Gardai continue to investigate Kilmacrennan fire RELATED ARTICLESMORE FROM AUTHOR Facebook Homepage BannerNews Main Evening News, Sport and Obituaries Tuesday May 25th Pinterest WhatsApp WhatsApp Google+ Facebook By News Highland – August 1, 2014 365 additional cases of Covid-19 in Republic Twitter Palestinian Ambassador to visit Donegal later this month Previous articleKatona’s fiance hospitalised under Mental Health ActNext articleMcGlinchey, Coyle & Mooney in Commonwealth action today News Highland Man arrested on suspicion of drugs and criminal property offences in Derry Further drop in people receiving PUP in Donegal Google+ Officials in Gaza say up to 25 people have been killed in renewed Israeli shelling this morning.Israel’s military says it’s resuming operations – and blaming Hamas for breaking a 72 hour ceasefire brokered by the UN and US.The IDF says a number of its soldiers have been injured in a “serious incident” on its border with Gaza.Meanwhile, after supporting a call for the Israeli Ambassador to Ireland to be expelled in protest at that country’s actions in Gaza, Donegal County Council has voted to officially welcome the Palestinian Ambassador to Ireland Ahmad Abdelrazek and his deputy when they visit the county on Thursday week next.The ambassador will address a public meeting in Gweedore which is being organised by Cllr Michael Cholm Mac Giolla Easbuig………….Audio Playerhttp://www.highlandradio.com/wp-content/uploads/2014/08/michlambassador.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Twitter 75 positive cases of Covid confirmed in North Pinterest
But there are concrete worries about human resources work in the future member states’ administrations (or lack of it), at least in the Czech Republic.The tip of the iceberg is of course new member states’ ministers, their deputies and other high-ranking officials, who often prefer to speak their native languages (as they often know no other ones), and, curiously, shy away from using translator headphones when listening to speeches (as the cliché goes, English is easy, ain’t it?). No wonder, then, that the new statesmen often have very little to say – their lack of language skills is an obvious obstacle to flexibility. From 1939-1989, the extreme-right or extreme-left administrations knew only totalitarian power and politics. Yet, amazingly enough, in 1989 the new leaders somehow forgot to propose and agree upon a new, effective, civil service law. Now, after 15 years, the Czech Republic representatives proudly proclaim that they have such a law. But, alas, the parliament has postponed its entry into force until 1 January 2005.The Czech civil service has for decades been, and probably will still be after enlargement, full of people with little or no skills in languages, who do not know what tendering procedure or equal treatment is, and whose only qualification was not what, but who, they knew. This grave situation is perhaps best illustrated by the fact that several hundred employees at the cabinet office have not been unionized since the early 1990s, and are still afraid their employer would take revenge on them if they chose to join up. The situation in the other nine accession states has, if anything, been worse. Thus, the admission of the ten new members will just add to the Union’s problems, through the new states’ administrations’ incompetency, lack of transparency, inadequate or missing civil service laws, and overall democratic deficit.Name and address withheld
Damon West’s story will reach a global audience at 7 p.m. Wednesday, courtesy of a guest appearance on Eternal Word Television Network. People here can watch it on Spectrum Channel 48, Dish Channel 261 or Direct TV Channel 370.It would be worth your time.West’s book, “The Change Agent: How a Former College QB Sentenced to Life in Prison Transformed His Life,” draws upon his Christian faith and upbringing in a spiritual home to explain his recovery from the depths of drug addiction and subsequent life of crime. He’ll appear with the Rev. Mitch Pacwa, a Jesuit priest, linguist and theologian who, like West, holds passion for ministering to prisoners. The two met at a conference on prison ministry and have struck up a friendship. West is the former Thomas Jefferson High and University of North Texas quarterback who, after injury ended his career, made a steep descent into drug use and crime. Sentenced to 65 years in prison, he came to grips with his personal failures, righted his personal course while behind bars and chose a path of redemption. Since leaving prison on Nov. 16, 2015, he’s focused on sounding a warning to others and expressing the possibility of hope, even from the depths of a cell.“This is completely a God thing,” he said of his scheduled EWTN appearance. “There’s no other way to explain it. So many doors have opened to me provided I go out and serve others and be a positive force for change.”That’s what West and his book are all about these days. He’s reflecting the message of the “coffee bean,” related to him by a wiser, older prisoner — “Mr. Jackson” — when he entered the system in 2008. The lesson went like this: When he entered prison, he could operate from neither cruelty nor weakness, but must beneficially change the atmosphere in which he lived — much like a coffee bean affects the water in which it rests. If you want the specifics, read the book, for sale at the Museum of the Gulf Coast. Or tune in Wednesday. Here’s why it’s worth your time: Although Damon West slid differently than most of us into human weakness, he’s reclaimed and surpassed what he was. Now he’s an author, responsibly employed, nearly done with a master’s degree, with a second book due out. He’s seen the bottom of human frailty and evil, and rebounded into a better place.That’s a life lesson we might all ponder. Each of us in our own lives tries, fails or falls short. But if our best efforts work to benefit those around us, if we beneficially change the atmosphere in which we live, we’ve achieved something special. Start here: Tune in to EWTN on Wednesday.
The claimant company allegedly contracted with the defendant company to sell to the defendant 5,000 MT of sunflower seeds CIF Seville for shipment between 15 September and 15 October 2008. The contract provided for English law and contained an arbitration agreement providing for London FOSFA arbitration and making it a breach of contract to start legal proceedings elsewhere. It was the defendant’s case that there had been no concluded contract and it issued proceedings in Spain in October 2008. On 6 July 2009, the Spanish court dismissed an application made by the claimant for a stay in favour of the FOSFA arbitration which it had initiated on 16 December 2008. In September 2010, the Spanish court dismissed the defendant’s action. The defendant appealed. In due course, an award was issued by the FOSFA tribunal in the claimant’s favour. The claimant applied for permission to enforce the arbitration award in the same manner as a judgment and to enter judgment in the terms of the award pursuant to s 66 of the Arbitration Act 1996 (the Act). Section 66 of the Act so far as material provided that an award made by a tribunal pursuant to an arbitration agreement might by leave of the court be enforced in the same manner as a judgment and judgment could be entered in the terms of the award. Under s 66(3) of the Act, leave to enforce the award would not be given where the person against whom it was to be enforced showed that the tribunal lacked substantive jurisdiction to make the award. The defendant’s position was that the award was a nulity because no contract had been concluded and that ultimately the tribunal had lacked the jurisdiction to make the award. It was common ground between the parties that the question of whether the defendant had lost the right to raise objections to enforcement under s 66(3) depended on whether or not the defendant had taken part in the arbitration proceedings. If it had not done so, then its rights under s 66(3) would have been preserved. If it had done so then its right to rely on s 66(3) would have been lost (by reason of s 73(2) of the Act). The issues were, inter alia, first whether on the evidence the defendant had participated in the arbitration proceedings. In that regard, the claimant submitted that the defendant’s participation was reflected by the fact that tribunal had included a section in its award entitled ‘respondent’s submissions’ and had made ‘findings’ in respect of such submissions. The defendant submitted that any ‘submissions’ had in fact been an objection to the commencement of the atbitration proceedings and a preliminary protest regarding the jurisdiction of the tribunal and could not be read as a submission by the defendant to the tribunal’s jurisdiction on kompetenz-kompetenz grounds. Secondly whether the s 66 application should be dismissed or stayed. In that regard, the defendant submitted, inter alia, that the s 66 application should be dismissed because the evidence showed that there was real ground for doubting the validity of the award. It was the defendant’s case that s 66 of the Act was a summary procedure that was not available where ‘there is a real ground for doubting the validity of the award’. It submitted that the evidence before the court clearly established a real basis for doubting that any contract was concluded. The claimant submitted that in the circumstances the s 66 proceedings should be dismissed and the claimant left, if so advised, to bring an action on the award. The claimant accepted that the defendant had sufficiently shown there were grounds for doubting the validity of the award. However, it submitted that that was an issue which could and should be dealt with in the context of the instant proceedings and that there was no warrant for requiring it effectively to start all over again. The court ruled: (1) Case law drew a distinction between protesting that the arbitration tribunal had no jurisdiction, asserting that the issue should be decided by some other court or tribunal, and asking the tribunal to consider the issue of jurisdiction. In the latter case, the party was likely to be held to have invoked the jurisdiction of the tribunal (see  of the judgment). In the instant case, the correspondence had done not more than make it clear that the defendant was protesting the jurisdiction of the tribunal and asserting that they should decline to exercise any jurisdiction that they might have pending determination of the jurisdiction issue by the Spanish court. It had never recognised that the tribunal had jurisdiction, still less had it invited them to consider or determine the issue of jurisdiction. The letters had been directed at explaining why the defendant was not going to participate in the arbitration. They had not been inviting any jurisdiction to be exercised. They had been asserting that any jurisdiction the tribunal might have should not be exercised at that stage. Inviting the tribunal to decline jurisdiction had not in itself been an invocation of its jurisdiction (see ,  of the judgment). The claimant’s argument that the defendant had lost the right to object to the jurisdiction of the arbitration under s 66(3) of the Act would be rejected (see  of the judgment). Caparo Group Ltd v Fagor Arrasate Sociedad  ADLRJ 254 considered; Law Debenture Trust Corpn plc v Elektrim Finance BV  All ER (D) 08 (Jul) considered; Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH  All ER (D) 106 (Oct) considered. (2) The court had the power to direct that there be a determination of disputed issues of fact under s 66 of the Act and there was no necessity for that to be done by way of action on the award. In cases of complexity it would still be appropriate for the proceedings to continue as if it were an action, however, in relatively straightforward cases of fact such as were commonly determined on an application under s 67 of the Act. It was appropriate for the issues to be dealt with under s 66 and for appropriate directions to be given under CPR 62.7 (see  of the judgment). The proviso in s 66(3) of the Act, applied where the person resisting enforcement ‘showed’ that the tribunal had lacked jurisdiction. That indicated proof of that fact rather than merely that it involved a triable issue. It also indicated that that was a matter which could be determined in the context of the s 66 procedure. By contrast in an action on an award, it was incumbent on the claimant to ‘plead and prove both the arbitration agreement and the award’ and to establish that the dispute was within the terms of the submission and that the arbitrator was duly appointed. If the party who had obtained an award could not rely on s 66 and was compelled to start an action on the award the burden of proof would accordingly be the reverse of that contemplated under s 66(3) and he would therefore lose that benefit, a benefit which the Act conferred on him. In effect, the party who had obtained an award had the benefit of a presumption of validity and it was for the party resisting recognition to prove otherwise. Section 66 conferred that benefit but one which would be lost if an action on the award was the only means by which disputed issues of validity could be resolved (see - of the judgment). The defendant’s case that the s 66 application should be dismissed or stayed would be rejected, however, the defendant had not lost the right to challenge jurisdiction and directions for that determination needed to be given (see  of the judgment). Sovarex SA v Romero Alvarez SA  All ER (D) 225 (Jun),  EWHC 1661 (Comm) Award – Enforcement – Action to enforce award David Lewis (instructed by Gateley LLP) for the claimant. David Semark (instructed by Ashfords LLP) for the defendant.
Sharing is caring! Tweet Share Share Director of the Fund, Willie Fevrier (file photo)Parents who wish to apply for assistance under the Education Trust Fund’s (ETF) assistance programs are advised to do so before July 31, 2014.Willie Fevrier, the director of the Fund, emphasized at a press conference on May 19, 2014 that parents should apply early, especially parents who need assistance with payment of CXC examination fees.“What we find is that people wait until November, when the school has informed the parents that this child is going to sit the CXC Examination and at that point then they come with an application”.CXC examination fees are usually due for payment between November/December every year.“Parents ought to know that their children are in the fifth form and should prepare to ensure that they have the fees to pay for the examination fees,” Mr Fevrier said.Board member of the Fund, Vinna Royer (file photoHe added that parents should not wait until November to apply for assistance because this will put them at a disadvantage.“We are insisting that all applications should be in, if your child is in the fifth year of school, you know that the child is going to be sitting the CXC, ensure that if you’re going to need assistance, ensure that you submit an application no later than July 31st,” Mr Fevrier urged. The Fund is designed to provide assistance to parents who are challenged in meeting requirements to keep their children in school.It assists with textbooks, transportation where buses have not been engaged, school registration and CXC examination fees among others.“It is important that you let us know early,” Board member of the Fund, Vinna Royer emphasized.“Don’t wait until October and some people actually wait until November, until the very week when they should be submitting their CXC registration for them to come to the Trust Fund. You need to do it and do it by the end of July,” Mrs Royer advised.Moreover, she warned that all sections of the application form, including Section IV which deals with background information, must be completed before the form is submitted to the Education Trust Fund’s Office on Cornwall Street in Roseau by.“Some people feel that they’re not supposed to tell their business. Now how can we know that you need assistance if you don’t tell us your business,” Mrs Royer questioned. She added that all information submitted to the Fund remains confidential and so parents should not be concerned about providing the information.“We’ve always been very, very firm and private about that. Your business, your background information is private information but of course we need to know so you need to tell us,” she said.Dominica Vibes News 53 Views no discussions EducationLocalNewsPrimarySecondary Public warned to adhere to ETF application deadline by: – May 20, 2014 Share