A Blood Drive is underway until 4 p.m. today at First Baptist Church of Los Alamos at 2200 Diamond Dr. Donors receive a t-shirt. Courtesy image
A peace rock is spotted Monday on Los Pueblos. Courtesy photo A tree trunk painted with a kind message is spotted Monday during a walk Love on Navajo. Courtesy photo
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[mappress]Press Release, June 12, 2013 South Africa’s National Oil Company, PetroSA, has signed a Technical Cooperation Permit (TCP) agreement with Sasol to explore a block in the country’s offshore area.The TCP represents the first such cooperation in exploration between the two companies in 10 years.It allows the two companies to explore Block 3A/4A, which is located within the Orange Basin, along the western margin of South Africa. Large and relatively under-explored, the block covers 19 066 km2, with water depths ranging from 100 to 500 metres.PetroSA and Sasol each have 50% equity in the block, and PetroSA will be the operator of the TCP.PetroSA Group CEO Ms Nosizwe Nokwe-Macamo said that, in order to deliver on its mandate of ensuring security of liquid fuels supply in the country, the National Oil Company entered into strategic partnerships with different entities.In the past two years PetroSA has concluded cooperation agreements with well-known oil and gas companies such as Sinopec, Eni, PetroMoc and the Korea National Oil Corporation, among others.The partnership with Sasol on Block 3A/4A has significant strategic value to PetroSA’s West Coast exploration efforts.“The rationale for the partnership with Sasol is that South Africa wins when the country’s two oil and gas companies work together to leverage their respective expertise,” Nokwe-Macamo said.She also noted that Block 3A/4A is on trend with the Ibhubesi Gas Field located to the immediate North. During the TCP PetroSA will conduct geochemical analysis, basin modelling and seismic interpretation in order to evaluate the acreage’s hydrocarbon prospectivity.
KPN Critical Communications has signed a strategic agreement with Frequentis for the Netherlands. This partnership confirms and strengthen the ambition of KPN to be and stay the provider of services in the maritime segment.KPN Critical Communications develops and innovates continuously to align the market demand and increasing technical developments. This to offer a state of the art, future-proof and reliable service portfolio.Frequentis is a proven value in the maritime segment for shore communications and information solutions in the Netherlands and Europe. Frequentis builds high quality standardized modular systems with end-to-end quality assurance.Almost every specific customer need can be performed in this production. At the same time this high standardization of modules, sophisticated development and log production cycles are well managed and supported for the long term. [mappress]Press Release, November 29, 2013
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In last month’s Case in Focus article the recent decision of Allen Tod Architecture Ltd (in liquidation) vs Capita Property and Infrastructure Ltd was discussed. This confirmed the robust stance the courts take when a party changes expert witness. The facts and decision are set out in that article. My firm, Beale & Company, acted for Capita in successfully obtaining disclosure of the first expert’s reports.The case drew attention again to the influence experts have in bringing or defending a claim. It is well established that evidence is required from an expert in the relevant field to support a professional negligence claim and without it a claim is liable to be struck out. However, the importance of choosing the right expert and at the right stage in the proceedings has been brought into focus again by the Allen Tod decision. It is clear that an expert’s opinion, even at an early stage in the investigations, is disclosable should that party later want to change experts. This is because, although an expert is appointed by one party, his or her duty is to provide an opinion to the court to consider. What is clear from the recent case law, culminating in the Allen Tod case, is that parties must understand if they receive a preliminary opinion from one expert but then get a report from another they may well have to disclose that preliminary opinion regardless of whether it was Part 35 compliant for the court or not. In a nutshell parties and experts must be conscious of the duties under CPR 35.3 regardless of whether they are instructed pre- or post- the issue of proceedings. CPR 35.3 provides: “(1) It is the duty of experts to help the court on matters within their expertise.(2) This duty overrides any obligation to the person from whom experts have received instructions or by whom they are paid.”Parties should take care in communications with experts. Experts equally should be wary as to the manner in which they express their opinion in correspondence with the parties and should ensure, where the opinion is preliminary or caveated, this is clearly expressed. This is not to say that parties cannot have legitimate reasons for changing experts but it is to stop parties from abusing this duty to the court through expert shopping that has led the courts to make decisions that require the disclosure of earlier experts’ reports before allowing permission to call a new expert. The issue bites when a party acknowledges it had an expert opinion from one source and then changes to anotherIn the recent case of Coyne vs Morgan & Anor (t/a Hillfield Home Improvement)  the courts reconfirmed the duty of an expert to the court – it was held that “once the parties have engaged in a relevant pre-action protocol process, and an expert has prepared a report in the context of such process, that expert then owes a duty to the court irrespective of his instruction by one of the parties, and accordingly there is no justification for not disclosing such a report.”The real issue is, at what stage should a party engage an expert to commit his opinion to paper. Tactically obtaining expert opinion at an early stage is always useful – it can help to determine a party’s position in any pre-action discussions and will mean a party is better prepared to bring or defend its case and assess risk. Despite the recent case law there is no bar to a party obtaining preliminary opinions from different experts. The issue bites when a party acknowledges it had an expert opinion from one source and then changes to another. It follows that the commitment to a particular expert comes when a party openly acknowledges the identity of its expert to the other side or to the court. In this respect the Pre-Action Protocol for Construction and Engineering Disputes states that the names of any experts already instructed on whose evidence a party intends to rely should be disclosed in pre-action letters of claim and response. If not disclosed pre-action, the first case management conference is a critical juncture for expert evidence as this is the first point at which a party must disclose the experts they intend to rely on – even then it can still be a reference to a field of expertise rather than a specific expert. Parties need to consider at what stage and when they disclose the identity of their expert. In the Allen Tod case, their lawyers had included provision for their first expert’s costs in their Precedent H cost budget for the court, together with the name of the firm, and it was through this entry that it was established the claimant had changed experts. In due course we may adopt the approach taken in parts of Australia where a shadow expert (sometimes colloquially called the “dirty expert”) is used. The premise is that shadow experts help parties and their legal advisors understand technical aspects of the case and to help frame the proper questions for the then “clean” or permitted expert to answer. The shadow expert’s advice is protected by privilege in the normal course of events. It is only the clean expert’s opinion that is disclosed. However, this would increase costs and may lead to a two tier expert system which would not sit comfortably with experts or clients. Nevertheless it is an interesting approach which has been used successfully in parts of Australia.The important thing to remember is that an expert understands their duty is to the court, however early he or she is appointed, and that they are mindful of this in all communications be they pre- or post- action. Sheena Sood leads the construction, engineering and infrastructure group at Beale & Company Solicitors. She acted for the defendant in Allen Tod Architecture Ltd (in liquidation) vs Capita Property and Infrastructure Ltd
Do you see a typo or an error? Let us know. Published: December 4, 2016 5:14 PM EST Updated: December 4, 2016 6:21 PM EST CANNON BALL, N.D. (AP) – U.S. Army Corps of Engineers said Sunday that it won’t grant an easement for the Dakota Access oil pipeline in southern North Dakota, handing a victory to the Standing Rock Sioux tribe and its supporters, who argued the project would threaten a water source and cultural sites.North Dakota’s leaders criticized the decision, with Gov. Jack Dalrymple calling it “a serious mistake” that ”prolongs the serious problems” that law enforcement faces and “prolongs the dangerous situation” of people camping in cold, snowy conditions. U.S. Rep. Kevin Cramer saying it’s a “very chilling signal” for the future of infrastructure in the United States.The four-state, $3.8 billion project is largely complete except for the now-blocked segment underneath Lake Oahe, a Missouri River reservoir. Assistant Secretary for Civil Works Jo-Ellen Darcy said in a news release that her decision was based on the need to “explore alternate routes” for the pipeline’s crossing.“Although we have had continuing discussion and exchanges of new information with the Standing Rock Sioux and Dakota Access, it’s clear that there’s more work to do,” Darcy said. “The best way to complete that work responsibly and expeditiously is to explore alternate routes for the pipeline crossing.”The company constructing the pipeline, Dallas-based Energy Transfer Partners, had said it was unwilling to reroute the project. It and the Morton County Sheriff’s Office, which has done much of the policing of the protests, didn’t have immediate comment.U.S. Secretary for the Interior Sally Jewell said in a statement that the Corps’ “thoughtful approach … ensures that there will be an in-depth evaluation of alternative routes for the pipeline and a closer look at potential impacts.”Standing Rock Sioux tribal chairman Dave Archambault didn’t immediately respond to messages left seeking comment.The federal government has ordered people to leave the Oceti Sakowin, or Seven Council Fires, encampment on Army Corps of Engineers’ land by Monday. But demonstrators say they’re prepared to stay, and authorities say they won’t forcibly remove them.Attorney General Loretta Lynch said the Department of Justice will “continue to monitor the situation” and stands “ready to provide resources to help all those who can play a constructive role in easing tensions.”“The safety of everyone in the area – law enforcement officers, residents and protesters alike – continues to be our foremost concern,” she added.Earlier Sunday, an organizer with Veterans Stand for Standing Rock said tribal elders had asked the military veterans not to have confrontations with law enforcement officials, adding the group is there to help out those who’ve dug in against the project.About 250 veterans gathered about a mile from the main camp for a meeting with organizer Wes Clark Jr., the son of former Democratic presidential candidate Gen. Wesley Clark. The group had said about 2,000 veterans were coming, but it wasn’t clear how many actually arrived.“We have been asked by the elders not to do direct action,” Wes Clark Jr. said. He then talked about North Dakota authorities’ decision to move away from a key bridge north of the encampment by 4 p.m. Sunday if demonstrators agree to certain conditions, saying the National Guard and law enforcement have armored vehicles and are armed.“If we come forward, they will attack us,” Clark said. Instead, he told the veterans, “If you see someone who needs help, help them out.”Authorities said they’ll move from the north end of the Backwater Bridge if protesters stay south of it and come to the bridge only if there is a prearranged meeting. Authorities also asked protesters not to remove barriers on the bridge, which they have said was damaged in the late October conflict that led to several people being hurt, including a serious arm injury.“The question was asked if we would consider pulling back from the Backwater Bridge,” Cass County Sheriff Paul Laney said in a Saturday news release after a conversation between law enforcement and the group’s organizers, “and the answer is yes! We want this to de-escalate.”Protesters also are not supposed to walk, ride or fly drones north of the bridge, Laney said. Any violation will “will result in their arrest,” the statement said.The bridge blockade is something that Archambault has been asking to be removed, the Bismarck Tribune reports , and something he said he would to talk to Dalrymple about when they meet in person. A date for that meeting hasn’t been set.Veterans Stand for Standing Rock’s GoFundMe.com page had raised more than $1 million of its $1.2 million goal by Sunday – money due to go toward food, transportation and supplies. Cars waiting to get into the camp Sunday afternoon were backed up for more than a half-mile.“People are fighting for something, and I thought they could use my help,” said Navy veteran and Harvard graduate student Art Grayson. The 29-year-old from Cambridge, Massachusetts, flew the first leg of the journey, then rode from Bismarck in the back of a pickup truck. He has finals this week, but told professors, “I’ll see you when I get back.”Steven Perry, a 66-year-old Vietnam veteran who’s a member of the Little Traverse Bay band of Odawa Indians in Michigan, spoke of one of the protesters’ main concerns: that the pipeline could pollute drinking water. “This is not just a native issue,” he said, “This is an issue for everyone.”Art Woodson and two other veterans drove 17 hours straight from Flint, Michigan, a city whose lead-tainted water crisis parallels with the tribe’s fight over water, he said.“We know in Flint that water is in dire need,” the 49-year-old disabled Gulf War Army veteran said. “In North Dakota, they’re trying to force pipes on people. We’re trying to get pipes in Flint for safe water.”On Monday, some veterans will take part in a prayer ceremony in which they’ll apologize for historical detrimental conduct by the military toward Native Americans and ask for forgiveness, Clark said. He also called the veterans’ presence “about right and wrong and peace and love.” Federal government blocks Dakota Access oil pipeline route SHARE Author: Associated Press
A former City solicitor has been given the legal aid portfolio in the reshuffled Ministry of Justice ministerial team, the ministry has revealed.Shailesh Vara, formerly a solicitor at CMS Cameron McKenna, was given his first ministerial appointment last week, after Helen Grant was moved to the Department for Culture, Media and Sport.Vara has been made minister for the courts and legal aid. In addition, his portfolio includes judicial policy, civil law and justice, international business, legal services and claims management regulation, coroners and burial policy and regulation.Legal aid is no longer specifically within Lord McNally’s brief, but as the only justice minister in the Lords, the liberal democrat peer will still continue to speak for the government on legal aid issues in the upper house.Following the reshuffle, the rest of the justice team is unchanged. Chris Grayling remains justice secretary and is responsible for resourcing the department, its overall criminal justice, penal and rehabilitation strategy, judicial policy and appointments, other functions of the lord chancellor and EU and international matters.Damian Green continues as minister for policing, criminal justice and victims, reporting jointly to the Home Office.Jeremy Wright remains minister for prisons and rehabilitation, with additional responsibilities for youth justice and sentencing policy. Vara has been made minister for the courts and legal aid. In addition, his portfolio includes judicial policy, civil law and justice, international business, legal services and claims management regulation, coroners and burial policy and regulation.
INDONESIA: KAI Commuter Jabodetabek, the subsidiary of national railway PT KAI which operates services over the electrified suburban network around Jakarta, has taken delivery of a fleet of 30 second-hand EMUs acquired from East Japan Railway as part of a fleet renewal programme.Dating from the mid-1980s, the high-density Series 205 EMUs were used on JR East’s Saikyo Line until the end of October; a further 20 trainsets from the Kawagoe Line are to follow under an agreement covering the transfer of 180 EMU cars in total plus technical support.Speaking to local press, KCJ Managing Director Tri Handoyo said the Series 205 cars would offer a substantial increase in standing capacity at peak times over existing designs because of the provision of folding seats throughout. He added that the purchase of second-hand rolling stock from Japan, which shares the 1 067 mm gauge, would prove far more cost-effective than buying new vehicles, claiming the Series 205 could have 20 years’ more service life to come.The government hopes to procure up to 160 trains annually to 2019 to increase capacity on suburban services.