Civil procedure

first_img In person for the appellant; Christopher Brown (instructed by Thompson & Co) for the respondent. Legal profession – Course of conduct – Defence statements – Harassment X had previously worked for D as an assistant solicitor. During that period D had had clients whose legal fees had been guaranteed by an individual (B). X ceased his employment with D and later ran his own firm. D issued proceedings against B under the guarantee and B instructed X to act for him in those proceedings. Within the following month D wrote three letters to X alleging a conflict of interests and acts of impropriety by X and questioning his motivation for acting for B. The third letter made allegations of illegality and impropriety by an individual with whom X had previously run a partnership. X made a claim under the Protection from Harassment Act 1997. D served a defence in which they made further allegations against X including of bigamy and forging a statement of truth. X’s claim was later struck out. On appeal the judge found that: the third letter was arguably capable of being described as harassing but that it was only one instance and so did not form a course of conduct; the defence did not amount to an occasion of harassment, partly because the cause of action had to be established as at the date of the claim form and what was said in the defence occurred thereafter; a partnership could not be a ‘person’ within the meaning of the act. The instant court was required to determine: (i) the difference between the third letter and the first two letters; (ii) whether, even if the first two letters by themselves were not capable of constituting harassment, they could amount, together with the third letter, to a ‘course of conduct’ within the meaning of the act; (iii) whether the defence could be relied upon as evidencing a course of conduct and whether it mattered that the defence post-dated the claim form; (iv) whether a partnership could be a defendant to a civil action under section 3 of the act. Held: (1) The three letters, particularly when viewed in light of each other, and especially the last two, arguably amounted to a deliberate attack on X’s professional and personal integrity, in an attempt to pressurise him, by his exposure to his client, the court or both, into declining to act for B or else advising B to meet D’s demands. Each letter, when considered side by side, arguably evidenced a campaign of harassment against X. They were arguably capable of causing alarm or distress and were arguably unreasonable, or genuinely offensive and unacceptable. Where a professional man’s integrity was deliberately and wrongly attacked, a potential claim lay under the act, Thomas v News Group Newspapers Ltd [2001] EWCA Civ 1233, [2002] EMLR 4 and Majrowski v Guy’s and St Thomas’s NHS Trust [2006] UKHL 34, (2007) 1 AC 224 considered (see paragraphs 41-42 of judgment). (2) The act was concerned with courses of conduct that amounted to harassment, rather than with individual instances of harassment. The course of conduct had to amount to harassment, both objectively and in terms of the required mens rea. The judge therefore erred in failing to ask himself, in light of his finding as to the third letter, whether the three letters as a whole could amount to a relevant course of conduct, Kelly v DPP [2002] EWHC 1428 (Admin), [2002] 166 JP 621 considered (paragraphs 45, 51). (3) X could refer to the defence as throwing evidential light on the proper understanding, interpretation and assessment of the letters. If it was doubtful that they arguably amounted to a course of conduct amounting to harassment the question could be looked at with the evidential assistance of the defence. For those purposes it did not matter that the defence post-dated the claim form. Further, in as much as X sought to rely on the defence as a second occasion making up a course of conduct, the judge erred in excluding it from consideration because it occurred after the claim form. That was a rule of practice, rather than a rule of law, and it could be departed from when the justice of the case required. Under the act a victim could seek an injunction before a course of conduct had been established if they could show a suitable case of fear of such a course of conduct. That was part of what X sought to do. In those circumstances it was profitless and harsh to force a claimant back to the issue of a further claim form where a defendant provided a further occasion making up a course of conduct amounting to harassment in the course of proceedings (paragraphs 52-53). (4) There was no reason why ‘person’ in section 3 should not be given its natural meaning, Majrowski considered. Therefore, a partnership could be a defendant to a civil action under that section (paragraph 63). Appeal allowed. center_img The appellant (X) appealed against a decision upholding the striking out of his claim of harassment made against the respondent firm of solicitors (D).last_img read more

Seniors keep fit and healthy

first_img 1 of 2 Katie Links, 80, has been with the Bluegum Fitness Club since its inception five years ago. Exercising for the mind, body and spirit. That is the motto of the Bluegum Fitness Club in Bonteheuwel, which is celebrating its fifth anniversary. FounderJennifer Grey said she had a vision to start an exercise club for all the women who were at home during the day – with many facing challenges within their families.“Here we can destress, exercise, and socialise. We also have a lot of outings and weekends away,” Ms Grey said. The club has grown from 10 members to 50, and women from the age of 40 have joined up. The group is not only there for the members’ physical health, but also to support one another emotionally and spiritually.Members have transformed one of the store rooms at the Bluegum community centre -where they meet – into a prayer room.“If we have problems or illnesses, we go to the prayer room. And we have members from the Christian and Muslim faiths,” Ms Grey said. Many of the members can share stories of how being part of the club improved their health. Some have chronic illnesses, but have made remarkable improvement that they are even off the medication. Joyce Gouvea said she was so unfit when she joined the club, that she couldn’t even bend. “I have high blood pressure, but since being with the club, it’s all under control now,” Ms Gouvea added. Nawaal Hassiem said an injury left her with “eight screws in my back”, and the exercise has helped her deal with the pain.Doris Cochlan used a walking stick when she joined the club, but she no longer needs it, and Jamiela Davids had hip replacement surgery, but not even that can slow her down. Katie Links, 80, is the club’s oldest member, who has been with the group since its inception. The executive of the club, are, from left, Jean Brooks, Jennifer Grey, Fatima Skippers, Mary Kammies, and Joyce Gouvea.center_img Katie Links, 80, has been with the Bluegum Fitness Club since its inception five years ago.last_img read more

No. 6 UWF Opens NCAA Tourney With 5-2 Victory

first_imgCOMPLETE RESULTS (pdf)SAINT LEO, Fla. – The sixth-ranked UWF men’s tennis team used a dominating performance with a 5-2 win over ninth-ranked Lynn to advance into the finals of the NCAA South Region Tournament at the Saint Leo Tennis Center Sunday. The Lions defeated the Argos 7-2 on the same courts in mid-March. “We were fortunate to close out a couple of the singles matches quickly and that gave us the moment for the remainder of the match.” UWF (19-6) defeated Lynn (16-8) for the second time this season and advances into Monday’s match against top seeded and No. 2 ranked Saint Leo (23-1). Start time is set for 3:30 p.m. Eastern Time. Juan Pablo Boada and Pedro Roese earned the first point with a 8-4 victory at No. 2, followed shortly by Alex Peyrot and Kenny Brasil – the No. 5 doubles tandem in the country – collected a 8-3 win at the top spot for their ninth-consecutive victory. The duo are now 19-3 on the season. On Sunday, UWF earned early wins at Nos. 2 and 1 doubles, respectively, before a late tiebreak at No. 3 win gave Lynn its first point of the contest. “I had lost to him in the regular season so it was nice to get the win today,” Boada said. “I was pumped to get the doubles win and it carried over into single play today.”  Print Friendly Version With the focus on singles, and UWF needing just three wins to advance, they got a pair of quick straight-set decisions from Sebastian Sanchez at No. 5 and Peyrot at No. 1. Sanchez eliminated Ethan Itzkovitz, 6-1, 6-1, and Peyrot showed why he is the No. 11 singles player in the country with a 6-2, 6-1 win over Daniel Riggs. Following the Fighting Knights’ lone singles point at No. 6, Boada clinched the match for the Argonauts at No. 2, 6-3, 6-4 over No. 50 ranked Mehdi Laalej. For Boada, the win avenged a 6-1, 6-2 loss to Laalej in the regular season on Feb. 27. “It was a great match and we always have nice battles with Lynn,” UWF head coach Derrick Racine said. “Doubles were very close and we had a chance to be up 3-0 but Lynn fought hard at the 3 spot to get the tiebreak.last_img read more

Ovechkin, Caps Rout Predators, 5-2

first_imgIn hockey, if you play the right way, good things usually happen.On Tuesday night, Washington played the right way for the first 30 minutes against Carolina but ended up losing, primarily on goaltending. On Saturday night, the Capitals once again came out the correct way, but this time they received the expected result, racing to an early 3-0 lead and cruising to a 5-2 victory over the Nashville Predators.Troy Brouwer, Alex Ovechkin, Karl Alzner, Nate Schmidt, and Eric Fehr all tallied in a much needed win that pushes the Caps record to 15-12-2 (32 points), good for second place in the Metropolitan Division.Going up and down the roster on Saturday night, every player contributed in this victory and Caps Coach Adam Oates has to be happy about that. His team did a nice job of getting pucks and bodies to the net and that allowed them to score more goals. Sure Nashville misses goalie Pekka Rinne, who is one of the league’s best, but Washington made it tough on backup Marek Mazanec with an increased net presence.Defensemen Patrick Wey received his first NHL game tonight replacing Tyson Strachan, who was sent back to Hershey before hitting the 10 game limit that eventually would require #23 to clear waivers to go to Chocolatetown, and he acquitted himself well playing with Dmitry Orlov. Since #81 has gotten into the lineup the Capitals puck movement out of their own zone has been on the uptick (last three games). Every defensemen played well on Saturday. Schmidt notched his 1st NHL goal, Alzner scored his first ever tally at the Verizon Center, and Mike Green and John Carlson were dominant. #74 was +3 on the night. I’m not a big +/- stat guy, but that number was reflective of Carlson’s performance against Nashville. He is playing super and Preds GM David Poile, who doubles as Team USA GM, has to be pretty happy about having Carlson on the American Olympic team roster in Sochi in February.Up front, Martin Erat (1 assist) had a productive night against his old team and he clicked as the center with Joel Ward and Jason Chimera. Both of those wingers, #’s  25 and 42, have continued to make whomever their 3rd line mate is look good this season. As I said above, up and down the lineup there were strong performances. Tom Wilson continues to impress and at some point, he will deserve more ice time. Washington has a surplus of forwards and they’ve now used 12 defensemen this season. That is number one in the NHL. The defense, after Green, Carlson, and Alzner, is extremely inexperienced. Schmidt is playing super but it’s a long season and then comes the playoffs. Once everyone is healthy up front, and Brooks Laich doesn’t appear to be close to that right now, a trade to get a more experienced and top 4 D seems necessary.Right now, what matters is playing properly and getting wins. This was a victory against a Western Conference team and in regulation. Washington played well and deserved the two points, now they go to New York on Sunday night to take on the despised New York Rangers. A victory there would be big for this team. If they play the same way they did tonight and get pucks and bodies to the net, the Caps will finally be able to dent Henrik Lundqvist, assuming he’s in net for the Blueshirts.Notes: Lundqvist took the loss for the Rags against the Devils tonight so it’s not clear if the $59.5M man will start against Washington on Sunday. One would imagine that Oates comes back with Holtby at Madison Square Garden. Braden is great in Saturday night games and once again he produced a victory. It must be the Hockey Night in Canada influence that gets #70 to raise the bar on Saturday tilts…the Caps were 1-4 on the power play and Ovechkin now has 136 career PP goals, one behind the Capitals all time leader, Peter Bondra. The Gr8 has 22 goals in 27 games, a staggering pace…Wilson beat up Rich Clune after the Predator tried to change the momentum of the game. #43 is tough and is already in the “Eats Rocks for Breakfast” club…Mikhail Grabovski and Nicklas Backstrom each had two assists…Washington won the faceoff battle, 34-30.last_img read more

PNG women through to gold play off

first_imgPNG won the game in the first half, scoring all three of their goals through Georgina Kaikas, Ramona Padio and Meagen Gunemba.Gunemba, after three games, has scored five goals.PNG will meet New Caledonia for gold this Thursday. New Caledonia was too strong, beating Cook Islands 5-1 in the first semi-final earlier today.This means Cook Islands play Samoa in the bronze play off.last_img