Archive for the 'appeals' Category

LSB consults on appeal arrangements for SRA as a licensing authority – Legal Services Board

“The Legal Services Board (LSB) has today published a consultation on proposals to establish the appeals mechanism in relation to decisions made by the Solicitors Regulation Authority (SRA) should it be designated as a Licensing Authority under the Alternative Business Structures (ABS) framework. Annexed to the consultation is an impact assessment.”

Full story

Legal Services Board, 5th May 2011

Source: www.legalservicesboard.org.uk

Okafor v Secretary of State for the Home Department – WLR Daily

Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146

“Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. If a person no longer had a right to reside in the United Kingdom, the fact that the Secretary of State had not cancelled the document which initially granted that right could not establish a right of lawful residence under national law.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Redcard Ltd and others v Williams and others – WLR Daily

Redcard Ltd and others v Williams and others [2011] EWCA Civ 466; [2011] WLR (D) 145

“Under section 44 of the Companies Act 2006 a company document could validly be signed by signatories acting for the company even though the execution did not take place either with the common seal of the company or by expressly being signed ‘for or on behalf of the company’.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) – WLR Daily

Beedles v Guinness Northern Counties Ltd (Equality and Human Rights Commission intervening) [2011] EWCA Civ 442; [2011] WLR (D) 143

“Where a lease provided for quiet enjoyment that meant an ability to use the premises in an ordinary lawful way. Consequently where a disabled tenant requested a service from his landlord such as repair or redecoration the court had to assess whether the provision of that service would enable him to live as would any other typical tenant in the premises.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another – WLR Daily

Regina (Parent Governors of the Cardinal Vaughan Memorial School) v Archbishop of Westminster and another [2011] EWCA Civ 433; [2011] WLR (D) 142

“The Archbishop of Westminster had an unfettered discretion to appoint who he wished as a foundation governor of a Roman Catholic school in his diocese provided the School Governance (Constitution) (England) Regulations 2007 were complied with, and that included appointing his diocesan director of education as a governor at the school. The requirement in regulation 18 that two of the foundation governors should at the time of their appointment be eligible for election or appointment as parent governors was fulfilled by the presence on the existing governing body of two foundation governors who had been so eligible when they were appointed.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

ETK v News Group Newspapers Ltd – WLR Daily

ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141

“The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Djanogly v Westminster City Council – WLR Daily

Djanogly v Westminster City Council [2011] EWCA Civ 432; [2011] WLR (D) 140

“When making a traffic management order a local authority was entitled to see the fair spreading of costs for suitable and adequate parking facilities between motorcyclists and car drivers as a legitimate consideration.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jailed heroin restraint mother Julia Saker loses appeal – BBC News

“A Kent mother who was jailed for tying up her daughter to stop her buying heroin has lost an appeal against her prison sentence.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

Family of Kevin Lavelle loses ‘dumbbell’ legal bid – BBC News

“The family of a man who died in a pub fight after being attacked with an iron dumbbell have lost their latest legal bid to find his killer.”

Full story

BBC News, 18th April 2011

Source: www.bbc.co.uk

DPP asks power station protesters to appeal against trespass convictions – The Guardian

“The 20 protesters convicted of conspiracy to commit aggravated trespass after a demonstration at the Ratcliffe-on-Soar power station have been invited to appeal against their convictions by the director of public prosecutions.”

Full story

The Guardian, 18th April 2011

Source: www.guardian.co.uk

Football Dataco Ltd v Smoot Enterprises Ltd – WLR Daily

Football Dataco Ltd v Smoot Enterprises Ltd [2011] EWHC 973 (Ch); [2011] WLR (D) 136

“The court’s power to grant judgment in default under CPR Pt 12 could be exercised notwithstanding the fact that part of the relief sought by the claimant turned on a question of European law which was the subject both of an unresolved appeal to the Court of Appeal and of a reference by that court to the Court of Justice of the European Union.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v First-tier Tribunal – WLR Daily

Jones v First-tier Tribunal [2011] EWCA Civ 400; [2011] WLR (D) 131

“An offence of inflicting grevious bodily harm, contrary to section 20 of the Offences against the Person Act 1861, was a ‘crime of violence’ for the purposes of the Criminal Injuries Compensation Scheme 2001.”

WLR Daily, 12th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

London G20 demo: ‘Kettling’ tactic ruling due – BBC News

“A High Court ruling on whether police in London acted lawfully when they used “kettling” tactics at the G20 protests two years ago is expected later.

Full story

BBC News, 14th April 2011

Source: www.bbc.co.uk

Prisoners’ voting rights: government loses final appeal in European court – The Guardian

“The government has lost its final appeal against giving prisoners the right to vote following a ruling by the European court of human rights.”

Full story

The Guardian, 12th April 2011

Source: www.guardian.co.uk

Court of Appeal rejects ‘hit-and-run’ deportation bid – BBC News

“A government bid to deport a failed asylum seeker who killed a 12-year-old girl in a hit-and-run in Lancashire has been rejected by the Court of Appeal.”

Full story

BBC News, 8th April 2011

Source: www.bbc.co.uk

Murder convictions appeal over ‘prison guard juror’ – BBC News

“The murder convictions of two Nottingham men could be unsafe because one of the jurors was a prison officer, the Criminal Appeal Court has heard.”

Full story

BBC News, 9th April 2011

Source: www.bbc.co.uk

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same – WLR Daily

Please note that we have been experiencing some difficulties linking to WLR Daily case summaries. If you find that a link does not take you to the case you were expecting, you can also find it by using the ‘case search‘ function on the ICLR website.

Makisi v Birmingham City Council; Yosief v Same; Nagi v Same [2011] EWCA Civ 355; [2011] WLR (D) 124

“An applicant for housing under the homelessness provisions who, on an review of a decision to refuse accommodation, had a right to make oral representations where there had been a deficiency or irregularity in the original decision, could insist on a face-to-face hearing with the reviewer at which he or his representative could make representations.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ing Bank NV v Ros Roca SA – WLR Daily

Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122

“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”

WLR Daily, 31st March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man cleared over Northampton court jury summons error – BBC News

“A man given a criminal record and a £500 fine for failing to respond to a jury summons sent to the wrong address has been cleared by an appeal judge.”

Full story

BBC News, 4th April 2011

Source: www.bbc.co.uk

Owens v Dudley Metropolitan Borough Council – WLR Daily

Owens v Dudley Metropolitan Borough Council [2011] EWCA Civ 359; [2011] WLR (D) 120

“Where the pension entitlement of an employee seeking a teachers’ pension was being determined and the term ‘teacher’ had not been defined by the legislature the word was to be construed in accordance with its natural meaning.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ilott v Mitson and others – WLR Daily

Ilott v Mitson and others [2011] EWCA Civ 346; [2011] WLR (D) 119

“Where an adult child sought to claim against the estate of a deceased parent under the Inheritance (Provision for Family and Dependants) Act 1975, the first stage was a value judgment as to whether or not the deceased’s dispositions made reasonable financial provision for the claimant. There was no obligation to balance the section 3 factors at that stage nor to explain why the combination of those factors led to a conclusion that no provision was unreasonable; what mattered was that the decision, taken as a whole, explained the conclusion reached.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) – WLR Daily

Mayhew v King and others; Chaucer Insurance plc (Part 20 claimant) v Folgate London Market Ltd (formerly Towergate Stafford Knight Co Ltd) (Part 20 defendant) [2011] EWCA Civ 328; [2011] WLR (D) 117

“A clause in a settlement agreement relieving the paying party from its obligation to make payment to the receiving party in the event of the latter’s insolvency infringed the ‘anti-deprivation principle’ which prevented the making of a valid contract by which a person’s property was to remain his until bankruptcy but on such event was to pass to someone else and be taken away from his creditors.”

WLR Daily, 31st March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Taylor (George Charles) – WLR Daily

Regina v Taylor (George Charles) [2011] EWCA Crim 728;  [2011] WLR (D)  108

“Records kept on computer that affected or related to a company’s property or affairs were within the composite expression ‘book or paper affecting or relating to the company’s property or affairs’ within section 206(1)(c) of the Insolvency Act 1986.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pritchard v Co-operative Group (CWS) Ltd – WLR Daily

Pritchard v Co-operative Group (CWS) Ltd[2011] EWCA Civ 329;  [2011] WLR (D)  110

“Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in respect of the assault and battery could be reduced to take account of that contributory negligence.”

WLR Daily,28th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mohammed and others v Home Office – WLR Daily

Mohammed and others v Home Office [2011] EWCA Civ 351;  [2011] WLR (D)  112

“The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (MK (Tunisia)) v Secretary of State for the Home Department – WLR Daily

Regina (MK (Tunisia)) v Secretary of State for the Home Department [2011] EWCA Civ 333; [2011] WLR (D) 106

“A claimant whose leave to remain in the country was cancelled while he was out of the country did not thereby lose his in-country right of appeal, and he could therefore return to exercise that right of appeal against the cancellation.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another – WLR Daily

Regina (Save Britain’s Heritage) v Secretary of State for Communities and Local Government and another [2011] EWCA Civ 334; [2011] WLR (D) 107

“Demolition works were capable of constituting a project for the purposes of article 1(2) of Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.”

WLR Daily, 25th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Naked burglar fails to get jail sentence overturned – BBC News

“A naked burglar who broke into the homes of two families has failed to persuade judges that his indefinite jail term was unfair.”

Full story

BBC News, 29th March 2011

Source: www.bbc.co.uk

Beshenivsky killer Mustaf Jama loses appeal – BBC News

“A man who murdered a Bradford policewoman during a bungled robbery has lost an appeal against his conviction.”

Full story

BBC News, 28th March 2011

Source: www.bbc.co.uk

Drug lord Curtis Warren’s conviction stands after supreme court rejects plea – The Guardian

“One of Britain’s most notorious drug dealers, Curtis Warren, has lost a legal battle that would have led to his conviction being overturned.”

Full story

The Guardian, 28th March 2011

Source: www.guardian.co.uk

Sharon Shoesmith in appeal over sacking – The Independent

“Sharon Shoesmith has launched a Court of Appeal battle over her sacking after the Baby P tragedy.”

Full story

The Independent, 28th March 2011

Source: www.independent.co.uk

Appeal Court frees man jailed for Northampton rape – BBC News

“A man jailed for seven years for raping a Northampton woman had been freed after the Court of Appeal ruled his conviction was unsafe.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Wife loses bid for bigger payout from estranged husband – Daily Telegraph

“The estranged wife of a former banker who argued that £4.8 million was not enough to live on yesterday lost a High Court bid for a larger slice of his wealth.”

Full story

Daily Telegraph, 23rd March 2011

Source: www.telegraph.co.uk

David Chaytor loses appeal to reduce jail sentence for expenses fraud – The Guardian

“Former Labour MP David Chaytor has lost an appeal to reduce his prison sentence for fiddling parliamentary expenses as senior judges ruled he had inflicted ‘serious damage’ to our ‘priceless democratic system’ and could have received an even longer jail term.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk

David Chaytor seeks cut in prison sentence – The Guardian

“The former Labour MP David Chaytor has launched a high court bid to reduce his 18-month prison sentence for fiddling his parliamentary expenses.”

Full story

The Guardian, 22nd March 2011

Source: www.guardian.co.uk

Road rage killer Kenneth Noye loses appeal – The Independent

“Road rage killer Kenneth Noye lost an appeal against his murder conviction today.”

Full story

The Independent, 22nd March 2011

Source: www.independent.co.uk

Man jailed for breaching ‘£2m Asbo’ challenges order – BBC News

“A man who has been repeatedly jailed for the past eight years for defying an anti-social behaviour order (Asbo) is seeking to have it overturned.”

Full story

BBC News, 21st March 2011

Source: www.bbc.co.uk

Regina (Medical Justice) v Secretary of State for the Home Department – WLR Daily

Regina (Medical Justice) v Secretary of State for the Home Department [2011] EWCA Civ 269; [2011] WLR (D) 95

“Where a party sought permission to appeal from a judge and permission was granted on terms, that party had no right to appeal against those terms by reason of section 54(4) of the Access to Justice Act 1999, unless the party concerned was not present at the permission hearing at which the terms were imposed. The proper course was either to accept the terms, or to treat them as a refusal of permission and to make a fresh application under section 54(4) to the appropriate appeal court for permission.”

WLR Daily, 16th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ali Dizaei witness is arrested on suspicion of fraud – The Guardian

“The man whose evidence led to the jailing of a police chief has been arrested on suspicion of fraud days before the crown will try to convince judges that he is still a reliable witness, the Guardian has learned.”

Full story

The Guardian, 20th March 2011

Source: www.guardian.co.uk

Teacher loses appeal against dismissal over raunchy novel featuring pupils – The Guardian

“A teacher who helped pupils to read by writing them into a raunchy novel has lost her appeal against dismissal, but on a majority verdict in which she was strongly backed by the judge chairing the employment tribunal.”

Full story

The Guardian, 18th March 2011

Source: www.guardian.co.uk

Northampton man who raped woman in flat fails in appeal – BBC News

“A rapist who subjected a woman to an all-night ordeal after locking her in a flat has failed in an appeal against his indefinite jail sentence.”

Full story

BBC News, 15th March 2011

Source: www.bbc.co.uk

British Telecommunications plc v Office of Communications (Hutchison 3G UK Ltd intervening) – WLR Daily

“On its true interpretation section 192(6)(a) of the Communications Act 2003 did not impose a statutory bar on the introduction of fresh evidence on an appeal to the Competition Appeal Tribunal.”
WLR Daily, 11th March 2011

Bank of Scotland v Pereira and others – WLR Daily

“A party against whom a judgment in default of appearance had been given was entitled to apply to set aside that decision, if she met the three conditions in CPR r 39.3, and could seek to appeal against the default judgment under CPR Pt 52 whether or not she could comply with the rule 39.3 conditions. The Court of Appeal gave guidelines on the interrelationship between an application to set aside and an appeal against the same judgment.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ministry of Defence v Wallis and another – WLR Daily

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Yorkshire Ripper Peter Sutcliffe loses life tariff case – BBC News

“Yorkshire Ripper Peter Sutcliffe has lost a bid to go to the highest court in the land to challenge an order that he should never be released.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Kenneth Noye appeals against M25 murder conviction – BBC News

“One of the UK’s most notorious criminals is appealing against his conviction for a 1996 road rage murder.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Malton jockey fire deaths conviction appeal upheld – BBC News

“A man jailed for a minimum of seven-and-a-half years for killing two young jockeys in an arson attack has had his conviction upheld.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

Khyra Ishaq starvation pair’s appeal fails – BBC News

“A mother and stepfather jailed for starving a seven-year-old girl to death have lost their appeals.”

Full story

BBC News, 1st March 2011

Source: www.bbc.co.uk

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is remoced.

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lynch v Ceva Logistic Ltd and another – WLR Daily

Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66

“The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions to its employee as to how to carry out the work.”

WLR Daily, 28th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd – WLR Daily

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62

“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Virgin Atlantic Airways Ltd v Delta Air Lines Inc – WLR Daily

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162; [2011] WLR (D) 60

“Notwithstanding the difficulties which could arise in cases where the technology was complex, it should not be assumed that summary judgment was not for patent disputes; the general rules as to summary judgment applied equally to patent cases as to other types of case and where the technology was relatively simple to understand, and the court was able, on summary application, to form a confident view about the claim and its construction, in particular about the understanding of the man skilled in the art, there was no good reason why summary procedure could not be invoked.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.


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