October 19, 2020

FBI: Roswell Teen Charged Federally For Online Threats

first_imgHerbert is accused of posting a message on Snapchat with what appeared to be a semi-automatic weapon and the caption, “b ready rhs I ain’t playin nomo”. The high school went into lockdown Nov. 12, 2019, when staff became aware of the messages. Another message containing the original post had the caption, “Oof, y’all watch out”. A summons was issued for Herbert, who appeared in U.S. District Court in Las Cruces for his initial appearance June 17, 2020, and a preliminary/detention hearing June 22, 2020. FBI News:Matthew Lee Herbert, 18, of Roswell has been charged federally in connection with online threats that prompted the lockdown of Roswell High School last November.Herbert is charged with interstate communications containing a threat to injure the person of another (18 U.S. Code § 875). The Chaves County Sheriff’s Office and the Roswell Police Department assisted with the investigation. The public is reminded that all defendants are considered innocent unless convicted in a court of law.last_img read more

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October 18, 2020

Housing association acquires Charlton Riverside site for £58m

first_imgTo access this article REGISTER NOWWould you like print copies, app and digital replica access too? SUBSCRIBE for as little as £5 per week. Would you like to read more?Register for free to finish this article.Sign up now for the following benefits:Four FREE articles of your choice per monthBreaking news, comment and analysis from industry experts as it happensChoose from our portfolio of email newsletterslast_img

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October 7, 2020

Picarro device successful at CarboAfrica site

first_imgSubscribe Get instant access to must-read content today!To access hundreds of features, subscribe today! At a time when the world is forced to go digital more than ever before just to stay connected, discover the in-depth content our subscribers receive every month by subscribing to gasworld.Don’t just stay connected, stay at the forefront – join gasworld and become a subscriber to access all of our must-read content online from just $270.last_img

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September 30, 2020

Conflict of law

first_img Masri v Consolidated Contractors International Company SAL and other companies: Queen’s Bench Division, Commercial Court (Mr Justice Burton): 13 July 2011 The claimant was the judgment ­creditor of a judgment debt amounting to about $75m following a ­judgment on liability given in 2006 (see [2006] All ER (D) 444 (Jul)) against the first and second defendant companies, CCOG and CCIC, the ­judgment debtors. Liability was not established as against the third to seventh defendants who were either companies or individuals connected with CCOG and CCIC. The third defendant (SK) was the head of the Khoury family, which, together with another family, the Sabbagh family, owned and controlled the parent company of the group, Consolidated Contractors Company Group (CCC), of which SK was president. The fourth, fifth and sixth defendants, (TK, SSK and WK) were SK’s sons. The seventh defendant (CC Holdings), owned more than 99.9% of CCIC and CCOG, and was again owned by the Khoury and Sabbagh families. CCIC and CCOG failed to make voluntary payments, while, seeking on advice, to take every legitimate point that was open to them to resist enforcement (the anti-enforcement strategy). The anti-enforcement strategy was characterised as an unlawful conspiracy between CCOG and CCIC and the rest of the defendants to ensure that no monies were paid on foot of the judgment debt. Against that background it was not surprising that, in addition to numerous attempts by and on behalf of the claimant to enforce the judgment in Lebanon, Greece, Bermuda, the Cayman Islands, Switzerland, Nigeria, Palestine and Qatar, the claimant conceived the ‘anti-anti-enforcement strategy’. The claimant brought proceedings in Greece in March 2010 against CC Holdings, SK, TK, SSK WK and two others (the Greek action). The case in the Greek action was that all those defendants were personally liable for CCIC and CCOG’s judgment debt, on the basis allegedly that CCIC had in fact its seat in Greece and had failed to comply with the registration requirements thereof. If the Greek action was successful, the effect would be to make those seven defendants personally liable for the unpaid debt of CCIC and CCOG. On 23 April 2010, a conspiracy action was issued against the judgment debtors in the High Court (the conspiracy action). On 11 May 2010, the claimant launched a contempt application, based on 14 alleged breaches of court orders by CCIC and CCOG, and alleging that WK was also guilty of contempt by virtue of his responsibility for those breaches. In a judgment of 5 May 2011, (see [2011] All ER (D) 78 (May)) CCIC and CCOG were found to be in contempt in respect of 10 out of the 14 allegations. The case against WK was adjourned on case management grounds, prior to the commencement of the hearing, on the basis that he would agree to be bound by the findings made by the judge as against CCIC and CCOG. In the present proceedings, all seven defendants sought to challenge the jurisdiction of the court and/or to set aside service in the proceedings, brought against them for damages for conspiracy by the claimant pursuant to articles 27 and/or 28 of Council Regulation (EC) 44/2001 (the Judgments Regulation). The jurisdiction, in whose favour the English court was said to be required to decline or stay its jurisdiction, was that of the Greek courts, in respect of the Greek action. Articles 27 and 28 of the Judgments Regulation replaced arts 21 and 22 of the Brussels Convention, and it was common ground that the jurisprudence with regard to the latter continued to apply to the former. If article 27 applied, a stay by the court second seized in favour of the court first seized, was mandatory, and if the jurisdiction of the court first seized was established (which in the present case it would be), then the court second seized had to decline jurisdiction. If article 28 applied, then a stay, consolidation or a dismissal was discretionary. The main issues were: (i) whether article 27 of the Judgments Regulation applied as between the Greek action and the conspiracy action; (ii) whether pursuant to article 28, if jurisdiction in the conspiracy action was declined by the court second seized (England), the proceedings could be recommenced in the court first seized (Greece) and consolidated with the prior action. There was no doubt in the present case that such consolidation could be available in Greece. Another related issue arose relating to non-disclosure by the claimant of the Greek action when permission to serve the present proceedings out of the jurisdiction one CCOG, CCIC and CC Holdings was obtained without notice. The court ruled: (1) By reference to the European authorities, the principles emerged that before the mandatory operation of article 27 of the Judgments Regulation as between ‘proceedings involving the same cause of action and between the same parties… brought in the courts of different member states’, there had to be consideration of the following: (i) identity, but not precise coincidence, of the parties; (ii) close similarity between the causes of action, that was, as construed by reference to an interpretation ‘independent of the specific features of the law in force in each contracting state’ by reference to the facts and rule of law on which they were based; (iii) the identity of the object of the two actions, including, in the case of claims other than in a single claimant scenario, where the objects of the parties, one to establish and the other to avoid, liability, were the reverse of each other. Although each of those three aspects had to be separately considered, there were statements, that ‘in the interests of the proper administration of justice within the community, to prevent parallel proceedings before the courts of different contracting states and to avoid conflicts between decisions which might result there from’, article 27 had to be interpreted broadly: however, there was no need to ‘strain to fit a case’ into article 27 given the availability of article 28 with its ‘more flexible discretionary power to stay in the case of related proceedings’ (see [22]-[24] of the judgment). In the present case, the rule of law relied on, was materially different in the two actions. In the Greek action, it had been sought to make the defendants personally liable for the debts of CCIC (in particular for the judgment debt). In the conspiracy action, it had been sought to establish that the defendants were parties to a conspiracy whose purpose was to cause loss to the claimant, including taking every possible step to deprive the claimant of the opportunity to recover any part of the judgment debt. A claim to render defendants personally liable for the debts of a company because it had failed to comply with its registration requirements had not constituted reliance on the same rule of law as one which asserted that they had become parties to an international conspiracy (see [29] of the judgment). Article 27 of the Judgments Regulation did not apply (see [31] of the judgment). (2) Where a decision was discretionary, the circumstances of each individual case were particularly important. The national courts had to bear in mind that the aim of the provision was to ‘prevent parallel proceedings before the courts of different contracting states and to avoid conflicts between decisions which might arise therefrom’. It would therefore be appropriate, in case of doubt, for a national court to decide to stay its proceedings under article 22 of the Brussels Convention. Furthermore, there were three factors which might be relevant to the exercise of the discretion vested in national courts by virtue of article 22, but that did not mean that other considerations might not also be important: first, the extent of the relatedness and the risk of mutually irreconcilable decisions; second, the stage reached in each set of proceedings; and third, the proximity of the courts to the subject matter of the case (Englishness). The factors listed were non-exclusive. With regard to the first question, it was clear that what was required to be considered was whether ‘separate trial and judgment would involve the risk of conflicting decisions, without necessarily involving the risk of giving rise to mutually exclusive legal consequences’ (see [38]-[41] of the judgment). In the present case, considering the overlap between the Greek action and the conspiracy action, there had been an assertion in the Greek action of the relevance, existence and continuation of the anti-enforcement strategy and on that basis there was a material risk of conflicting decisions on issues and facts in play in both proceedings and therefore of irreconcilable judgments. When the other various aspects of the discretion was considered the court was unconvinced by the expediency of the importation into the Greek action of the additional factual and, certainly, legal complexities of the conspiracy action. If the claimant succeeded in Greece in establishing personal liability on the part of those defendants, then it would not be necessary to ­proceed with the conspiracy action in any event (see [44] and [49] of the judgment). The proper course was to prevent those two proceedings continuing in tandem, and to stay the English conspiracy action, which was a related action in the court second seized. The English proceedings would be stayed on the defendants’ applications (see [57] of the judgment) (3) The ‘golden rule’ of disclosure was that, on a without notice application particularly where that was made on paper where the judge was left to consider on his own in his or her room what might often be a pile of undigested exhibits – the party making the application had to identify any material facts, and in particular any which might constitute a defence or some ground for not granting the order sought. The most significant consequence was where an ex parte injunction, such as a drastic freezing order with immediate effect and possibly long-lasting consequences, was made which might not have been made if material facts had been disclosed. The duty arose on any ex parte application, and certainly so on one for service out of the jurisdiction, where what was being sought was the exercise of an exorbitant jurisdiction, bringing a foreign defendant within the jurisdiction even if only to incur the cost and inconvenience of fighting a jurisdiction application successfully. One of the matters that might well be material on an ex parte application was the existence of foreign proceedings. The non-disclosure of such pre-existing foreign proceedings was considered particularly material. In a service out case, not only might the existence of foreign proceedings go to the issue as to whether it was an appropriate case to be tried in England, but, in particular, where there might be questions of the applicability of articles 27 and/or 28 of the Judgments Regulation, the existence of potentially relevant or related actions in other jurisdictions was obviously material. Much depended on the seriousness of the non-disclosure, and whether or not it was accompanied by other non-disclosures (see [58], [59], [61] of the judgment). In the present case, there plainly could and should have been some reference to the Greek action. The fact that the claimant had already been suing CC Holdings in the Greek action so as to render it personally liable for the judgment debt was plainly material in relation to the application to serve the CC Holdings out of the jurisdiction with the new conspiracy action. Accordingly the non-disclosure had been very material, in the exercise of the court’s discretion it was not appropriate or necessary to discharge the order (see [67], [68] of the judgment). The right course was to disallow all the claimant’s costs of making and obtaining the ex parte order, so that they would not in any event be recoverable against the defendants (see [68] of the judgment). Challenge to jurisdiction – Claimant judgment creditor bringing proceedings in Greece – Defendant judgment debtors seek to stay UK proceedingscenter_img Gavin Kealey QC and Colin West (instructed by Simmons & Simmons) for the claimant; Richard Walford and Jonathan Harris (instructed by S C Andrew) for the first and second defendants; Alistair Schaff QC, David Mumford and Oliver Phillips (instructed by Gide, Loyrette Nouel) for the third fourth and fifth defendants; Andrew Hunter (instructed by Jones Day) for the sixth defendant; Andrew Popplewell QC and Simon Birt (instructed by Baker & McKenzie) for the seventh defendant.last_img read more

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September 27, 2020

Taste of Cherry: Criterion Collection Blu-ray review

first_imgWith such an unflinchingly ascetic approach, both narratively and stylistically, Taste of Cherry becomes more like a blank canvas than a film. My feeling is if you look hard enough you can project profundity and poetry onto anything. But is there anything really there to begin with? Look, I’m not saying it’s not a work of art. People far clever than I have declared it an exquisite masterpiece and one of the greatest films ever made. Who am I to argue? I was beguiled by the simple beauty of this film, but left frustrated and bored by its execution. Credit: Sony Pictures Home Entertainment Next up is a brand-new interview with film scholar Hamid Naficy discussing the film. This provides some interesting historic, social, and biographical context to Taste of Cherry. Also on the disc is an interview with Abbas Kiarostami from 1997, speaking at length about the film and many other subjects. Cast: Homayoun Ershadi, Abdolrahman Bagheri, Afshin Khorshid Bakhtiari, Safar Ali Moradi Director: Abbas Kiarostami Writer: Abbas Kiarostami Released By: Sony Pictures Home Entertainment Certificate: PG Duration: 95 mins Release Date: 24th August 2020 There is no narrative drive, just this repetitive sequence of him driving around and having long conversations with the people he picks up as he attempts to convince them to help him. Most of the film is shot in a simple one-two style inside the car. When Kiarostami briefly takes us outside the car he shows us the stunning, bleak landscapes, bathed in gorgeous natural light. It’s an extremely minimalist approach, and one that intentionally invites interpretation. There are some excellent special features to accompany this release. First up is Project, a 44-minute concept film which Kiarostami made to plan out Taste of Cherry. Shot on video, featuring himself and his son acting out the parts, it is kind of like a live action storyboard and script meeting all in one. A fascinating glimpse into his working method. Finally, there is an episode of Observations on Film Art from the Criterion Channel. This features the respected film theorist Kristin Thompson discussing Kiarostami’s use of landscape, and how this supports and reveals character. Abbas Kiarostami’s Palme D’Or winning Taste of Cherry is the latest Criterion title to be made available in the UK. Kiarostami is a hugely divisive director, both in his native Iran, and around the world. Many view his style as the highest level of cinematic artistry, whilst others find his unique approach to the language of filmmaking extremely challenging. He defies audience expectations when it comes to narrative convention, he breaks the fourth wall in the most bafflingly brazen ways, and will often cut away from what we (audiences weaned on traditional narrative cinema) would consider to be the most important scenes in his films. Taste of Cherry—a patience testing meditation on life, humanity, faith, and nature—is no less challenging or divisive. The plot is extremely basic, consisting only of a man, Mr. Badii (Homayoun Ershadi) who is planning to commit suicide. He spends the running time of the film driving around the hillsides on the outskirts of Tehran looking for someone to assist him with his final wishes. Credit: Sony PIctures Home Entertainment As the viewer, we spend most of the film sat alongside Mr. Badii in his car, hoping to engage with him in some way. The massive contradiction at the heart of Taste of Cherry is that even though we spend the film uncomfortably close to Mr. Badii, we are kept at arms-length from him. We know nothing about him. Kiarostami doesn’t invite us to know anything about his subject, and when you finally sense that he might open up, he dramatically pulls the rug from under us in the most unsatisfying way. If you’ve seen it, you’ll know what I’m referring to.last_img read more

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September 26, 2020

£200 TOW BAR STOLEN OFF TIPPER VAN – DUMFRIES

first_imgAddThis Sharing ButtonsShare to FacebookFacebookFacebookShare to TwitterTwitterTwitterShare to LinkedInLinkedInLinkedInPolice in Dumfries are investigating after a towbar was stolen from a from White Ford Transit Tipper van parked within a compound off Irongray Road in the town.The towbar, valued at £200 was stolen in the early hours of Thursday 25th April 2019.Police are keen to identify two males, described as slim build, 5ft 7″ tall, wearing hooded top and the second male slightly heavier set, 5ft 10″ tall wearing hooded top that were seen in the compound around the time.Anyone with any information should contact Police Scotland on 101, quoting incident 0569 of 25th April 2019.last_img

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September 26, 2020

Scottish Exam Downgraded Results Scrapped

first_imgPupils whose results were downgraded by the SQA are to receive new grades based solely on teacher estimates.The SQA’s alternative certification model was put in place after exams were cancelled due to coronavirus (COVID-19). After listening to the concerns of affected young people, parents and teachers over the last week, Ministers are directing the Scottish Qualifications Authority (SQA) to re-issue downgraded awards solely on the basis of teacher judgement, without reference to historical patterns.Deputy First Minister John Swinney today apologised to the 75,000 young people whose estimated mark was reduced by the SQA and said that the downgraded awards risked ‘young people, particularly from working class backgrounds may lose faith in education and form the view that no matter how hard you work, the system is against you.’As a result:Where a teacher estimate was adjusted down by the SQA, candidates will receive the grade the teacher awardedCandidates whose entries were adjusted up by the SQA will retain the higher gradeThe SQA will inform schools of the revised results by Friday 21 August for schools to tell pupils. New certificates will be issued in due course.The SQA will provide new grades to UCAS and other college and university admissions bodies, and the Scottish Government will ensure enough places at colleges and universities so that all places awarded to young people can be taken upIn order to learn lessons and plan for next year:Ministers have asked Professor Mark Priestley of Stirling University to conduct an independent review of the events following the cancellation of the examination diet and make recommendations for the coming year. This will initially report within five weeks.The OECD’s ongoing independent review of Curriculum for Excellence will be asked to include recommendations on how to transform Scotland’s approach to assessment and qualifications, based on global best practice.Mr Swinney said:“These are exceptional times, and in exceptional times truly difficult decisions are made. In speaking directly to the young people affected by the downgrading of awards – the seventy-five thousand pupils whose teacher estimates were higher than their final award – I want to say this: I am sorry. “I have listened and the message is clear. They don’t just want an apology, they want to see this fixed and that is exactly what I will now do. To resolve this issue all downgraded awards will be withdrawn. I am directing the SQA to re-issue those awards based solely on teacher or lecturer judgement.“We now accept that the risk of undermining the value of qualifications is outweighed by a concern that young people, particularly from working class backgrounds, may lose faith in education and form the view that no matter how hard you work, the system is against you. Education is the route out of poverty for young people in deprived communities and we cannot risk allowing that view to take hold.“The SQA will issue fresh certificates to affected candidates  as soon as possible and, importantly, will inform UCAS and other admission bodies of the new grades as soon as practical in the coming days to allow for applications to college and university to be progressed.“I would like to thank all of Scotland’s children, young people and adult learners for the incredible resilience they have shown throughout the COVID-19 epidemic. We are immensely proud of all that they have achieved. I hope that our pupils now move forward confidently to their next step in education, employment or training with the qualifications that teachers or lecturers have judged were deserved.“We will look to learn lessons from the process to awarding qualifications this year that will help to inform any future actions. An Independent Review, led by Professor Mark Priestly of Stirling University, will look at events following the cancellation of the examination diet and given the urgency, I have asked for an initial report with recommendations on how we should go forward this coming year within five weeks.”BackgroundRead Education Secretary John Swinney’s statement to Parliament AddThis Sharing ButtonsShare to FacebookFacebookFacebookShare to TwitterTwitterTwitterShare to LinkedInLinkedInLinkedInlast_img read more

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September 26, 2020

Port of Los Angeles Set to Achieve Record-Breaking Year, Moves 748762…

first_img Author: Priyanka Ann Saini Last month, 748,762 Twenty-Foot Equivalent Units (TEUs) moved through the Port of Los Angeles. While it was the third best October registered by the Port, it is an 8.1 percent decrease compared to last year’s record-breaking October. The last quarter of 2016 the Port handled additional cargo after the Hanjin bankruptcy.Ten months through 2017, volumes are up 6.4 percent compared to last year’s record-breaking 8.8 million TEUs. The Port of Los Angeles is on track to be the first-ever port in the Western Hemisphere to move 9 million TEUs in a year.“In October, the good men and women of the ILWU moved 24,308 TEUs off and back on the Maersk Evora at APM Terminals in Los Angeles, which is believed to be a world record for a single vessel port call,” said Executive Director Gene Seroka. “It’s that kind of efficiency and productivity that our supply chain partners have come to expect and deserve.”In October, loaded imports decreased 8.1 percent to 383,385 TEUs compared to October 2016. Loaded exports decreased 13.3 percent to 144,209 TEUs.  Those figures, coupled with a 4.2 percent drop in empty container traffic, delivered overall volumes of 748,762 TEUs.Through October 2017, cargo volumes are 7,639,756 TEUs, an increase of 6.4 percent compared to the same period in 2016.Sea News, November 15last_img read more

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September 26, 2020

Government to settle Georgetown land issue

first_imgLocalNews Government to settle Georgetown land issue by: – April 2, 2015 Sharing is caring! Tweet Sixty-five families in Georgetown, Portsmouth could soon breathe a sigh of relief as government completes the process to address land and housing concerns there.The residents have protested for government’s approval to occupy twenty-one (21) acres of land in Georgetown.Parliamentary representative for Portsmouth Ian Douglas said the lands could soon be made available to residents. “Well the ministry of housing and lands are in the process, they have drawn up the play for the various lots and the lots have been numbered and so the persons who have applied for the lots at Georgetown are the persons who have been contacted especially persons who have indicated that they want to have a lot there as soon as possible,” he said. Mr. Douglas said ministry will formally write to these recipients formally allocating the various lots. Douglas further stated that the neediest applicants will be given priority. Only 65 lots are available there. Mr. Douglas said the availability of these lands will significantly improve the housing situation at Portsmouth. “There is a dire need for housing in Portsmouth and certainly around the country and certainly the provision of land for housing will alleviate the problem of a need for housing like we have. We said last year that there are persons, young person’s coming up who have left school and now gainfully employed who may want to have a piece of land to have their homes developed and that is what we have been trying to do,” he said. Douglas said the housing revolution that the government started is a classic example of the government providing homes for people in need. Dominica Vibes News Sharecenter_img 192 Views   no discussions Share Sharelast_img read more

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September 26, 2020

Dominica advised to focus on NCD’s

first_img Share Sharing is caring! LocalNews Dominica advised to focus on NCD’s by: Dominica Vibes News – July 9, 2015 Tweet Sharecenter_img Share Director of the Pan American Health Organization (PAHO), Dr. Carissa EtienneDirector of the Pan American Health Organization (PAHO), Dr. Carissa Etienne wants the Roosevelt Skerrit led administration to place strong focus on non-communicable diseases (NCD’s). Dr. Etienne warned on Tuesday 7 July 2015 that Dominica is on a tsunami of chronic diseases and that this issue must be given urgent attention before it worsens. “We need to ensure that we establish the commissions like the NCD commission and make it functional in a multi-sectorial capacity and that we need to develop within the cabinet a strong focus on NCD’s and the health issues,” the PAHO Director advised. “I think this is achievable it doesn’t cost much. I believe also that the government should pay immediate attention to the financing of it,” she continued. Dr. Etienne also advised the Dominica government of the need to pay closer attention to health financing. “We are at the point where we have done the initial assessment with government and we will present those to the Ministry of Health and the Ministry of Finance and begin to identify what are the other issues that need to be assessed and need to be studied as we move along”.Dr. Etienne further stated that these are very serious decisions which require excellent scientific work and significant forecasting so that government is best prepared to make those decisions. 89 Views   one commentlast_img read more

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