsequent correspondence it was confirmed that the environmental health officer who had attended the property in response to a complaint from a tenant, had formed the view based upon his knowledge and experience that the property did not conform to "current" building standards.
During the course of further correspondence, it was pointed out to the local authority that the property did not need to comply with current building standards and that, as yet, the prosecution had failed to adduce any evidence as to why it was they held the view that the property failed to comply with the Building Regulations at the time of the conversion works or currently.
On behalf of the defendants, an expert surveyor was instructed and a trial was listed. On the day of trial the prosecution, having discontinued proceedings against one of the owners some months previously, offered no evidence against the remaining two defendants.
It seemed to be the case that the prosecution had failed to direct itself properly as to the black letter of the law and had failed to understand what it needed to prove in order to bring the case. Worryingly, as the case unfolded, it appeared clear that many similar cases had been dealt with on this basis previously and that, because landlords and agents are necessarily commercial creatures, many had taken the view that the allegations were not worth contesting – perhaps because in their respective cases fewer charges had been laid and the cost benefit analysis suggested a guilty plea as the most cost effective way forward. The prosecution in our case appeared to have assumed that its decision to designate the property as an HMO, seemingly for the purposes of permitting a prosecution, would go unchallenged.
Further, the prosecution failed to obtain, until the day before trial, evidence as to why they said the property did not comply with the relevant building regulations. Remembering that the prosecution needed to prove that the property did not comply with the regulations at the time of the conversion works (approximately 30 years ago in this case) and still did not comply with the regulations in order to define the property as an HMO, it was crucial that the prosecution adduce evidence as to why the building regulations were not met. In other words, what is actually wrong with the property by reference to the requirements of the regulations?
Until that point, the defendant expert had been left in the position of trying to "prove a negative". In this way, the prosecution seemed to prefer to allow the defendants to attempt to discharge an evidential burden that was not properly theirs to discharge. Even when some evidence was provided, it was apparent that it was not expert evidence not least because it relied, as evidence of non-compliance with the building regulations, upon matters which were not included within those regulations.
All of these issues were of course raised, and were sufficient to defeat the prosecution case, before the defendants put forward evidence of their statutory defence. The regulations provide that a Court may acquit a defendant where it finds that the defendant had a reasonable excuse for failing to comply with the regulations - the burden resting with the defendant in this regard.
This leads on to a more surprising aspect of this case – the fact that the prosecution had failed to ask any of the defendants for an account of themselves before prosecuting them. You might think it unfair to proceed with a serious prosecution case without having interviewed the defendants – without having given them an opportunity to provide their version of events.
Failing to understand the defendant's respective position before bringing criminal proceedings against them is at best unwise. How, for example, do you know as a prosecutor, that they are the correct defendant(s)? How can you assess their level of culpability? How can you assess whether or not they have a valid or "reasonable excuse" for not complying with the regulations?
In this case, had an "interview under caution" been conducted, it is highly likely that the prosecution case would not have been started at all.
You might think however that, where it fails to interview a defendant, the prosecution assumes the risk of coming away without a conviction, and that that is a matter for it. However, you should consider the fairly recent changes to the way in which criminal cases are funded. Following acquittal in this case, the individuals were awarded a defence costs order to be paid from central funds. The amounts which can be recovered under such order are strictly limited both in terms of fees paid to experts and solicitors and barristers costs. Usually no more than around 30% will be recovered. Any company prosecuted before the criminal courts, acquitted or not, will be precluded from recovering any of its costs. We should all of course remember also that the public purse paid for the prosecution.
Far better than to avoid the prosecution altogether, but that simply could not be achieved in this case because the prosecution did not allow an opportunity for the defendants to engage, give their accounts, and possibly persuade the prosecution that the case was ill-founded or that an alternative disposal would be more appropriate.
In this case all of the defendants were acquitted but the potential financial exposure of those involved ran to a maximum of £120,000 in fines, together with a substantial award for prosecution costs, lost time and expense of senior managers and staff and the defence costs. Nobody can put a price upon the reputational implications of course!
So, be aware, the status of a given property is not always clear. If your property is subject to an investigation by a local EHO you should seek advice at an early stage. In the case above, had lawyers been engaged early on, it is likely that proceedings would have been avoided altogether and much time and money saved.
If you require more information about any of the issues raised in this case or for any other regulatory matter you may have please contact:
Lachlan Nisbet
Partner, Litigation
Tel: 0151 600 3444
Email Lachlan
Termination Time for Troublesome Tenants
Wednesday 3rd December 2014
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Realty - Issue 10
A look at the Youssefi v Mussellwhite [2014] case
Landlords may well be well aware of their commercial tenants' 'right to renew' at the expiry of a lease and the narrow grounds upon which landlords are entitled to oppose such a renewal. However, the Courts have recently bolstered the position of landlords who want to be rid of tenants who have constantly breached their duties set on in the lease.
Whilst landlords have confidently been able to oppose a tenant's application for a lease renewal in the scenarios in which the property is to be occupied by the landlord, reconstructed or an adequate alternative is found, the ability to oppose renewal on the grounds of 'substantial breaches of a tenant's obligations' and 'other reasons connected with the lease' have proven to be a prohibitively vague basis for non-renewal.
In Youssefi v Mussellwhite [2014] the Court made findings which will have significant implications for tenants who seek to renew following breaches of their obligations. In the case, a 'combative and obstructive' tenant had unlawfully:
- Persistently refused to allow the landlord to inspect the premises despite serious concerns having been raised as to its use and the property's state of repair; and
- Failed to use the property for the specific commercial purposes set out in the lease.
The Court found that both of these factors operated to allow the landlord to prevent the renewal of the lease. However, the particularly interesting issue here is the background to these breaches.
It was not necessary for the landlord to show that these issues had caused a reduction in value of the property. It was also irrelevant that the tenant could have applied relatively easily to change the requirement to use the property as required in the lease and that the landlord would not have been able to refuse - the failure to allow the landlord access and to use the property for the specified commercial premises were both sufficient grounds for opposing renewal.
A further point to note was that the landlord in the Youssefi case also freely admitted that she did not want to renew the lease or seek another tenant; and instead, she wanted to sell the property free of any tenants. The fact that the landlord appeared to be motivated not by obtaining a better tenant but by preparing the property for a vacant sale was irrelevant - the tenant had failed to adhere to the terms of the lease, and this was sufficient to enable the landlord to oppose renewal.
Interestingly, whilst the landlord was ultimately able to prevent renewal, she also argued that the failure by the tenant to carry out his repair obligations was also sufficient grounds for opposition. The repair question centred on an overgrown 'creeper plant' which would cost £350 to remove. Ultimately, the Court found that this plant growth was the landlord's responsibility but ruled that, if it had been the tenant's responsibility, this failure would not be sufficiently serious to prevent a lease being granted.
The impact of this decision is that, provided that a tenant's breach of covenant is substantial, a landlord will be justified in objecting to the grant of a new tenancy, even if he cannot show any direct financial loss arising from those breaches. The 'nuisance value' of the breaches will often suffice. This might prove to be a useful tool when negotiating and dealing with troublesome tenants.
If you require more information about any of the issues raised in this case or for any other property litigation matters you may have please contact:
Jeff Lewis
Head of Litigation, Manchester
Tel: 0161 836 8872
Email Jeff
Empty Property and Business Rates: A Reminder - Attractive if you Need a Short Term Christmas Let
Wednesday 3rd December 2014
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Realty - Issue 10
Generally a property owner is liable to pay business rates on non-domestic buildings even if they are empty. In the case of property that is subject to a lease, then the property owner for the purposes of business rates will usually be the tenant.
If the premises are incapable of beneficial occupation then an application can be made to remove the premises from the rating list. Recent cases have confirmed that:
- The fact that premises are in disrepair does not render them incapable of beneficial occupation
- It is also not sufficient that occupying the premises could render the property owner liable to prosecution, e.g. on health and safety grounds.
A property owner can apply for exemption from business rates for a limited period if the premises are empty (for a continuous period of up to 3 months for offices and shops and 6 months for industrial premises). If the premises are then occupied or let for a period of more than 6 weeks then a new exemption period can be claimed. This can be attractive for retail property owners at this time of year when they may be able to find a short term Christmas let.
If you require more information about business rates on empty buildings or for any other property matter you may have please contact:
Paul Nicholls
Associate, Real Estate
Tel: 0161 836 8884
Email Paul
Property Partnerships: A Marriage and Divorce of Convenience
Wednesday 3rd December 2014
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Realty - Issue 10
It is increasingly common to find that separating spouses own the family home, buy to let property portfolio and business premises, often with the added complexity of the business premises being owned with other co-owners or leased to the family company, without a formal lease agreement in place between the spouses and the company.
For the family lawyer the first property consideration is the nature of the property ownership and whether the non-owning spouse's interests should be protected. In the case of joint owners, if the couple own the property as joint tenants should the joint tenancy be severed to ensure that each spouse's share of the property passes by their Will in light of their separation.
The next key consideration is the date of the separation to ascertain whether commercial property transfers can take place within the tax year of separation to avoid capital gains tax on transfer. This is often only possible where there is an agreed transfer of a business property or buy to let property portfolio, without complicated liquidity issues.
With the improvement in the property market and the continued limited returns on cash savings, family lawyers have noticed that separating spouses are increasingly open to the idea of maintaining joint ownership of commercial property, as neither spouse wants to relinquish their share in the business property as a result of the rental returns or because of the impact on the sale of commercial property on the family business that operates from it.
Continued post-divorce joint commercial property ownership is a very alien concept to family lawyers whose normal priority is to secure a financial clean break, especially when representing the financially stronger spouse, to prevent continued financial ties or claims for financial support. When representing a financially weaker spouse continued joint commercial property ownership is often seen, by the family lawyer, as a potential recipe for disaster as the financially weaker spouse may need to rely on commercial rental income leading to property law claims if there is a divorce financial clean break order in place preventing further family litigation.
For separating spouses who see the advantages of remaining in property partnerships, or at least agreeing to defer the sale of commercial property for an agreed period or until the development has been completed, the key is to combine a bespoke family divorce court order with a property partnership agreement between all the co-owners of the commercial property and, where necessary a formal lease between the company and the spouses or property owning partnership. If the spouses are to remain in business together as well as maintaining joint ownership of commercial premises these agreements need to be complimented by a shareholder agreement to provide checks and balances and protection for both spouses. In appropriate cases, in order to ensure that the financially weaker spouse is not left vulnerable as a result of continued joint property ownership the divorce court order can preserve spousal maintenance claims, to be revived if rental income is not paid for non-genuine business reasons.
Thinking outside of the standard family advice, that on spousal separation, commercial property must be transferred or immediately sold can be to spouses mutual benefit, provided the family, property and business and estate planning documentation is all in place to ensure that it is a property marriage of convenience, despite the divorce.
If you require more information about property partnerships or to discuss any other family law matter you may have please contact the Family team.


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aka Jean Baptiste Jules (Marshal) DEU POUEY; Prince of PONTE CORVO; General under Napoleon, made King to appease France, but later resumed war against France
Born: 1763 Died: 1844
Philippe of Belgium's 4-Great Grandfather. Grand Duke Henri's 4-Great Grandfather. HM Margrethe II's 4-Great Grandfather. HM Carl XVI Gustaf's 4-Great Grandfather. HM Harald V's 3-Great Grandfather.
Wife/Partner: Bernhardine Eugenie Desiree CLARY
Child: Oscar I BERNADOTTE (King) of SWEDEN (& Norway)


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Go here and check out some more Key Largo photos.
John came back today to take my place in scuba class. I totally bombed. It's just too scary. Mike finished all the skills tests today with flying colors. I drove to the airport to get my boy, stopping on the way home to watch the end of Mike's lesson while performing the chicken dance.
Anyway, Katie is home from Scotland after 2 weeks abroad. She has a cough, the leftovers of a rotten cold. She just called and is enroute to LaParilla with the Downs family. Everybody seems to begin their reintroduction to Marietta life in this way.
Wednesday, July 25, 2007
1 comment:
- Jennie B said...
We got to be with Katie at the "other" American must-have... LongHorn on Thursday night. She was filling our heads with tales of Scotland. She is one marvelous chick.
- Monday, July 30, 2007 at 1:21:00 PM GMT-5
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Once upon a time there were two French writers who shared credit for a fairytale that has been adapted into books, films, TV series, theatre and even musicals. We are talking about Gabrielle-Suzanne Barbot de Villeneuve (1695-1755) and Jeanne-Marie Le Prince de Beaumont (1711-1780) the two main responsible for The Beauty and the Beast. Madame de Villeneuve published her version with about 400 pages in 1740, while Beaumont did it in 1756 simplifying the novel into only 8 pages (and at the same time adding a different character for the main character's sisters, which can be more related to Cinderella's stepsisters), yet is this last version the most well-known one and from which have taken place most of the later adaptations. Anyway, as it happens with tales that come from the oral tradition, we could also search for the roots of this story in the Italian literature with one of the stories in Gianfrancesco Straparola da Caravaggio's The Merry Nights (not to be mistaken with the painter, they only come from the same village).
On the other hand, literature, as any other form of art, is alive and drinks from itself for inspiration. Therefore it wouldn't be strange to place the beginnings of this story in some myths of Greek's traditional culture like the love between Eros and Psyche, in which as it happens in Beaumont's tale the main character's sisters create a harmful situation for the captor converted into lover; or the myth of Hades' kidnapping of Persephone where the pomegranate plays the same role as the rose, signing the pact previous to the Stockholm symdrome. Both stories have some parts in common with the French tale like the kidnapping of a young lady by a monster (Hades is god of dead while Eros pure beauty, even being god of love, is unbearably extreme for human sight) for whom the lady will fall in love; but at the same time the youthful heroine will find herself divided between this new love and the affections for her family.
In that same way Beauty and the Beast has also inspired later authors, and we don't mean just the 1991 Disney feature animated film, which will see soon a life action re-make starting Emma Watson. Long before, already in 1771, Zémit et Azor was one of the first adaptations of the French production, an opera composed by André Gértry with lyrics by Jean-François Marmontel. Even nowadays television and film have produced many adaptations like the Autralian Beauty and the Beast (2009), where Belle helps Beast to unmask the real author of the murders he has been accused; the 2011 film Beastly based on the homonym book which places the action in a typical American high school in Manhattan; the American TV series Beauty and the Beast (2012) re-make of the 1987 one where she is a detective and he an ex-military; the Franco-German production Belle et La Bête (2014), more faithful to Madame de Beaumont's tale; or the most recent Spanish production: the modernized version for Antena 3 TV channel's series Cuéntame un cuento (2014) with well known Spanish actors Michelle Jenner and Aitor Luna.
We could also distinguish influences of this popular story in the 2013 film Warm Bodies, although the book by Isaac Marion in which is based has been more linked to Shakespeares' Romeo and Juliet insomuch as it is a love story between people from two enemy "clans": human survivors and the zombie plague (in fact the main characters are called R and Julie). But what makes us think of Beauty and the Beast is the fact that the zombie (which in this case is the monster) kidnaps the young human for the good feelings she awakes in him and, despite gaining a strong connexion with her in the process, at the end he decides is best for her to go back with her family; showing again the dicothomy between kidnapper and family.
And talking about kidnappings we cant avoid to include one of the biggest London West End's musicals. The Phantom of the Opera, based on the novel by Gaston Leroux (1868-1927), shows the peculiar relationship between a monster (the phantom) and a young dancer. The phantom takes the beautiful lady to his lair under Paris Opera house but decides to return her to civilization for her own good, although in this case the story adopts darker shades because instead of family she has a duke with whom she engages. That makes the phantom go mad and, besides some almost collateral deaths, kidnap the dancer a second time to make her his wife. We should remark here a little element that the musical and Antena 3 TV version of the story have in common: the mask. Both beasts hide their deformity with half a mask which at the same time represents a symbolic shield of the beast's feelings. Only when their Belles have seen the man behind the mask can the relationship start to flow humanly.
So we can see how the history of literature and cinema not only show us a load of love stories but also that in those fields it is very possible to kidnap the loved one. With different characters, settings and outcomes all this stories show us how being good comes with good consequences and at the end true love always triumphs… or not?


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Super Sellers Six
Tuesday, August 7, 2012
Glorieta Family Getaway
We took a night and went up to the Lifeway Conference Center in Glorieta, NM. It's only about a 45 minute drive from our house. It's a wonderful place to "get away from it all". We enjoyed some much treasured time as a family. Nestled in the mountains, we were greeted with cool temperatures. It was a nice break in the middle of our hot summer!
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Humanity in Sin Part 57: Jacob Blessed Joseph's Two Sons
Passage: Genesis 48
Joseph never forgot about being filial after he became the prime minister. When he heard that his father was sick, he brought his two sons before Jacob. Jacob considered Manasseh and Ephraim his sons and the rest of Joseph's sons after that would be his own, so Joseph received double portion of his inheritance. So Manasseh and Ephraim became two new tribes of Israel. The tribe of Dan was missing in the book of Revelation. It was because this tribe worshipped idol and was expelled from the tribes of Israel.
Jacob specially loved Joseph so he established Joseph above all his other sons. Joseph put his elder son Manasseh on the right side of Jacob, and the second son Ephraim on his left side. But Jacob crossed his arms so that he blessed Manasseh with his left hand and Ephraim with his right hand. Joseph was not pleased and tried to correct his father, but Jacob said he knew what he was doing, and would indeed bless the younger son more.
Human beings tend to follow natural status to make decision. But God's plan often transcends the will of man. Jacob experienced that for himself. Esau was the firstborn son of Isaac, but God blessed Jacob. Instead of just following the natural law, Jacob wanted to bless whom God wanted to bless. Joseph was not able to see God's sovereign will pertaining to his sons. Based natural law, it should be Reuben who received double portion of the inheritance. But based on God's guidance, Joseph received it although he was the 11th son. God's sovereignty was above our freewill.
We need to learn to open our heart to His ways that are above our ways. If God wants Ephraim to be ahead of Manasseh, in the position of Joseph we cannot interfere. If God wants the younger to overtake the older one, we have to submit. His authority cannot be surpassed by any other authority.
God never forbid us to have the desire to do great things. The Lord Jesus said that if we want to be great, we need to become a servant of all.


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It turns out the "he" hired by the Cedar Rapids Civil Rights Commission a couple weeks ago is Karl Cassell, director of the Jane Boyd Community House. But if you're hoping to hear wisdom from the new executive director, you'll have to wait. From this morning's Gazette:
The Cedar Rapids Civil Rights Commission last night introduced Karl Cassell, executive director of the Jane Boyd Community House, as its new executive director – then denied all interviews.
Cassell, 34, who was born in Liberia and grew up in Cedar Rapids, is scheduled to start his new job Dec. 15. He has helmed operations at Jane Boyd since May 2004.
Commission Chairwoman Miriam Amer said last night she would not allow The Gazette to interview Cassell because all of the paperwork had not been signed.
Cassell said last night he did not feel he could speak until after he takes office.
For those of us hoping that the new director will be a strong presence that could grab the reins and steer the commission out of the ditch, this was a disappointing introduction. Will Cassell he be a forceful voice for change or will he only speak up when when the commission allows it?
I guess that will be something to ask Cassell when the chairwoman finally allows him to be interviewed.


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Last night's trip to the Hamam (Turkish Bath) was a fabulous experience for Pat and me. Not so for the boys unfortunately as yesterday turned out to be a girls only day. Pat (who had never had a Turkish Bath) and I enjoyed a few hours of Sauna, scrubbing, washing and massage. Water was poured over us starting at body temperature and gradually working down to ice cold, making the experience both relaxing and invigorating. We were squeaky clean and soft as silk by the time we floated out of there. Andrew and Ron could have gone today only we had a day trip booked. Perhaps they will get a chance to enjoy a Hamam before we leave Turkey.
Today we went on a bus trip to see St Nicolas's Church built around the 8th Century, (Ron claimed to be upset finding out that Santa wasn't true). The ancient city of Myra with it's Lycian Tombs and Greek/Roman theatre built 200BC. We then went on to lunch at a trout farm high in the mountains. The food of endless warm Turkish bread, gorgeous salads and a whole trout per person was magnificent. After lunch we went on to the Lycian city of Arykanda dating back to 2000BC. It was perched high on a hilltop with sweeping views of the valley below. The city, although decimated by a earthquake in 141AD was still in remarkable condition.
We arrived back at the boat at 5.45pm and before attending the cocktail party at 7pm, we had enough time to give the boat a wash with fresh water in preparation for leaving first thing in the morning. The cocktail party was hosted by the Finike Marina as a Public Relations exercise for the Rally. Drinks and nibbles were in abundance and before the evening was over, the people celebrating a birthday were presented with a birthday cake. Pat and Ron had just left the party and were back at the boat when Pat's name was called. So I doubled for Pat and accepted the birthday cake thanking the organizers for the unexpected acknowledgement.
Tomorrow morning we head out at 4.30am to travel down to Kemer. This is a 45 mile trip and the weather forecast indicates that we will be motoring most of the way due to lack of wind. However one can never be sure, we will see what tomorrow brings!
It is now 10.30pm so I must away and get some sleep.
Attached photos:
Andrew and Ron at the Santa monument at Demre.
Ron, Pat, Clare and Andrew - lunch at Trout Farm.
Theatre at Arykanda with spectacular view.
Pat's birthday cake after attack.
Love CANDY


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Employers fined for failing to pay the minimum wage
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Subrosa - thanks for drawing people's attention to this - in particular for the link to INDECT.
For anyone who is interested, the outline of Work Package 4 in the INDECT project - which covers: "the development of key technologies that facilitate the building of an intelligence gathering system by combining and extending the current state-of-the-art methods in Natural Language Processing"
was leaked to Wikileaks some time ago. You can download it here.
For anyone who doesn't know how these EU funded research projects work - each project is broken down into specific work areas ('Work Packages'), usually with one particular institution in the research consortium taking the lead on that WP if they have a specialisation in that area (in this case, the University of York - bastards).
This document does not give the final specification to INDECT - the project is still ongoing and this is simply unknowable until it comes to an end. However the above document is very detailed and gives great insight into INDECT's methodology - sufficiently so that it is possible to counter it.
Sorry to use your blog as an advertising platform for this Subrosa - however there's no other way to get this information about:
For anyone interested I am working on two applications that will provide the basis for beginning an active resistance to this kind of passive surveillance.
The first - which is almost ready for beta testing and will be available within a few weeks at the domain: censoring.me - I still need beta testers however. The application is a reporting mechanism for people to report when they have been censored online; the primary targets are mainstream news websites and blogs run by people who hold high office (MPs and above). Any help testing would be appreciated; I pretty much have the technical side in the bag but really need to tune the user interface and work out the specific functions the site will offer.
The second is a very in depth piece of computer science. I have been submitting it as a research proposal to several universities and have been getting a lot of interest. I can't share many details of it openly because it is a novel idea that hasn't been capitalised on yet. If I can get this application working as a prototype I can expand its capabilities to provide a distributed piece of software that will enable its users to run active interference on any attempts - such as INDECT to passively monitor them. I'm happy to share the proposal with anyone interested in working on it with me - *please note* - I am actively seeking funding for this project and aim to do so (if I am persistent) within a year. Also I'd ask anyone who reads it to give me a promise of confidentiality until a prototype application is ready to roll.
Anyone who is interested in either of these, please contact me on:
katabaticwinds AT gmail[NO SPAM] DOT com
^ remember to removed the [NO SPAM] from the email addy above (email farming spiders are continually improving).
Tuesday, 10 August 2010
Beta Testers Required
Subrosa - thanks for drawing people's attention to this - in particular for the link to INDECT.
4 comments:
- Witterings From Witney said...
Have commented and posted on my own.
See what you think of the idea.....
- 10 August 2010 at 22:22
- subrosa said...
On my way WFW.
- 10 August 2010 at 22:24
- john said...
Beta testing is the tough part of testing and for getting expertise in it,you can get the help from online software testing tools.
-online testing
- 13 August 2010 at 19:40
- subrosa said...
Thank you John. I'm sure Katabasis has read your comment.
- 13 August 2010 at 23:08