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This story is every word the truth. I never in my wildest imagination expected anything so wonderful to happen to me. Pingsi really loved me as I loved her. She gave me the best of times while they lasted and it was the hardest thing I've ever done to set her free. I met her on July 17 and put her on a "727" August 18. Our love affair was very short but she gave me more in that short time then anyone ever has in my entire life time.
I'm going to tell you a real love story about an outstanding lady that recently came into my life. This lovely lady was much more the just a falling star she was a blast of stars from the whole galaxy. Her outstanding beauty and affectionate personality completely captured my heart and soul and left me in a dizzy blissfamy (The prison of love).. What can I say? I'm still stunned by the splendor of her individuality. All I can say is she brought out the little boy, young man, Lover and Saint in me.
One month ago almost to the day I walked into Zion's Bank to talk to somebody about refinancing. The lines were long so I had quite a wait. While waiting in line I couldn't help noticing a new girl behind one of the desks. My God she was enchanting. I couldn't help staring at her, she had me mesmerized, every once in a while she'd catch me watching her and I'd have to look away in embarrassment.
I don't know how to describe it but everything about her had me caught in a magic spell, her engaging smiled, her every delightful movement, the musical splendor of her voice and most of all her extraordinary beauty.
When I reached the end of the line she beckoned me over to her desk. She was so completely enchanting that I forgot what I'd come to the bank for. When I opened my mouth nothing would come out and finally after regaining control of my vocal cords I mumbled, I came here specially to see you. She laughed and said my names Pingsing and that broke the ice.
We talked for about 30 minutes and it was for sure I'd made a very special friend. I forgot to mentioned the real reason why I'd come to the bank. That would have to be put off until another day.
When I got home all I could think about was her, I wanted to hold her and hug her and kiss her and love her. There is no doubt about it she had captured my heart hook, line and sinker. I was as excited as a little kid under the tree on Christmas morning.
For the rest of the day her lovely face materialized where ever I looked. She was on my TV, my computer, my doors and my walls and the ceiling. She was everywhere I happen to gaze. I was completely enthralled by her presence.
Finally when I came back to my senses I realized that Pingsing could never be more than a friend, after all I was more then twice her age. The only way I could ever have her would be in my dreams and my fantasies'. But even knowing didn't help because I was burning up with desire. I never felt this way about any other women before and I was married and loved a wonderful woman for 26 years.
That night I couldn't sleep just thinking about her. The more I thought about her the more in love I became. Finally I sat down and put my feelings to rhyme. This is what I wrote and what I felt at the time.
I Call Her Pingsi
I met the fairest maiden . . . In a West Valley town.
She was a gleaming orchid. . .in a Godly woven gown
I know I won't forget her. . .as long as I may live
For she was the fairest flower. . that God could ever give.
Beautiful and lovely. . . and as charming as could be.
I knew I had to have her. . . that she was meant for me.
Her lips were sweet and tender. . and filled my heart with bliss
I knew I had to hold her close. . and I longed for that first kiss.
She was mine for just a moment and she stole my heart away.
Now she's vanished into nowhere. .Left me in dismay.
How can I live with out her. . .She was right for me
The fairest maiden of them all. .Is now just history.
I know I can't forget her . . . And it's plain to see.
That she'll always be in my heart as a lovely fantasy.
As you can plainly see it was love at first sight you should also know that I was completely blinded by my feelings. After living so many years alone, had love made that magical entry into my lonely life.
The bank where Pingsi worked happened to be located in the store where I bought all my groceries. For the next few days I made more trips to that store then I usually make in two or three months. I bought flowers each day and put them on her desk with no note but I know she knew they were from me. Finally out of desperation I asked her out to lunch and was shocked and surprised when she said she'd love to go. That was the beginning of the most beautiful and exciting love affair of my entire life.
Right from the start I was aware of the vast years that separated us in age not in mind. I tried everything to justify our togetherness. I even wrote letters to my closest friends asking for advice and their opinions. I guess I was hoping that they would say it's all right, love conquers all. I wrote the following note to a friend hoping that the reply would be, go for it my friend.
Note to a friend;
It's not really lust it's love and I won't let it get out of hand but she makes me feel like I'm 30 again. Her name is Pingsing and she's a real sweetheart, beautiful and smart. She's been my friend and companion for about three weeks and I'm really having a ball. I guess the easiest way to describe her is that she is very caring compassionate, real passionate and loving and has a lot to offer that special deserving someone. She's been hurt in the past so I guess it's fair to say that she's come to me on the rebound. Believe me , I'm not foolish enough to actually think that I'm that special deserving someone but I've been here for her and she's been great for me. Hell, I'm 40 years older then she is but right at the present I'm as good a lover as any man her age, so is it wrong to want to enjoy it as long as I can. I can give her the best for a while and then let her go. Don't you think that having the best for a while is better then never having had the best at all?
By the way she's an oriental girl and there's no way in the world that I can pronounce her oriental name. That's all I have to say except I care enough to let her go if and when she finds that very special someone.
Pingsi and I did things together that I haven't done in years. Her likes and dislikes were the same as mine. We went bowling, to the movies, to art galleries, horse shows and fairs. We took long walks with my animals and had lunch in the park Everything we did together turned out to be real special. Everything together was heavenly and divine.
Pingsi would do things just to give me happiness and pleasure. I know she was falling in love with me and I definitely had fallen for her.
Most of the people I knew frowned on our affair and called me that dirty old man. I was always writing notes trying to get the approval of my closest friends. Here's another plea from my heart trying to get them to understand.
This lady is something real special. Last night while I was working She did my laundry and cleaned my house up as neat as a pin. This morning when I got home she had breakfast waiting for me (steak and eggs and biscuits smothered in home made gravy.) She stayed at my house last night but she's not living with me.(Not yet anyway). She has a roommate that parties a lot so she likes to come over to my place and watch TV and play with Lady and Charley. She has a sister age 36 who's married to a guy 22 years older than she. She tells me that in her country it's not unusual for women to marry men much older then they are. But damn it, I'm old enough to be her grandfather. As a matter of fact I'm 20 years older then her father. This morning you asked me what was going on with me and my new lady friend well, she's still just a friend but she shows me more affection then any one ever has. Last Sunday we went bowling, to dinner and to a movie, the first time I've done anything like that in years. When I took her home we sat in the car and talked for hours. I even got in a little smooching. No I haven't made love to her yet, but I'm ready when ever she's ready. Ready and willing and willing and willing. When I'm not with her I dream about making mad passionate love to her and taking her all around the world, if you know what I mean.
I sent this message trying to be as macho as I could be, but deep down inside I wanted somebody to agree that it was alright for Pingsi and me.
Pingsi is fixing an authentic Chinese dinner for us tonight. A few of my friends will be here and I think we're going to have a gourmet delight.
Pingsi just walked into the room so I've asked her to introduce herself and add a little something nice to my story.
Pingsi's note;
hi , im sitting here with cashman and he asked me to type out a short message. my nickname is pingsing but cashman calls me pingsy. i like it when he calls me pingsy the way he says it is cute. i work at zions bank as a teller and go-fer. the bank is in the smith store where cashman buys his groceries. i'm a native American (born in the USA) but my family comes from Taiwan. they lived in Nanjing and still call it their home. my father owns a furniture company in Taipea, Taiwan's largest city. cashman is the nicest and sweetest person i know. . cashman wanted me to say hello, so hello from me.
If someone loves you,
love them back unconditionally,
not only because they love you,
but because they are teaching you to love
and opening your heart and eyes to things
you would have never seen or felt without them
From the moment I saw her, to the moment I met her, to the moment I dated her, to the moment I made love to her, they were all moments to remember. She was, is, and will always be the best of the best things that ever happened to me. I cherish all of the wonderful attributes that make her what she is and will always be.
I was comfortable with life as it was; I had the love of my friends, the love of my animals, and the love of my God. What more in life could a man want? I thought I had it all. Oh how wrong I was, you see the love of a good women is the best thing in life that there is. I was always the one to give love and I thought that was the way it should be but to be loved and adored by a very special women is the most wonderful feeling that God gave to man. To be loved for no other reason then love is unconditional and that's what I had, and that's what I felt. And the feeling was the most marvelous feeling, in all of the world, the universe and well beyond.
What I had with Pingsi was not just an affair; it was the kind of affair that people have dreamed about since the beginning of time. It fulfilled my ultimate needs and gave me the strength to carry on.
The affair had to end because of the difference in our ages, and I knew that well. Oh how well I knew that! I knew it would be selfish of me to let it continue on. The decision had to be mine and not hers because wisdom comes with age. I also know that her culture respects the wisdom of time.
Mid week in our last week together I told her I was cutting all ties and setting her free. I told her that I knew she loved me and that it was my love for her that directed my decision. It was by no doubt the hardest love that anyone can give to another. I was so relieved that she accepted my wishes but that was the kind of women she was, she is and will always be. That was my Pingsi…
Two nights later she called me and told me she was going back to Taiwan to work in her family's business and she wanted me to grant her one last favor (she called it a wish). She said her plane would depart Monday morning at three and that she wanted to spend her last weekend in the USA with me. How could I say no? The truth is I really don't want her to go but I know that it's something that has to be. I want her to find someone closer to her age, someone to show her true love and be there to map out her destiny. For me...It has to be enough to know that she loves me and that I'll always have a small part of her heart. I know that no matter where she goes and no matter what she does she'll find happiness because that's the way she is. So I promised her a weekend that she could remember for the rest of her life.
Saturday night we spent most the night talking, hugging and kissing. We laughed, we cried, and we shared each others thoughts and emotions. At midnight we danced to our favorite song under the stars, on the lawn, in my back yard. We danced until two in the morning and then laid down under the weeping willow tree cuddled gently but tightly in each other's arms. We slept there until dawn.
Early Sunday morning we went to breakfast at the Hilton. The hotel has two restaurants we dined at Trofi's. The servers had promised me that they'd make our breakfast a real special event and I knew they would because they're all friends of mine. We had a magnificent breakfast and then I gave her a grand tour of the hotel all the way from the parking levels to the roof top. The view from the roof top is much better at nights, with all the city lights, but it's a beautiful view anytime of the day. Afterwards we took a long walk through the downtown city streets and we even visited the temple grounds. When we got back to my place we had banana splits at the picnic table in my back yard, watched an Elvis show on TV and played with the computers the rest of the day. It doesn't sound to exciting but for us it was perfect. In the evening we had a candle lit dinner for two each of us sharing in its preparation. We even fixed something special for Charley and Lady our four legged friends. We went to bed early because we had to get up at two to get to the airport by three.
We both had tears in our eyes as we said our goodbyes and she boarded her plane.
I went straight home after seeing her off. Since I work graveyard at the Hilton I usually go to bed about noon and sleep until 6 or 7o'clock. But I got home at 4 o'clock went right to bed and slept all through the day until 8 o'clock that evening.
When I woke up I realized that I hadn't lost Pingsi she'd been with me all day. She was there in my dreams and I dreamed of her the whole day through. She was my fantasy but to me she was as real as real can be. Now I know when I go to bed thinking of her I'm going to be with her.
That evening, before I went to work, I wrote a little jingle that describes how I felt. I wrote several verses but this one says it all;
Only in my dreams can I enjoy the magic of your charms.
Because when I dream you're right there in my arms
Only in my dreams can I enjoy the magic of your kiss
Because when I dream you belong to one and only me
So when I dream, I dream of you the whole night through
I dream of you, of doing all the things you want me to.
You are mine and I am yours but it is just a fantasy.
It's only in my dreams and it's only bliss for me.


text: iStock RELATED ARTICLES Govt unpacks plan to boost economic development Budget in a nutshell: New hope amid VAT and other tax hikes LIVE: This is a tough, but hopeful budget - Gigaba #BudgetSpeech2018 Cape Town - Major risks to a better economic outlook remain, and a sustained recovery in GDP growth depends on extending the current upturn in business confidence. The budget labelled continued policy and political uncertainty, as well as further deterioration in the finances of state-owned companies, the largest risks to the economic outlook. Other risksThese include:A further downgrade of South Africa's local-currency debt, resulting in the country's exclusion from the Citi World Government Bond Index. This would result in higher risk premiums and trigger some capital outflows, leading to an increase in borrowing costs, exchange rate depreciation and further deterioration in economic activity.A weaker-than-expected rand exchange rate or higher administrative price inflation (for example, water or electricity price increases). Higher overall inflation would reduce South Africa's competitiveness and negatively affect trade, and decrease the purchasing power of domestic consumers and businesses.A severe contraction in the Western Cape economy due to the water crisis, which would threaten employment in agriculture and tourism. Calculations by National Treasury show that every 1% contraction in the economy of the Western Cape subtracts 0.2 percentage points from overall growth.Visit our Budget 2018 Special for all the news, views and analysis.* Sign up to Fin24's top news in your inbox: SUBSCRIBE TO FIN24 NEWSLETTER share:

subset: commoncrawl


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How Weather Station Works
A weather station is a highly specialized product which can help us in performing a plethora of activities ranging from gauging the weather to conducting research analysis.
This device collates information pertaining to atmospheric condition surrounding its stationed spot.
Thus, the weather station which has been placed at your home can provide you with real-time data pertaining to your neighborhood weather metrics.
Most of us think of a weather station as a highly technical gadget using sci-fi sensors for climate prediction.
However, in reality a weather station brings together multiple weather measuring tools for estimating the climate condition with precision.
Today we are going to take a look at the basic tools used by a weather station for recording and displaying data with optimum accuracy.
This temperature measuring apparatus can record data pertaining to average, low/high as well as indoor/outdoor mercury levels.
The readings received by its temperature sensors get readily converted into meaningful information which can be comprehended by weather stations.
In most cases the thermometers can operate over a range of 100 feet and can even be combined with a small solar panel to dodge battery usage.
The temperature sensor of a thermometer can be further subdivided into three parts:
Thermistors are active resistors which can quickly respond to temperature fluctuations. It is crafted using metallic oxides stored inside glass or an epoxy solution.
Thermocouples comprise of two metals which come together to deliver a measurable voltage which changes every time the temperature moves upwards or downwards.
The electromagnetic system used by thermocouples depends on the position of joining of both these two metals which assists with its correct functioning.
PTD is made up of platinum or similar metals. The level of resistance inside the metal alters in accordance with the changing temperature.
Just a slight alteration in electrical response is enough to signify one-degree adjustment in local temperature level.
This device assists in measuring the atmospheric pressure and thus serves as an extremely crucial part of the weather station.
You can easily analyse the alterations in atmospheric pressure by taking a look at its historical data over a particular surface area.
A barometer sensor typically uses pressure and force for measuring the atmosphere.
The level of resistance is electrically detected by a semiconductor or metal for indicating the pressure level.
The final indicator reveals a voltage level which gets converted into digital form.
A weather station uses the hygrometer for gauging the level of humidity present in the air.
It can provide important information like both relative and absolute humidity as well as percentage of humidity.
The hygrometer is usually placed in close proximity to the thermometer as humidity levels is influenced to a great extent by the temperature.
This capacitor features a sensor using metallic electrode and polymer layer.
Tiny rain molecules are absorbed by the hygrometer to cause a reaction in accordance with changing humidity levels.
This device assists in measuring the direction and speed of winds at a particular point of time. The design of an anemometer can be further sub-divided into three categories:
Sonic Anemometer
It sends wind related information by utilizing ultrasonic waves.
The device is intelligently positioned with its erect points directed towards the sky and ample spacing between them.
The ultrasonic waves change speed in accordance with the blowing of wind between the two points.
Data collected from all the points are used to determine the final figures.
Propeller Anemometer
This comprises of a weather vane as well as a propeller. The wind is picked up by the wind vane which moves the propeller in similar direction.
Anemometer (cup shape)
It comprises of three cups which can effectively measure the speed and direction of wind. The extra vane helps in confirming the wind direction for extra precision.
Rain Gauge
This simple device can help in measuring the level of rainfall experienced by a particular area. Rain gauge can also be of different types depending upon its working mechanism with the tipping bucket being the most popular one.
With the growing unpredictability of climate conditions, a weather station can serve as your ultimate nirvana in preparing yourself accordingly to make the most of your daily work appointments.


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The International Masonry Institute (IMI) is a strategic alliance between the International Union of Bricklayers and Allied Craftworkers and the contractors who employ those members. Through education, technical support, research and training the IMI works to provide a more efficient construction delivery system.
Team IMI consists of architects, engineers, construction managers, skilled craftworkers and instructors, offering what no other group can: expertise in training, craftsmanship, design, installation and marketing. That means buildings built by union craftworkers and contractors get built the right way.
IMI representatives offer technical support, education and information about all masonry products, systems and performance. Call or contact us today for your masonry and construction needs.
Caryn is CEO and President of the International Masonry Institute and of the International Masonry Training and Education Foundation.
With over thirty years of experience in the masonry industry, David directs the Marketing, Industry Development, Research and Technical Services programs at IMI.
Cris is the Chief of Staff at the International Masonry Institute and also works with the International Masonry Training and Education Foundation. (more…)
Roy is an Associate of the American Institute of Architects (AIA) and a Professional Associate of the American Institute for Conservation of Historic and Artistic Works (AIC).
Jonas began his masonry career in 1991 after graduating from the IMI pre-job program at the Golconda Civilian Conservation Center then joined BAC Local 4 IN/KY. (more…)
Elizabeth is a communications professional and content strategist passionate about helping organizations tell their stories.
Eva joined the IMI Team in 1985 following a five year career with the U. S. Department of Justice and in 1990 became IMI's Office Manager. (more…)
Marcy joined the headquarters staff in 2013 and quickly became a valuable member of Team IMI. (more…)
Joseph has over 20 years of masonry experience as a member of BAC Local 4 IN/KY. During his career, he has worked as a journeyperson, masonry superintendent, and masonry instructor.
Maria is a registered architect, licensed builder, and LEED accredited professional with over 25 years of industry experience.
John has over 25 years of construction industry experience is in architecture, construction, marketing and sales. (more…)
Pat is a registered architect in Wisconsin with expertise in masonry plan and specification review, designing and detailing durable masonry walls, (more…)
At his AIA Fellowship investiture, the American Institute of Architects stated, "Through education and service, Scott Conwell has equipped thousands of architects (more…)
Jeff holds a Bachelor of Science in Architectural Engineering with a major in structural engineering from Milwaukee School of Engineering.
Tom has worked for three decades in the construction industry in project management, as well as field supervision.
Sherry provides design and technical assistance to architects, engineers, contractors, building owners, and other construction professionals in Upstate New York.
Patty helps to plan, organize and schedule local programs for Connecticut and Rhode Island. She also assists the IMI Directors in (more…)
Craig has over 20 years of experience in the construction industry, specializing in the trowel trades and working in technical sales, sales management, and on national specifications for one of the world's largest manufacturers of construction and masonry products.
Teri coordinates marketing and training efforts and programs in the Illinois Area Office by supporting the local Director of Industry (more…)
Dan is a member of BAC with 15 years of experience in bricklaying and PCC work. Key interests include constructability, structural systems, material science, and weatherproofing systems.
Tonia has over 20 years of marketing and association experience in the construction industry with 11 years focused on masonry.
Ron began his career in the masonry and tile industry in 1984 with Spaulding Brick, a Boston brick and tile distributor.
He later went on to work as a regional manager for Crossville Inc., served as a vice president of sales for Florim USA, and a technical sales representative for Mapei before joining IMI.
Mark is a Licensed Architect, NCARB Certified and LEED Accredited Professional who brings years of experience working in a design-build environment delivering BIM solutions. (more…)
Brian has an Architectural Engineering degree from Penn State University and is a Licensed Professional Engineer in Pennsylvania and Virginia.
Amy is a licensed Professional Engineer in Washington, Wisconsin, Minnesota, and Oregon. Her background combines architecture, historic preservation, and civil engineering materials.


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Khao Laem National Park
General Information
Khao Laem National Park covers the surrounding fertile forest of Khao Laem Reservoir in Sangkla Buri and Amphur Thong Pha Phum , which suit for tourism and recreation. Khao Laem National Park is one of the five National Parks that was setting to honor the 60th Year Anniversary of King Bhumibhol on the 5th December 1987, with total area of 1,497 km2
The landscape of the park is steeply limestone mountain run on north-south axis. It is the water source of Kwai Noi River and other important rivers.
The area is in tropical climate which influenced by southern wind and Andaman sea wind and divided into three seasons as follows.
The rains from June to October, heavy rain from July to August
The winter from November to January with lowest temperature is about 10 degrees Celsius.
The summer from February to May with highest temperature is about 37-38 degrees Celsius in April.
Flora and Fauna
The park consists of mixed deciduous, hill evergreen and dry evergreen forest, which are the wildlife habitats, for example, bear, tiger, guar, elephant, sambar deer, barking deer, wild pig and birds.


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For our 2019 Corium x Black Friday edition, we've pulled out all the stops. Check out how much you'll be saving, the items that will be on sale and how much they'll go for. With more than 2 000 goodies on sale, prepare to shop non-stop! What a year it has been! Corium continued to … Continue reading It's #BlackFriday Mania: 33% to 50% off sale stock.
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We Have Rebranded – Corium Naturals Sports A New Look!
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Corium Joins Beauty Forces With Nilotiqa For The #GoodSkinGoodHair Series
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Repair Damaged Skin with the Activated Charcoal Peel Off Mask
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Correct Dark Spots and Soften Scar Tissue with Rosehip Oil
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Contact Us
Placement Madad
Office No.07,JK Market ,Railway Road Muradnagar, Ghaziabad (201206), Muradnagar, Uttar Pradesh, India
Mobile : +91-7017828934 , 7302959131
Call Us : 08048057507
E-mail : firstname.lastname@example.com
Placement Madad is a placement agency engaged in providing reliable data entry services to the organizations across Noida (India). Owing to our years of experience in this domain, we are capable of providing efficient and well-trained data entry professionals to the companies.
Our professionals comply with the company's norms, rules and regulations while entering the data in the records. They not just maintain records but also take care of the protection of the data. So, call us anytime for outsourcing data entry work conveniently.


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Patient Testimonials
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I have been going to Healing Hands PT for a few months now and every person there is simply wonderful. It is so peaceful and serene. The therapists know their stuff and have helped me so much. I would recommend them to anyone who needs PT.
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The best all around physical therapy I've ever received. They treat all the causes, not just the symptoms and have super therapists and office staff. I went in feeling pretty awful and they made an immediate positive impact and I'm feeling stronger and just fantastic now. Feeling so lucky to have been referred to them and I highly recommend them! Thanks Healing Hands!
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I suffered from vulva and perineum pain for many years. My yoga teacher suggested I might benefit from pelvic therapy. A google search led me to Healing Hands, a different environment from the normal physiotherapy clinics. This is a safe place for women who have suffered sexual abuse to connect with kind, understanding, well-trained therapists eager to help and support the journey to physical/emotional/spiritual recovery. My therapy was complicated by the need for a hip replacement and my therapists at Healing Hands helped me with a post-operative return of strength, flexibility, and balance, always incorporating the need to achieve proper pelvic alignment. Once the hip therapy concluded, we were able to return to a focus on pelvic therapy. It's never too late. Even 50 years after the traumatic event, Amira, Ashley, and Katie are lovingly supporting me in healing from the very long-term physical effects of trauma.
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Healing Hands has provided me with so much relief from my TMJ problems, and even discovered other neck issues that have been contributing to my pain! I have been to several dentists and physicians in the past, and this is the most relief I have had in years! Amira, Katie, Karissa, Melissa and the rest of the staff are all extremely caring and knowledgeable. Amira is highly trained in this area, and puts so much care and effort into each session. Katie definitely complements Amira, and they both work so well together to ensure you are comfortable throughout the entire treatment. I can now enjoy foods I wasn't able to eat before, and have been off of pain medications since I started therapy. Thank you Amira and the rest of your amazing staff for all of your hard work! I would definitely highly recommend them to anyone suffering from any pain!
Nada F.
At Healing Hands, I found relief for a painful shoulder injury that had been bothering me for a long time. They were thorough, they found the root cause of my pain and tailored the therapy sessions accordingly. Not only did my shoulder get better but I also got to understand my body better. I learned stretches and other tips that I now use daily to keep my shoulders strong and flexible. Scheduling was also flexible and it was very convenient for me because I could only go for therapy sessions during my lunch break.
Nixon O.
I have struggled with chronic pain for most of my life, from which there is little relief, from a combination of rotational-scoliosis, 3 x congenital cervical bone fusion and having T6+T7 fused from a car accident and the desiccation of most of my lumbar disks from the combination of all of the above. The ladies at Healing Hands have helped me tremendously in being able to strengthen my body and develop practical and personal methods to help me deal with pain as well as open up to me NEW ideas on therapy. Life is about quality as well as quantity, and after only a few months of help I can say with absolute certainty that my quality of life has greatly improved thanks to the combined expertise of my team of caring and enlightened therapists. Thank you from the bottom of my heart. I wish I had come here sooner.
Patrick B.
For over 10 years I have had episodes of chronic night pain in my left shoulder. The episodes of night pain over the last several years had become more frequent and lasted over longer and longer periods of time. I had on several occasions during this period tried physical therapy. The physical therapy was never of any help until I went to Healing Hands. In the past I would be forced to terminate the therapy because it increased my pain levels at night. After the first session with Amira, my shoulder was simply in a "better place." Healing over the several weeks of therapy has made my shoulder more robust and I can now exercise the shoulder without getting any night pain. It's given me my life back!
Tom W.
I injured myself during weight lifting and the pain and headaches were so intense I almost went to the ER thinking I had meningitis. My doctor recommended Healing Hands. I called and was immediately slotted into a therapy schedule.
The entire staff is to be commended for the attention I received. My therapist, Barb, was knowledgeable and very much involved in my treatment as well as educating me regarding the correct way to do the workout routine I was used to.
I am now, after my last visit, again working out with weights and running a couple of miles every day.
I highly recommend Healing Hands…. a bright, very clean and welcoming atmosphere. Great people and got the results I hoped for!
Stephen S.
When I was looking for a physical therapy place, I noticed that Healing Hands had a perfect 5.0 star review (from 34 reviews). After going there for the last several weeks, I understand why. This place is wonderful. I had and severe issue with muscle spasms and a pinched nerve that all but made me useless. The entire team at Healing Hands helped me get better.
My primary therapist was/is Ashley. She has been fantastic. She was extremely knowledgeable and compassionate. Upon learning that I was an engineer, I felt that she went a long way in trying to speak "my language" to explain things rather than medical jargon. I always had a clear understanding of what we were doing, why we're doing it and how it was helping. Additionally, I never felt rushed in any of my sessions.
All in all, Amira, Ashley and the entire team at Healing Hands are awesome and I highly recommend Healing Hands.
Ram C.
I am so thankful for the recommendation to try Healing Hands! After a few weeks of appointments, I now find myself recommending Healing Hands to others; it has been a God send!!! The staff is friendly, professional, courteous, and the physical therapists are very knowledgeable.
For Amira, the owner, one gets the impression that this is not a job, but a vocation. Her passion for healing is evident through her very engaged communication with clients and the continuing education in which she, and her staff, partake.
I was giving up hope of finding the source of my gastrointestinal/pelvic floor and migraine issues, but hope has been restored. I am learning so much about my body, while I journey on this road to improved functionality and recovery, with their help.
I've been blessed by the PT administered by Amira and Katie. What a team! Together, through very different modalities of treatment, I am getting stronger and my body is healing. Thank you, ladies, for sharing your healing hands with me and others.
Cathy G.
Healing Hands Physical Therapy is an amazing collection of outstanding therapists. I went to the clinic with several physical issues. After assessing my condition, clinic lead Amira suggested specific therapists to treat me. Each therapist was uniquely qualified and together they prepared a treatment plan that addressed all of my issues. I am so very grateful to this group of talented therapists! And, I know that if I have problems in the future, this outstanding clinic will lead me back to strength, flexibility, and much less pain.
Kathleen K.


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I hope y'all had a happy easter. Powers did get a little sick last night after eating the three dozen oatmeal chocolate chip cookies that he found on top of counter while we were at church. (They were made for our easter lunch with friends yesterday afternoon...good thing I had another dessert in the freezer.) I had used milk chocolate chips and so we looked online and found out that the toxic dose of milk chocolate is 1 oz. per 1 lb. of body weight- so we were okay since I only used 14 oz. but Powers did drink a ton of water yesterday and then puked all over the wood floor in the living room last night. That was special.
My friend Lauren brought by her son, Will, today and Powers was very interested. He sniffed Will's diaper with enthusiasm. He was very excited and pretty wound up and bouncing around with the baby here. Hopefully, when it's Henry, he'll get to used to him pretty quickly. We plan on taking Powers on lots of walks that first week or so and getting him really tuckered out.


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DAP leaders are in politics to serve the people and not seek fame, titles or positions, says Anthony Loke.
- DAP puts its foot down on accepting titles for its politicians
- Rebukes elected reps over acceptance of awards
The DAP central executive committee (CEC), which met on Oct 15 has reiterated that DAP elected representatives and local councillors should not accept titles and awards during their period of active political service.
DAP national organising secretary Anthony Loke said in a statement today that elected representatives and local councillors should only receive titles and awards after retiring from active service.
He said the Melaka and Sabah DAP had been "informed and categorically told of this decade-old CEC understanding in July" and that the CEC had expressed its displeasure over not being consulted on the offer of titles and awards.
Recently, two DAP Melaka state assemblymen, Tey Kok Kiew and Wong Fort Pin, received the Darjah Mulia Seri Melaka (DMSM) award which carries the title 'Datuk' while two Sabah DAP ministers – Stephen Wong and Frankie Poon – and Assistant Minister to the Sabah Chief Minister Jimmy Wong were awarded the Panglima Gemilang Darjah Kinabalu (PGDK), which also carries the title 'Datuk'.
Loke said: "The CEC reprimands any DAP leader who denied and claimed ignorance of this decade-old understanding. Leaders who try to justify receiving awards without informing or awaiting directives from the party leadership have no respect for the party.
"Consequent to this CEC resolution, a written advisory will be issued to all elected representatives and local councillors to reiterate DAP's position of not receiving titles and awards during active political service. Any offers of titles and awards should be referred to DAP central leadership."
The statement did not mention if any action would be taken on the DAP assemblymen who ignored this.
Loke said DAP leaders were in politics to serve the people and not seek fame, titles or positions.
"DAP recognises the importance of titles and awards as a way to appreciate the contributions of towering figures in society and, therefore, advises its elected representatives and local councillors to receive these honours after they retire from active service, presumably after they have contributed to the society at large."
Earlier, Malaysiakini reported DAP assistant national treasurer Ngeh Koo Ham as saying that the CEC will now vet all offers of titles to its elected representatives before any decision on whether to accept them.
Elected reps who are offered 'Datukship' and other titles must first refer them to the CEC, in keeping with the party's policy that its members can only accept such awards after completing a tenure of public service.
"The party formally (made) a decision," he was quoted as saying about the CEC meeting last night.
"If special circumstances arise, when whoever is offered a title, they should refer it to the CEC for a decision."
He said this applied to those serving as members of Parliament, state assemblymen and local councillors.
Ngeh, who has the title 'Datuk' given to him in 2008, said others in the party should follow his example where he referred the offer to the CEC.
Ngeh was still ticked off by the late DAP chairman, Karpal Singh, for accepting the title.
Ngeh, who is now Speaker of the Perak legislative assembly and Beruas MP, said those who had been given awards should be allowed to keep them as the decision that all offers of titles first be referred to the CEC was only decided last night.
Ngeh also insisted that this guideline was not a sign of disrespect against the monarchy.
Previously, DAP secretary-general Lim Guan Eng also criticised the attitude of party leaders who accepted the Sabah and Melaka state awards before demonstrating their commitment and performance to the rakyat.
Related report: Oct 15, Criticisms and Guilt over Accepting Datukship


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Algonquin. To canoeists, it is a legendary place of endless wilderness and adventure. It's been on my wish list for over six years, ever since I first picked up a canoe paddle. Read the story of our six day canoe trip in Algonquin and then start planning your own Algonquin adventure with the included planning guide.
Extraordinary Kayak and Canoe Trips You Must Try in Canada
The waterways of Canada provide almost endless opportunities for paddling, whether in a kayak or canoe. If you're looking for a more unusual paddling adventure, check out these tried and tested suggestions!
8 Must See Places On A Winter Road Trip Across Canada
A road trip across Canada is undoubtedly a bucket list worthy adventure. But what is there to see in winter? Read on to discover eight must-see stops.


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By Richard Dunsby, PGA Teaching Professional, Emirates Golf Club
There are five important parts to putting that make the ball go on line or off line:
- Green speed
- Slope of the green
- Distance from the hole
- Aiming point
- Pace of the putt
Set out this putting clock from distances at 3,6,9 and 12 feet. The best way for you to gain a feel for a putt is to roll the ball from low level towards the hole with your hand whilst looking at the intended target. This will give you a visual perception of how to roll the ball with the correct distance, speed and line. For example, this can be related to many other tasks or sports you carry out unconsciously thinking. When you throw a ball do you look at the ground or towards the intended target? …. The intended target!
Here is a great practice drill for you to improve your putting stroke, clubface alignment, and initial starting direction of the ball. All you need is four tees. Position the first two tees in the ground at a selected distance just outside putter-width apart creating a gate to place your ball between. Place the other two tees 1/3 of the way down your intended target line at putter-width apart.


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Part sorting without using a measuring device.
The LV-NH300 has a 30 mm optical axis width, so it can perform length differentiation detetection of 30 mm (1.18) or less. It also has two discrete outputs, making it possible to differentiate between 3 different parts. When differentiation beyond this is required, an analog output is also available.
Long range & visible beam spot for a wide variety of applications
Choose from the largest selection of laser sensors in the industry!


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Merchants are progressively appointing to support regular online shop. Many of the freshly founded enterprises also depend on their online stores, entirely resigning from the stationary ones.
E-commerce is expanding very fast – progressively more Internet users are purchasing online and progressively more firms are using this innovative, promising sales channel.
Źródło: http://www.flickr.com
To make our virtual shop as fruitful as possible, we have to make sure that our job (see patent attorney poland) does not request from us a lot of commitMENt. Progressively more e-stores are investing in inventions that perit the transfer of unavoidable but annoying responsibilities from the worker to the sales support (https://intive.com/en/blog) software. By basing it on the latest generation of ERP software and process engines specially designed to support web sales, we are able to dramatically speed up the shipping time of each order. If the system on which our e-store is based will be linked with the system we employ in our daily operations, this will grant our firm great savings. The bigger the goods database, the more contractors and suppliers, the more we are able to spare on the cooperation of both systems.
Why? Both systems will operate on the same data, eliminating the need to import / export data or reenter it in a standard way; the online shop employee will only have one system to deal with, which minimizes the time required to change between programs; no need to manually enter data will decrease the risk of mistakes. And it all leads us to the most substantial: the maximum reduction in the expense of operating the online shop while maintaining excellence of service, both thanks to sales support software.


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Party Portrait
Candids are often my favorites and this is no exception for more reasons than one. This shot was not posed at all unless you count "Please look over here for a second" as posing. My wife of 25+ years loathes being in front of the camera so I appreciate that she indulged me this time. There was nothing to bounce flash off of (outdoors, no roof or ceiling overhead, no wall nearby) so I used direct flash with a diffuser. I started the evening using a 3′ sync cord and holding the flash off-camera at arm's length but tired of that fairly quickly. Lightroom was used for most of the processing and for noise reduction (ISO 3200 was used) but I also cloned out a few unattractive elements around the scene. I didn't do any skin retouching or the like.


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***Bookmark is compatible with 90 Days of START and Hustle Daily SPIRAL planner ONLY***
A plastic ruler that will hold your "day" spot! Snaps perfectly into our 90 Days of START spiral bound planner so it won't fall out. No more lost bookmarks, mangled post-its, or other random objects ;). Also great for drawing lines or needing quick measurements. Function meets style once again.


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If you do not find out the way to compose an autobiography at the suitable way it's time to learn from the ideal writing illustrations. Fourthly, it's an excellent way to learn how to write fiction. It is not just a couple of facts from your lifetime that the text ought to be interesting and easy to read. Sometimes, autobiographies of notable figures are created through cooperation with a specialist writer or via the sole efforts of a ghost writer.
Sometimes Autobiography is sufficient. Although autobiographies are often summations of pivotal events in your own life, the events you pick may change based upon the program curriculum. An excellent autobiography creates a particular image of the person and shows how events in their life have formed the individual for someone.
Thirdly, an autobiography can help you determine what work you'll need. To begin with, it's an excellent way to check out your life from the other side. Writing an autobiography may be an intimidating task, but when broken down into measures, the procedure is more manageable. Maintain the focus on this aspect of your autobiography that made you wish to compose it in the first place. Even when you're writing a formal autobiography to your work, you still must lure the reader with great text.
Your satirical essay is likely to create added brownie points using an ideal title. An excellent essay is the one that expresses the ideal data in a simple and understandable procedure. Normally, reflective essays function as an evaluation system, for both, pupils, alongside the educators, and sometimes also the administration. A reflective essay and a memoir are two components of nonfiction writing which may be easily mistaken for another, in case you're unfamiliar with their gaps.
You have successfully completed writing your autobiography speaking about your lifetime. If you need to write an autobiography to get a volunteering organization or internship, you'll want to compose a much more in-depth autobiography. An autobiography is a huge method to inform men and women in the exact same situation that there is a way out. In most cases, it is definitely a separate story of your everyday living, that's published in completely free style. A short formal autobiography is a chance to provide readers a capsule overview of who you are and everything you have accomplished.
You might choose to reorder the biography because you collaborate. Getting your biography printed on Google is easier than you could presume. According to what precisely the biography is employed for, however, a professional full-time teacher's bio can be as short as a paragraph. Your specialist biography has to be enlightening but also fascinating. Christian biographies are composed to meet a vast selection of needs. If you are writing a biography to the very first time, speaking to some writing template can enable you to conserve time.
Everything in your story needs to be authentic. It is essential to keep in mind that you do not have to inform your story chronologically. Furthermore, make sure your story shows you acting in a positive way, particularly if your essay a part of a college application. Although everyone truly has a story to tell, not everybody would consider moving out of the way to actually let the world know their narrative. Pick the best stories you'll be able to remember that have influenced you. When composed, there'll be as many life stories since there are folks.
A good illustration of a statement an individual may use on a weight-loss personal statement is I will exercise three or more times weekly. For instance, it isn't a great notion to include information that is too private for a work-related autobiography. As an example, you might say that a specific language or literary work played an important aspect in the individual's career option, and choose to integrate a quotation. Composing a fast autobiography might also be therapeutic as it'll be a chance to examine your life and achievements. To accomplish this, you could think about rethinking some of the adventures you will write in order to coordinate with the theme you're writing about.
One particular prevalent technique is to hand out some kind of award. Non-monetary awards typically arrive in the shape of a certification of appreciation in various categories. Making your personal awards is an amazing strategy to network with your industry and quickly turn into a name. You don't need to place money into financial awards to show your appreciation to your workers. As soon as you have decided that you would like to make awards, you're need standards for judging them. Finding a recognition award enables them know that the business appreciates them and in turn they work more challenging to comprehend more and create much better business results for the organization.
A certificate of merit makes it feasible that you recognize another person's achievements. A certificate of accomplishment is a tool that can help you recognize another person's achievement. 123 Certificates provides a completely free certificate maker. Certificates of honour might also play a part in recognizing important accomplishments in many of disciplines. They're a lasting sign of recognition for a job well done. A very straightforward certificate of recognition is enough to allow them to know how you appreciate them on your organization.
You are in a position to recognize exceptional members of any of these awards.
Certain varieties of awards should be provided in a certain interval annually. They're also a great way to courtesy workers when they fulfill a goal. As a result, their awards are not credited to a country. There are lots of awards in our community you can nominate our members for. You may also have them personalized with the recipients' names along with the company logo. Billy Simsa awards see the standing tally of Missouri because it is his birth state.
You are able to pick from over 90 forms of awards made from crystal within a wide assortment of colours, shapes, sizes and prices. Office awards don't have to be overly costly or extravagant. They are perfect for if you are looking for a way to show your gratitude and appreciation for your workers. No one would like to present their workers an extremely low superior workplace award.
An honor roll certificate template might be used for many academic functions, especially when congratulating a student for finishing a specific plan of study at a specific level. Designing customized ceramic mugs is all about creativity and using a idea of what you desire the mugs to convey. If your internet design is using advertising like AdSense units inside your articles, you'll probably find a succinct jump in your click-through speed, particularly in the event you have family and friends assessing it. You may also see Achievement Award Template They are easily customised to suit the needs of the user and proper text could be inserted to Award Templates. No matter the situation, you will likely want to have a excellent printable award template available to make your award official. Customizing free certificate templates for Word is merely one of the quickest ways for you to create the kind of certificate that suit your requirements.
Nobody want to be left in the program–everybody participates. In case you are unable to discover the aforementioned program, you can want to test out the HTML version, formal award certificate. Setting an award system will not be easy, but if you do it right, it'll be rather useful to your brand. If your reward procedure is quota-based, you don't only promote aA healthy competition but additionally motivate your employees to reach their target goals in the finish of the day.
If you stop by the problem of supplying awards, recognize them for the huge bargain they are for your employee recipients. There is almost always a very good feeling when you receive an award, particularly if it's a prestigious and identifying attribute in your business or from a well-recognized organization. When choosing what type of award to give out, it is a great notion to select things which are inside the student's control. There are tons of ways in which you might recognize and reward the efforts along with higher quality of work of our employees. Once an organization is not considering and rewarding its employees with rewards it's more inclined to confront vacant positions within its different branches due to indistinct factors. Leadership is not an exception. In the finish of the course, you might want to award them to the knowledge they've obtained.
While you might be exceedingly displeased with somebody, you can't say that in the correspondence. Award letters include details on college tuition and fees and a few will include details about the whole price of Attendance (COA). The letter provides the worker the opportunity to refute the assumption that they have stepped, giving a date in which they need to get in touch with the company with a reason behind their absence as well as their collapse the contact with the corporation. Create a heading for the memo When it is an Army memo, the company seal has to be about the upper left corner. A memorandum can also be critical in the region of business as it assists build fantastic relationships.
A correspondence is merely part of this process. If you have been a warning letter, then you need to send a reply to this warning when possible. It is ethical and logical to issue yet another warning letter if you understand that the person in question has not made an attempt to mend his manners. Remember that you ought to not include any personal statements. What you write on your organization letter is going to be the very first impression that you make on your viewers in the majority of company cases. It can be too premature to send that letter or maybe you simply want to send a very general query. The letter was written in a company yet formal manner. For example, it may indicate that the worker call by a given time and talk to a certain manager about the absence. Effective letters will yield only excellent results. Though you must write a succinct letter you need to continue in order to detail your financial information and other pertinent aspects.
You are likely to be asked what you'd like to perform with this file. The letter template is extended in various formats. Utilize our completely free sample Employment Termination Letter Template below to help you begin.
A worker can not get away with bad attendance at his workplace. Using the above example, the mere fact he advises his manager or supervisor that he is not going to be in work but at Sun City, isn't going to change his fate so far as disciplinary action is concerned. Employees are on unemployment because of too little work for the summertime. An employee may be terminated for lots of reasons, and disregard for discipline is simply one of them. Make certain you have met with the worker prior to sending a termination letter. You've proven yourself to be an exemplary employee for the previous two years and have experienced a fantastic deal of opportunities to exhibit your skills and knowledge about the firm's products and policies.
Ultimately it might be essential to compose to the worker to indicate that he or she is going to be suspended without pay or terminated if there's inadequate improvement in the conduct. He is indeed shocked and distraught he or she has trouble remembering the details of what was said for the remaining portion of the meeting. From Management's standpoint it needs to be ascertained whether the worker's behavior at work should be adjusted or stopped. The employee also has to be permitted to call witnesses. Status applicants include people who are qualified for transport.
Our enterprise Contract might be used by the purchaser or seller of a good or service. It will help you outline the conditions and get you started on the perfect foot. If there's a contract you will want to give notice to complete it, but in case the absence is unauthorised it's unlikely you will have to pay the note period except when the employee is sick. If you get a written agreement about Roles and Responsibilities for all you, assess whether it is still appropriate or should be updated. It is very important that an employment decision be handled properly to protect your company from prospective litigation.


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The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British
Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out "second" Claim Forms where service of a "first" Claim Form has failed.
I appeared on 1.3.18 before District Judge Burrow who dismissed an application to strike out a "second" Claim Form as an abuse of process, on the basis that Aktas remains good law, even after the cases of Mitchell and Denton, and that the facts of the case before him could not be distinguished from Aktas, on the grounds explained below.
The Court of Appeal in Aktas and in Dixie held that in the negligent failure to serve a Claim Form in time for the purposes of CPR rules 7.5 and 7.6 was not, in itself, an abuse of process.
In particular, Rix LJ stated, at paragraph 90 of the judgment, that:
"A mere negligent failure to serve a Claim Form in time for the purposes of CPR rr 7.5/7.6 is not abuse of process. It has never been held to be in any of the many cases cited to this Court, nor in my judgment should it be described as such, nor is it tantamount to such. I say a, "mere" negligent failure to serve in time in order to distinguish a typical case of such failure to be found in these appeals and of any others in the reports from any more serious disregard of the rules; but not in order to be in any way dismissive of the proper strictness with which a failure to serve in time, without good reason for doing so, is and has been rigorously dealt with by the Courts, whether under the CPR or under the previous regime of the RSC. However, all the cases made clear that for a matter to be an abuse of process, something more than a single negligent oversight in timely service is required: the various expressions which have been used are inordinate and inexcusable delay, intentional and contumelious default, or at least wholesale disregard of the rules".
The facts of this case were that the Claimant, two days before the expiry of the four month period from the filing of the N1 Claim Form pursuant to CPR 7.5, purported to serve Particulars of Claim for noise induced hearing loss against the Secretary of State for Business, Energy and Industrial Strategy ("the Secretary of State") directly on the Secretary of State's government department, and not on the Treasury Solicitors, contrary to the rules for service on government departments pursuant to CPR 6.10. At the invitation of the solicitors acting for the Secretary of State a Notice of Discontinuance was served in respect of the Claimant's claim against the Secretary of State (although a claim against an additional, Second, Defendant continued). The Claimant then filed a "second" Claim Form, in identical terms, against the Secretary of State, which was correctly served, and sought to have this claim consolidated with the original claim, which proceeded against the other Defendant. The Secretary of State made an application seeking the striking out of the "second" claim, as an abuse of process.
District Judge Burrow found that the facts of this case could not be properly distinguished from Aktas, and that paragraph 90 of that judgment, by Rix LJ applied to this case.
The District Judge found that the facts of Aktas and of Dixie, which involved attempting to serve late, in breach period set by CPR 7.5, could not be distinguished form the facts of this case, which involved a failure to effect any service at all which complied with CPR 6.10.
The District Judge found that the failure of the Claimant's solicitors to comply with CPR 6.10 as regards to service amounted to a single negligent failure, and that there was no intentional or contumelious default, or any wholesale disregard of the rules, as required by Aktas to justify a finding of abuse of process.
The District Judge found that the delay in this case by the Claimant's solicitors (who took 14 days after the correspondence inviting them to discontinue before serving a Notice of Discontinuance, and another nine days thereafter before filing a "second" N1 Claim Form, and another 35 days thereafter before serving Particulars of Claim in relation to the "second" claim on the Secretary of State) was not serious enough to amount to inordinate or inexcusable delay, as was required by Aktas to justify a finding of abuse of process.
The District Judge held that this was not a case in which the Claimant had to seek any relief from any sanction: but was a case in which the burden of proof was on the Defendant to persuade the Court to strike out the claim, and that this burden was a high one, which the Defendant could not meet.
This judgment illustrates the grave difficulties posed to Defendants seeking to strike out a "second" set of proceedings, where there has been a failure to serve in the original proceedings, by the clear case law in Aktas, which makes clear that something much more significant than the initial negligent failure to serve the original proceedings pursuant to CPR 7.5/7.6 is necessary in order to justify the striking out of subsequent proceedings as an abuse of process.


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Genesis Works Done Limited Edition
From the Times Gone By Collection by Genesis of Westmeath, this finely crafted ornament portrays a workman hanging his coat up by the fire after a long days work. Made using age old techniques this is a stand out piece of Irish art with only 2500 castings produced. A stunning gift from Ireland.
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9 Students Represent Mansfield in the UIL State Competition
This year there will be nine students representing Mansfield at the UIL academics state meet on May 4-5 in Austin, more students than Mansfield has had representing in the previous years.
The students who are advancing to state are Simon Fleming-Wood: Poetry and Prose; Bailey Rizzo: Headline Writing; Abby Werner: Feature Writing; Emma Tran, Karen Joseph, Nick Werner and Chase Krueger: Current Events; Juliana Neniel: Social Studies; Andrew Nguyen: Science. Kaylee Krumm qualified as an alternate in Poetry and Prose; Abby Werner qualified as an alternate in Editorial Writing; Andrew Nguyen qualified as an alternate for Number Sense.
"Last year we competed against approximately 70 other schools and competition is tough," UIL coordinator Dawn Welch said. "In our region we are competing also with schools that specialize in categories such as STEM and the arts."
Many of the students who made it to state this year are seniors who made it to regionals last year, which was a big motivator in competition for them this year.
"I think more students were able to make state this year because this year because we really cracked down and started studying more," senior Emma Tran said. "Plus, a large portion of us are seniors so that was motivation because it was our last year to compete. I did compete last year and I think the main difference from last year is that I started meeting up with my group more outside of school to study more. I would recommend people to compete because you can find your different strengths that you may not have realized you had."
The students attend after school practices, where they put it a lot of work and hours in trying to perfect and build their academic skills in their certain events.
"The reason current events has done so well is because of our coach, Mrs. Foster's hard work this year and the team works really well together and we put in a lot of work and hours after school," senior Karen Joseph said. "Personally, I have really enjoyed competing in current events. I have learned a lot about the world around me and its been super fun working with my team and of course winning."
Advancing to state in UIL is very difficult because of the competitiveness of the events. The students who made it this year have put in a lot of work, and because of that have the opportunity to represent Mansfield in state.
Photo: Jillian Rooney


text:
Napa Open
In 1981 the tournament was a part of the Grand Prix Circuit.
tournament names in previous years
Napa Open
Napa Open - Current Champions
Men's Singles
Men's Doubles
Grand Prix Napa - Past Champions
ATP Napa Records
Men's Singles. Winners
Men's Singles. Total finals
Men's Doubles. Winners
Men's Doubles. Total finals


text:
Changes in making changes
Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24
The Supreme Court has surprised everyone by doing a u-turn on anti-oral variation clauses, reversing the relatively recent position formed by the courts in 2016, which had found that a contract with anti-oral variation clauses could still be amended by the parties orally or by conduct.
In 2016, three key judgments were handed down which encouraged us all to believe that the courts would be prepared to permit variation by conduct or oral variation arguments, even where the relevant contract contained a 'no oral variations' clause. This was particularly relevant to construction contracts, where it is not uncommon for variations to take place informally or not otherwise in accordance with the requirements of the contract and, of course, for disputes to ensue. Following the 2016 decisions, it was understood that parties would be able to argue that their contract had been varied orally or by conduct, despite the presence of a 'no oral variations' clause, if:
- objectively, the parties could be seen to have reached the stage where they intended to vary the contract; and
- consideration had been provided.
We have seen this argument put forward by contractors where they have been operating in slight variance to the terms of the original construction contract (on a regular basis and without objection from the employer) and the employer has subsequently sought to enforce the strict requirements of the contract to the contractor's detriment.
One of the three 2016 cases was the Court of Appeal decision in MWB Business Exchange Centres v Rock Advertising [2016] EWCA Civ 553. That decision has now been overturned by the Supreme Court.
Although not directly related to construction contracts, the case of Rock v MWB considered 'no oral variations' clauses in the context of commercial contracts. Rock Advertising occupied office space near Marble Arch under a licence from MWB. Rock had argued that the licence agreement had been varied by a telephone conversation between the parties and that such amendment had the effect of overriding the 'no oral variation' provision. The Court of Appeal accepted this, the rationale being the need to uphold party autonomy and the importance of contracting parties' freedom to agree terms. However, the Supreme Court rejected Rock Advertising's argument on the basis that "the law should and does give effect to a contractual provision requiring specified formalities to be observed for a variation". While Lord Sumption acknowledged the importance of party autonomy, he disagreed with the Court of Appeal's approach, taking the view that:
'Party autonomy operates up to the point when the contract is made, but thereafter only to the extent that the contract allows it. Nearly all contracts bind the parties to some course of action, and to that extent restrict their autonomy. The real offence against party autonomy is the suggestion that they cannot bind themselves as to the form of any variation, even if that is what they have agreed.'
It was found that (where a 'no oral variations' clause is present in a contract) any oral variation would not be effective unless and until it is reduced to writing, or the 'no oral variations' clause is itself removed or suspended by written agreement. The rationale being that this approach fully reflects the parties' autonomy to bind themselves as to their future conduct, whilst preserving their ability to release themselves from the inhibition.
The effect of this decision on construction contracts containing the standard 'no oral variations' clause will be that any amendment to the contract will have to be made in writing, in accordance with the variation procedures in the contract. Without this, it is unlikely that a party would be able to successfully argue that a construction contract has been varied simply because the parties have been doing something a particular way for a period of time, and they may therefore face financial consequences if they are not operating in accordance with the contractual terms. The Supreme Court's decision emphasises the importance of efficient and accurate contract management throughout the duration of a project.
Read the full judgment here.
Limiting design liability under NEC
SSE Generation Limited (SSE) v Hochtief Solutions AG [2018] CSIH 26
In this recent Scottish case considering NEC2 provisions, the Inner House found a contractor liable for remedial works required due to a tunnel collapse at a hydroelectric plant, despite the existence of a clause limiting the contractor's liability for defects in the works due to its design provided the contractor could show it used reasonable skill and care to ensure compliance with the Works Information. Importantly, it was found that the collapse arose as a result of the contractor's implementation of its design – to which, it was held, the limitation of liability provision did not apply.
In December 2005, SSE Generation Limited (Employer) engaged Hochtief Solutions AG (Contractor) to design and build a hydroelectric scheme at Fort Augustus in Scotland. The scheme included an 80km tunnel and was governed by an NEC2 Engineering and Construction Contract with bespoke amendments, including Secondary Option (M) (Contract).
In April 2009, a substantial part of the tunnel collapsed. The Employer instructed the Contractor to carry out remedial works, however it refused arguing that it was not liable under the Contract. The Employer appointed third party contractors to carry out the remedial works and later issued a claim for breach of contract in the sum of £137m (being the remedial costs). The Contractor denied liability and counterclaimed for £10m (being its putative loss of profit in not carrying out the remedial works, together with additional costs incurred).
We briefly set out the relevant provisions of the Contract:
- Clause 80.1 of the Contract set out
the Employer's risks and excluded any loss or damage occurring
as a result of a "Defect which existed at takeover" (the
risk of which remained with the Contractor). Defect was defined in
Clause 11.2(5)) as either:
- a part of the works which is not in accordance with the Works Information; and/or
- a part of the works designed by the Contractor which is not in accordance with the applicable law or the Contractor's design which has been accepted by the Project Manager.
- Clause 6.3.2 of the Works Information required the Contractor to "provide a reliable service without requirement for major refurbishment or significant capital expenditure".
- Clause 81.1 provided that, until the Defects Certificate, risks that were not carried by the Employer were carried by the Contractor. Pursuant to Clause 83, each party indemnified the other against claims that were due to an event that was at its risk.
- Option M excluded the Contractor's liability for defects arising from its design, provided the Contractor used reasonable skill and care to ensure that the design complied with the Works Information.
The Outer House (court at first instance) found that the tunnel collapse was caused by insufficient shotcrete and rock bolts deployed in poor rock conditions but that the Contractor was not in breach of its duty of care in the construction of the tunnel, partly because the terms of Option M operated to exclude its liability.
For the commercial judge, the collapse was an Employer's risk event: it did not arise from a "Defect that existed at take-over" and the Employer was only entitled to low availability damages in accordance with the Contract, for the Contractor's failure to return to remedy the works. The Employer filed a reclaiming motion to the Inner House and the Contractor cross-appealed.
The Inner House allowed the reclaiming motion and rejected the cross-appeal two to one (with the Lord President dissenting). As to whether the tunnel collapse was the consequence of a Defect under the Contract, Lord Menzies and Lord Glennie held that:
- the cause of collapse was a Defect which existed at take over: as the works had not been carried out in accordance with the Works Information and the collapse therefore satisfied the first limb of the definition of Defect; and
- the Contractor's implementation of its design was also not in accordance with a "design which had been accepted by the project manager" (the design had obliged the Contractor to apply steel rib support to any uncovered erodible rock, which was not adhered to) and thus the second limb of the Defect definition was also satisfied.
Accordingly, as a Defect existed at take-over, the collapse could not constitute an Employer's risk under Clause 80.1. As Clause 81.1 provided that any risks not carried by the Employer were carried by the Contractor. The Inner House went on to consider whether or not the Contractor was protected by the limitation wording in Option M.
Whilst the Court recognised that Option M provided a limitation on the Contractor's liability for defects arising from its design, it was irrelevant to the tunnel collapse, which was caused by the implementation of that design. The Option M limitation could not therefore apply, irrespective of whether or not the Contractor had exercised reasonable care and skill in its implementation.
Given the lack of English cases considering NEC wording, this case will likely prove persuasive for future English Court decisions (particularly given that the NEC2 wording relevant to this issue is the same as that contained in NEC3 contracts and substantially the same as that contained in NEC4 contracts (see X15.1 in both)). Contractors might therefore note that these limitation provisions are likely to be interpreted as only operating to limit the contractor's liability for loss/damage caused by its design and not offering protection where the loss/damage was caused by the implementation of that design, irrespective of the reasonable care and skill deployed.
Read the full judgment here.
Enforcing judgment debts and the appropriateness (or not) of creditor's petitions
Victory House General Partner Ltd v RGB P&C Limited [2018] EWHC 1143 (Ch)
A contractor was unsuccessful in its attempt to wind up the employer company for failing to pay a judgment debt following enforcement of an adjudication decision. The High Court confirmed that where a respondent to a winding up petition could show it had a bona fide cross-claim on substantial grounds, as a general rule and where no special circumstances exist, the petition should be dismissed. Interestingly, the employer relied on the recent case of Grove v S&T(UK) in successfully arguing its position...
Payment issues and disputes are prevalent in the construction industry, with parties often employing various methods to ensure cash flow or otherwise recover disputed sums. This case shows that, in practice, even seemingly simple methods of debt recovery are not always straightforward.
As a refresher, and at a high level, in order to successfully petition to wind up a company, a creditor must be owed at least £750 and show that the company is unable to pay its debts within the meaning of section 122(f) of the Insolvency Act. This may be evidenced simply by the fact that the debt remains unpaid 21 days following the service of a statutory demand. The winding up petition must then be filed at court and the appropriate notice given in the Gazette. The winding up petition will then be set down for hearing. Setting aside procedural issues, the court will generally dismiss a winding-up petition in cases where the creditor has a collateral purpose / ulterior objective, the debt is bona fide disputed on substantial grounds or the company has a genuine right to set-off or cross-claim. For these reasons, it is important that claimants make genuine enquiries of the company and properly consider whether a winding up petition is the appropriate course of action in the circumstances.
In this case, the contractor and the employer were in dispute as to sums payable from the employer to the contractor. Two adjudications followed. The first adjudication resulted in a judgment against the employer, which it failed to pay.. However, it subsequently paid in excess of £8.5m to the contractor on account. The second adjudication wrapped up the value of all the works to date (including that from the first adjudication) but resulted in a decision that the works were valued at just over £7m. Consequently, the sum due was nil. The contractor subsequently petitioned to wind up the company following non-payment of the judgment debt from the first adjudication, while the company submitted that, if the judgment debt was paid, they would immediately become entitled in the law of restitution to be repaid that sum, resulting in a bona fide cross-claim. On this basis, the company argued that it would be inappropriate to wind it up by reason of non-payment of the judgment debt.
The company relied on the recent case of Grove v S&T (UK) where Coulson J held that, provided an employer had paid an amount determined as payable in an adjudication, it could subsequently bring an adjudication as to the 'true value' of the relevant works and, where the figure determined in the second adjudication was smaller than the first, the employer would be entitled to ask for repayment of the figure appropriately calculated. The company submitted that, in its case, while there had not been a second adjudication on the same interim certificate, the second adjudication on the later certificate subsumed the earlier one. The second adjudicator had made a determination as to the 'true value' of the works up to that point and determined no sum was payable. The argument followed that if the employer paid the judgment debt 'there would immediately rise up, upon payment, a cause of action for repayment of that figure'.
Mr Justice Morgan accepted this and applied Re Bayoil SA [1999] 1 WLR 147 which confirmed that the established rule about disputed debts applied to disputed cross-claims also (where they exceed the petition debt). He did not accept the contractor's argument that Re Bayoil did not apply because it dealt with an arbitration award instead of a judgment debt and was not persuaded there were any special circumstances to take this case outside the general rule which he stated was 'an important rule which should be consistently applied and not departed from too readily'.
This case is a reminder for claimants to always consider whether or not particular courses of action to recover disputed sums are appropriate in the circumstances. While not dealt with in this judgment, a potential risk for the claimant of having a petition dismissed on the grounds discussed is that the claimant may find itself liable for the company's costs on an indemnity basis. Commencing winding up proceedings should generally be regarded as a last resort and not simply used as a means of enforcing a debt.
Read the full judgment here.
Government funding the removal of unsafe cladding on social housing
On the 16 May 2018, the government announced that it will fund the removal of unsafe cladding currently used in social housing. The estimated cost of this is £400 million.
The announcement specifies that a fund will be established where local authorities and housing associations may apply for funding to finance the reasonable costs of removing and replacing unsafe cladding currently present in social housing.
The announcement comes following the Grenfell tragedy and pre-empted the final report of the Hackitt review of Building Regulations and Fire Safety (see further below). It also follows last year's offer to provide similar financial support to social landlords. Since then the government has consulted with social landlords who have voiced concern about prioritising the provision of important services, repairs, maintenance and investment in new homes. This additional source of funding should alleviate, at least in part, these difficulties currently faced by social landlords.
It remains to be seen how the fund will be accessed in practice and the criteria that will determine access to funds.
Building a Safer Future, Independent Review of Building Regulations and Fire Safety: Final Report
On 17 May 2018, Dame Judith Hackitt's long anticipated independent review of Building Regulations and Fire Safety (Report) was finally published.
The Report focuses on residential buildings of 10 or more stories and recommends multiple changes, including:
- a revised statutory framework setting out clearer responsibilities and accountability for duty holders;
- greater powers of enforcement and penalties for breaches of fire safety obligations including a new mandatory incident reporting mechanism; and
- a new a Joint Competent Authority (JCA) to oversee enforcements
It is recommended that the JCA consist of the Health and Safety Executive, fire and rescue authorities and local authority building standards.
The Report suggests that duty holders consult the JCA at three "Gateway Points": i) the planning permission stage; ii) the full plan approval stage; and iii) the completion stage. At each of these stages, duty holders would be required to satisfy strict criteria demonstrating their understanding and implementation of building safety management before they could continue to the next phase of the project.
Importantly, the Report suggests that the time limit for taking action against a duty holder should increase from 2 years to 5-6 years from the time of the offence.
The report is clear that the framework suggested will need to be implemented, in part at least, by primary legislation. Nevertheless, the Report encourages the industry to embrace these recommendations immediately and for businesses impacted to consider how the recommendations can be implemented in the soonest possible time.
Click here to view the Report.
RICS publishes new draft Appointment Forms
RICS publishes consultation versions of its 2018 suite of standard form consultant's appointments.
The Royal Institute of Chartered Surveyors (RICS) has published consultation versions of what is intended to be its next suite of standard form consultant's appointments. The consultation closes on the 15 June 2018, with the intention that the finalised forms be published in the Autumn.
The intended 2018 suite of documents are set to replace the current 2008 suite of documents. The documents to be included in the new 2018 suite largely mirror those of the 2008 suite but have some important additions. The documents proposed in the 2018 suite include:
- a standard form of consultant's appointment for use in construction projects of any size and value;
- a short form consultant's appointment, likely to be used for more straight forward projects of smaller values;
- a short form consultant's appointment for designated services (this is a new addition to the suite of documents and is intended for specialist services which may be non-construction , for example, expert witness services); and
- thirteen scope of services documents (compared to the 6 in the 2008 suite).
The modernisation of the documents looks to take into account the raft of changes to legislation and jurisprudence since the previous suite of documents, including the Construction (Design and Management) Regulations 2015 and the Bribery Act 2010, as well as changes in custom and practice within the industry.
The consultation page can be accessed here.
Anthony Albertini, partner in our construction team, was featured in Construction News, with his article entitled 'Crackdown on poor payment is a half-baked policy' which commented on the recent announcement by the Cabinet Office of its plans to exclude suppliers with poor payment practices from winning major government contracts. Readers with a subscription can view the article here.
A growing team: We continue to grow our regional presence through the hire of Peter O'Brien (partner), Kate Lister (senior associate) and Josh Roberts (associate) who now form our Bristol based Projects & Construction Team. The team specialises in construction dispute resolution, representing clients in a range of dispute forums in the UK and overseas.
Technology and off-site manufacturing survey
In recent years the use of technology, and off-site manufacturing in particular, has captured the construction industry's attention. It is now heralded by some as the potential 'silver bullet' to tackling the chronic problem of low productivity - but perceived barriers remain, which are inhibiting widespread adoption.
Clyde & Co is keen to help our clients navigate these barriers. With this in mind, we're carrying out a global survey to better understand the direction of travel and the industry concerns.
We'd be very keen to hear the views of your organisation.
We would appreciate it, if you could complete the survey by Friday 15 June. It should take no longer than five minutes.
Please find the survey here: https://www.research.net/r/NQQ6ZW7
Upcoming events
Firm Foundations – Unfair Payment Practices
Thursday 28 June | The St Botolph Building, 138 Houndsditch, London, EC3A 7AR
Click here for more information and to register
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.


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