Itamar Moses Wins First Tony Award for Best Book of The Band’s Visit

first_imgItamar Moses(Photo: Emilio Madrid-Kuser) Show Closed This production ended its run on April 7, 2019 Go back to opening night with Matt Rodin’s Red Carpet Challenge. The new Broadway musical The Band’s Visit has been named the Best Book of the 2017-2018 season at the 72nd Annual Tony Awards. The triumph marks the first Tony win for scribe Itamar Moses. The other nominees in the category were Tina Fey for Mean Girls, Kyle Jarrow for SpongeBob SquarePants and Jennifer Lee for Frozen. You can catch The Band’s Visit at the Barrymore Theatre.The Band’s Visit is based on Eran Kolirin’s 2007 film about an Egyptian police band that arrives in Israel to play a concert. After a mix-up at the border, they are sent to a remote village in the middle of the desert. With no bus until morning and no hotel in sight, these unlikely travelers are taken in by the locals. Under the spell of the desert sky, their lives become intertwined in the most unexpected ways.Itamar Moses makes his Broadway debut with The Band’s Visit. His off-Broadway credits include Bach at Leipzig, The Four of Us, Back Back Back, Completeness, Nobody Loves You and The Fortress of Solitude.Hats off to Moses on his first Tony win! Check out show clips from The Band’s Visit below. Related Shows The Band’s Visit View Commentslast_img read more

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Tootsie’s Lilli Cooper on Her ‘Cuckoo Bananas’ Tony Nomination & More

first_imgLilli Cooper (Photos: Caitlin McNaney for Broadway.com) In the 1982 film Tootsie, Jessica Lange played Julie Nichols, an soap star desperate for true human connection, and earned her first Oscar win. The role of Julie Nichols must be good luck, because Lilli Cooper, who is currently playing the character in the musical of the same name based on the film, has received her first Tony nomination. “It still feels so weird,” Cooper said to Ryan Lee Gilbert in a recent interview on Broadway.com’s #LiveAtFive about her nomination. “It’s truly cuckoo bananas. I will never take it for granted, and I will never look at it smaller than it is. I have worked my butt off, so I’m really proud of myself. The biggest compliments I’ve gotten is when people say, ‘You deserve this.’ I think it’s a rare thing for people, women specifically, to say, ‘Yes, I deserve this accolade,’ and I’m really proud to say I believe I do.”  Video Player is loading.Play VideoPlayMuteCurrent Time 0:00/Duration 24:19Loaded: 0%00:00Stream Type LIVESeek to live, currently behind liveLIVERemaining Time -24:19 1xPlayback RateChaptersChaptersDescriptionsdescriptions off, selectedCaptionscaptions settings, opens captions settings dialogcaptions off, selectedEnglishAudio Tracken (Main), selectedFullscreenThis is a modal window.Beginning of dialog window. Escape will cancel and close the window.TextColorWhiteBlackRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentBackgroundColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyOpaqueSemi-TransparentTransparentWindowColorBlackWhiteRedGreenBlueYellowMagentaCyanTransparencyTransparentSemi-TransparentOpaqueFont Size50%75%100%125%150%175%200%300%400%Text Edge StyleNoneRaisedDepressedUniformDropshadowFont FamilyProportional Sans-SerifMonospace Sans-SerifProportional SerifMonospace SerifCasualScriptSmall CapsReset restore all settings to the default valuesDoneClose Modal DialogEnd of dialog window.Close Modal DialogThis is a modal window. This modal can be closed by pressing the Escape key or activating the close button. Cooper stars alongside fellow Tony nominee Santino Fontana, who brings both Michael Dorsey and Dorothy Michaels to life. “The most important thing to me was developing the relationship between Julie and Dorothy and have that be the most honest and real relationship,” Cooper said. “This show is hilarious; however, we’re telling a story that we want people to relate to. We have amazing one-liners and brilliant comedians on stage, but if you don’t care about the relationship and stories we’re telling, we’re not doing our job. Obviously, Julie has a different relationship with Dortothy than she does with Michael. The thing is, Santino’s Dorothy is so lovable. You want to be around her and know her, and I see that in Santino as well. He is such a great leader in this pack we have.”When it came to updating the show’s plot to be more timely, Cooper knew exactly what she wanted to talk to the show’s Tony-nominated scribe Robert Horn about. “I think we all knew that lifting the film and putting it on stage wouldn’t work. It’s problematic,” she said. “I felt really safe in the hands of this creative team. What I was most passionate about was that [Julie] was a lovable, true, multi-dimensional character that we cared about and understood. I sing this song in Act I called, ‘Then There was John,’ and it’s about the sacrfices Julie made for the thing she loves, which is acting. [During the pre-Broadway Chicago run] there was a period where the song was more about her relationship with this man than with her craft. It was a small lyric shift, but it really tranformed the storyteling of this song and made it so much more powerful. You see how passionate she is about the things she’s wiling to sacrifice and risk in her life.” View Comments Tootsie Santino Fontana and Lilli Cooper in Tootsie (Photo: Matthew Murphy)center_img Related Shows Star Files Show Closed This production ended its run on Jan. 5, 2020 Tootsie marks Cooper’s fourth Broadway show, and it’s her third time originating a role on stage, having previously starred as Elphaba in Wicked and originating the roles of Martha in Spring Awakening and Sandy Cheeks in SpongeBob SquarePants. “Thinking about all the roles I’ve played on Broadway, I’m so happy to realize that they’re all so strong,” Cooper said. “I feel really lucky to have played all those roles and that I can represent that type of woman on stage. And the type of woman I’ve represented on stage has really run the gamut: From German teenager to squirrel to a literal witch, all those different kinds of women can all be strong, awesome ladies.”Catch Cooper in Tootsie, now playing at the Marquis Theatre.Watch the full #LiveAtFive episode below! Lilli Cooperlast_img read more

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Miller : Second Climate Economy Summit offers plan of action

first_imgby Ron Miller Last year, the Vermont Council on Rural Development (VCRD)  launched the Vermont Climate Change Economy Initiative. Organizers believe that making a deliberate, planned effort to guide economic activity in the state toward climate change mitigation and adaptation can “build national reputation, create jobs, and attract youth and entrepreneurism.” At a daylong summit attended by more than 400 business and community leaders, science and policy experts, and other citizens from around the state, VCRD gathered dozens of ideas and a clear sense of direction about how to proceed, and appointed a Vermont Climate Change Economy Council to draft a comprehensive plan. This group held three public forums around the state in the past year to further explore possible approaches.Numerous strategies, involving partnerships, public policy and investment, have been considered. Some involve business incubation and technology development; others look at ways to put a higher price on carbon emissions. Economic spheres from agriculture and energy to  tourism and transportation are getting special attention.On February 22 this year, a second summit will be held to receive and review the Council’s recommendations. Once again, VCRD is drawing on its unique ability to bring together movers, shakers and regular citizens from multiple sectors and across political divides to discuss a unified and comprehensive strategy.It is very encouraging to see that so much thought, outreach, and dialogue are being focused on these questions. Due to climate change as well as other environmental and global economic challenges, the industrialized world is entering a transition to what many observers are calling a “postcarbon” economy and society. So much that we take for granted in the modern age was made possible by cheap, potent sources of energy like coal and oil, on which we now see that we can no longer depend indefinitely.There have been few, if any, major transitions in human history that were navigated so deliberately. Usually cultural change is prompted by wars, famines, demographic shifts, new inventions and other accidental events. Now we are applying foresight and attempting to work collaboratively to design a new economy and culture for the planet’s changing conditions. The Climate Change Economy Initiative is not another conventional strategy for economic development—it is a bold effort to redefine economic development.In this new postcarbon age, the economy needs to be more “green,” more fair and inclusive, more holistically responsive to the natural environment and human communities.  As many activists around the country are putting it, we need to pursue a “just transition”—a systemic shift rooted in social and economic justice. In other words, a green economy should not be a green light for those with advantages of wealth or influence to unheedingly exploit new opportunities for profit. There are some tangled and tricky issues to work through. For example, in our (laudable) enthusiasm to develop and promote renewable energy sources, we have sometimes allowed old ways of doing business to override community concerns about human health or the natural landscape.Ideally, the Climate Change Economy Initiative provides a forum where all voices are heard and all stakeholders have their concerns taken seriously. Still, our accustomed industrial-age patterns can be hard to shake off, and it will take a sincere, patient effort to move forward together into the new economy of a postcarbon age. The more voices at the table, the better. Join this conversation! See VCRD’s website, vtrural.org, for information about the initiative and about registering for the summit.Ron Miller is the chair of the board of Sustainable Woodstock.last_img read more

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Tebbetts: How can you help support Vermonters? Choose dairy

first_imgby Vermont Agriculture Secretary Anson TebbettsSummer is synonymous with creemees, and well-timed ones at that: June is not only the beginning of summer, it is also National Dairy Month.This annual tribute recognizes an industry that has supported Vermonters for 150 years.  A month to celebrate the food that dairy provides, and the hardworking families who have produced that food while stewarding the land and landscape that sets Vermont apart from so many other places. Unfortunately, this year, June also marks our fourth month of COVID-19 response. And although Vermont’s farming history has been fraught with challenges, the year 2020 has brought greater challenges to Vermont dairy than any farmer could have imagined throughout the past two centuries.In the 1840’s, sheep dominated Vermont’s farming landscape. By 1860, Vermont had lost a quarter of its sheep due to tariff changes and competition from western states.1 Dairy farming became the alternative to wool production in Vermont by the 1880’s, and soon hill farms with cows were established as the leading contributor to the state’s economy.Fast forward 150 years, and Vermont dairy has remained a leader in the state’s economy.  According to the USDA Agricultural Census, in 2017 Vermont dairy receipts totaled more than a half billion dollars, accounting for 65% of Vermont’s total agriculture receipts2. Dairy farming keeps Vermont’s landscape open and scenic, supporting many other key Vermont industries. To name just a few, working lands as well as Vermont’s dairy heritage and culture are catalysts for cheese and maple production, recreation and year-round tourism.COVID-19 has impacted demand and decimated markets that have otherwise kept Vermont dairy farmers surviving through already difficult times.  Challenging pricing structures, political instability, environmental concerns, and competition from large dairy farms were already pushing some to leave dairy production.  Now our collective response to COVID has forced 17 Vermont dairies out of business since March, and more are teetering on the brink of devastation.What can we do? First; farmers would like all Vermonters to learn how our dairy industry supports our rural communities and state economy.  Second; seek out and purchase products from our Vermont dairy farmers and producers. How can you do this you ask?  Visit www.VermontDairy.com(link is external).  Not only can you learn about the important positive impacts of Vermont’s dairy industry, but you can show support and purchase Vermont dairy by connecting directly with farms and food in your community.  Visit Support Vermont Dairy(link is external) to discover the farmers and value-added dairy business in your area.We are Vermonters; we are also consumers. Any increase in demand will help our farm families and rural communities in their fight to stay viable, and help our state move through COVID-19 and protect the land we all love.For 150 years our dairy families’ work has cultivated and stewarded our Vermont. In their time of need, let’s thank them for their service to Vermont. Let’s show them that we “Support Vermont Dairy(link is external)”.last_img read more

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PR Bar of Florida launches educational scholorship foundation

first_img December 1, 2009 Regular News THE PUERTO RICAN BAR ASSOCIATION OF FLORIDA recently hosted its Seventh Annual Gala. This year the theme for the gala was “Education: Educating Tomorrow’s Leaders Today.” In light of the theme, and to mark its commitment to education, the PR Bar launched the Puerto Rican Bar Association of Florida Scholarship Foundation. The foundation’s exclusive purpose is promoting and supporting the enrollment and graduation of future leaders. For its work assisting at-risk youth in pursuing higher education, the PR Bar honored Aspira of Florida. The PR Bar also honored Dr. Larry Calderon, vice president for community and governmental affairs at Nova Southeastern University, for his support of the PR Bar and his involvement in ensuring access to education, with a focus on new programs that meet the current demographic needs of the community. NSU was also recognized as a “beacon of education and a Hispanic Serving Institution.” Those in attendance included, from the left, Broward County Judge Carlos Rebollo, president of the Caribbean Bar Association; Cherine Smith; Broward County Judge Marina Garcia Wood; Justice Fred Lewis; PR Bar Outgoing President Nydia Menéndez; PR Bar President Marisol Gomez; Broward County Judge John Frusciante; and Second District Regional Vice President Myriam Irizarry. Other officers include Regional Presidents Hector Rivera, Frank Rullan, and Monica Santiago. PR Bar of Florida launches educational scholorship foundationlast_img read more

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Thousands gather for annual Minority Mentoring Picnic

first_imgThousands gather for annual Minority Mentoring Picnic BAR PRESIDENT Eugene Pettis, above right, shares career advice with law students Charles Gee, left, and Lionel “Ali” Bryan at the 10th Annual Minority Mentoring Picnic in Hialeah November 9. Law students from all over the state — and even some from out of state — gathered at Amelia Earhart Park hoping to receive advice from lawyers and judges while they work to get their law degrees and enter the legal profession. “It’s not easy to be successful at anything, but you can become the lawyer you want to be,” Pettis said. “That’s what I want you to leave here believing, and I tell you that with full confidence because I’m sure some of our paths are common, but I’ve never let where I started define where I was going.”Thousands gather for annual Minority Mentoring PicnicMegan E. Davis Associate EditorIntermittent rain and shine did little to dampen spirits at the 10th Annual Minority Mentoring Picnic at Amelia Earhart Park in Hialeah November 9.“To have the weather as inclement as it is and still see all of the people out here I think speaks to the strength of the picnic,” said Florida Bar President Eugene Pettis, donning shorts and straw hat in hand. “It’s truly a picnic that has such a defined purpose in the lives of so many people.”John Kozyak, founder of the picnic, said he expected 3,500 people at the event.Those include law students, recognizable by red “I need a mentor” stickers, crowded under the Law Student Mentoring and Networking tent seeking words of wisdom from seasoned attorneys and judges.Meeting with the students was “heartwarming,” Pettis said.“It’s not easy to be successful at anything, but you can become the lawyer you want to be,” he told them. “That’s what I want you to leave here believing, and I tell you that with full confidence because I’m sure some of our paths are common, but I’ve never let where I started define where I was going.”Pettis challenged the students to use the picnic to their advantage and reach out to the many lawyers and judges wearing blue “I need a mentee” stickers. “Out there is someone who can take you to the next level,” he said. “None of us have gotten to where we are on our own. There have been people who have given us opportunities that have lifted us and continue to lift us today.”In the way Pettis advised, hundreds of students moved from tent to tent sponsored by voluntary bar associations, law firms, and government entities, making new connections.Helene Wilson, a 1L at the University of Miami, said she’s already planning to attend next year’s picnic.“I connected with a lot of good people, talked about internship opportunities, and got information from several law firms,” she said. “It’s a wonderful event and something I’m very grateful for.”Kevin Piere, a 3L at Florida International University, agreed.“You get to talk to a lot of people, you get free food, and you get to mingle with lots of different law students,” he said.Most importantly, Piere walked away with job prospects.“I wanted to see if any firms are hiring first-year associates,” he said. “I talked to a bunch of different people and there might be a few possibilities out there, so it was worth it.”In hopes of creating more opportunities for students, the Bar’s Business Law Section presented a $1,000 donation to Kozyak and issued a friendly challenge to other Bar sections and divisions to follow suit.The money will be used to help underwrite clerkships, fellowships, and internships for students. In addition to networking, attendees played volleyball, enjoyed hayrides, and chose from an enormous assortment of food — everything from paella to grilled lamb to kettle corn.Children rode burlap sacks down a large slide, scaled a rock climbing tower, got their faces painted, and played with play dough and blocks.A brief heavy rain midway through the picnic drove most attendees under tents, but very few to their cars.Percy King, a federal clerk for the Middle District in Jacksonville, was one of many students, attorneys, and judges who traveled from all over the state to the picnic. He returned after attending the event each year he was a law student at Florida A&M University.“Just being able to walk around and talk to other people who had reached where I wanted to be already was a really, really good experience,” he said. “This year I wanted to come and basically give back what they’ve done for us.”Julian Jackson-Fannin, a federal clerk for the Southern District, also returned after having attended as a FAMU law student.“Every year it’s a wonderful experience,” he said. “I’m glad to see that it’s grown and more and more people are participating. I still think, particularly among federal clerks or even on the state level, diversity is needed desperately.”Pettis echoed Jackson-Fannin’s sentiments.“Diversity and inclusion is one of our objectives of the Bar,” Pettis said. “This is an effort that really accomplishes that. I think we need to make sure this entry-level connection between law student and Bar is not just on the front end but something that’s integrated throughout the practice of law, that we’re keeping people connected across all sectors. I think if we’re able to accomplish that, it’s a healthier Bar for us all.”Amid the hustle and bustle of the event, Kozyak mused about how much it’s grown over the past decade.“It makes me feel really proud because 10 years ago, my wife, partner, and I were cooking hamburgers and serving 200 people,” he said. “Now we’ve grown to 15 to 20 times that and have students coming in from everywhere.”The picnic is designed to make two important goals easy: connecting law students with mentors and celebrating diversity.“Students and young lawyers could not find a better place in the country to meet lawyers,” he said. “You can walk up to a judge in a pair of shorts or a senior partner from Greenburg Traurig playing volleyball. You could never do that at a Bar event because they’d be surrounded by other senior lawyers and doing their own hustling.”Aside from a $10 parking fee, attendees enjoy the festivities for free.Among the dozens of sponsor tents, Kozyak pointed out the Florida Muslim Bar Association, the Caribbean Bar Association, and the Miami-Dade Gay and Lesbian Chamber of Commerce.“I hope everyone attending can see how valuable diversity is,” he said. “This shows we can all get along and have fun. I hope everyone will be a little more sensitive and if you see someone from the Muslim Bar Association wearing traditional head garb, you don’t go, ‘Wow, that’s weird,’ and instead you go ‘Wow, that’s cool!’” December 1, 2013 Associate Editor Regular Newscenter_img Find out what the president is working on via Facebook and Twitter.last_img read more

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Waiting game begins for at-large bids

first_imgWaiting game begins for at-large bidsAshley GoetzMarch 10, 2009Jump to CommentsShare on FacebookShare on TwitterShare via EmailPrintKurt GibsonâÄôs legendary walk-off home run for the Dodgers in game one of the 1988 World Series spent about 1/1000th of a second on his bat. Trent Tucker heaved his game-winning three-pointer âÄî one that prompted an NBA rule change âÄî for the Knicks in 1990 after an inbound with just three tenths of a second remaining on the game clock. ThatâÄôs how quickly things can change in the sports world. If the tide swings oneâÄôs way, euphoria ensues. If it doesnâÄôt, devastation. Gordon Bierschenk is all too aware. His 197-pound match against IowaâÄôs Chad Beatty in the consolation semifinals of the Big Ten wrestling championships was knotted 3-3 late in the final period, but in the closing moments, everything fell apart . âÄúI wrestled really well until the last 10 seconds,âÄù Bierschenk said. With four seconds remaining, Beatty notched a takedown and two-point near-fall in quick succession for a 6-3 win and a berth in the consolation finals . In a flash, Bierschenk found himself in the fifth-place match; his hopes of an automatic berth into the NCAA tournament dashed; his chances for an at-large berth slim. Under new NCAA qualifying guidelines, automatic berths are allocated to each conference based on its wrestlersâÄô Division I winning percentage, rating percentage index (RPI) and coaches ranking. The NCAA announced on Thurs, Feb. 26 that for each wrestler meeting two of three thresholds âÄî .725 winning percentage, top 28 in the RPI and top 28 in the coaches poll âÄî his conference was allotted an automatic qualifier for the national tournament . Based on the criteria, the Big Ten, which was awarded 61 of the 278 automatic qualifying spots, received four spots at BierschenkâÄôs weight class (197) . That means the top four finishers from the Big Ten tournament will be competing in St. Louis on March 19-21 . That also means a win over Beatty would have put Bierschenk in the national tournament. Instead, he awaits the decision of the NCAA Division I Wrestling Committee, which hands down his weight classâÄô six at-large bids today . âÄúIt really burns you to be that close and let it slip out of your fingers,âÄù Bierschenk said. âÄúIâÄôm really not expecting to get it. IâÄôve pretty much convinced myself âÄî IâÄôm 95 percent sure that IâÄôm not going to get it âĦ If IâÄôd gotten fifth, it would be a little bit different of a situation.âÄù But Bierschenk was a defeated man in the fifth-place match. PurdueâÄôs Logan Brown dominated and handed him a 10-4 loss. âÄúI just wasnâÄôt even up to the next match,âÄù Bierschenk said, âÄúkind of got my [butt] handed to me there.âÄù Bierschenk will be evaluated by the selection committee based on the NCAAâÄôs new Bronze Standard qualifications, which include a .700 Division I winning percentage, a top 33 RPI ranking, a top 33 coaches ranking (as of 2/23/09), a .700 winning percentage against all competition, one win against a wrestler receiving automatic qualification, and a qualifying event placement one below automatic qualification. Junior Matt Everson and redshirt freshman Sonny Yohn await news of the at-large bids as well. Both men took seventh at the Big Ten tournament, Everson at 174 and Yohn at 184. But Bierschenk reiterates that chances are slim. âÄúWe have a lot of stuff stacked against us, a lot more than we have going for us,âÄù he said. âÄúOur records are iffy and we havenâÄôt beaten a lot of top guys.âÄù Still, the Gophers will send at least five men to the NCAA tournament. Redshirt freshman Zach Sanders (125), sophomore Mike Thorn (141) and Ben Berhow (Hwt), junior Jayson Ness (133), and senior Tyler Safratowich (157) all earned automatic berths with their finishes at last weekendâÄôs championships. Though Safratowich is excited for the national tournament, he empathizes with Bierschenk, Everson and Yohn. A year ago, he was up for an at-large bid and wasnâÄôt chosen. âÄúIt sucks,âÄù he said. âÄúYouâÄôre waiting on other people to make a choice for you âĦ they went out and wrestled hard and hopefully they get a chance. ItâÄôs never good when you leave it up to someone else but they did all they could and now itâÄôs up to a higher power.âÄùlast_img read more

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Ukrainian Ports Join ILO Convention

first_imgThe specialized port of “Oktyabrsk”, Ukraine hosted a meeting last week of the initiative group of companies serving ships with foreign sailors. The topic of the meeting was membership in the Convention of the International Labour Organization (ILO 2006) “On Maritime Labor”.The event was attended by the heads of four Ukrainian ports and many other industry representatives.During the meeting, they decided to support the objectives of the ILO Convention-2006. Furthermore, they decided to establish a Port Committee to ensure foreign sailors a comprehensive access to onshore socio-domestic infrastructure.Alexander Kaloshin, Trade Union Chairman of the port of “Oktyabrsk”, was elected Chairman of the Committee.[mappress]Oktyabrsk, January 23, 2014last_img read more

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Shipping

first_img The instant claim arose from the carriage of a consignment of steel pipes on a vessel from Korea to ports in North America between September and October 2008, which, it was claimed, were found to be damaged on arrival. The relevant contracts of carriage were 13 bills of lading signed by Orion (the agent), and which named the shipper as Nexteel Co Ltd of Korea, and the ‘consignee’ and ‘Notify Party’ as the second claimant (KOP). The first defendant company was the registered owner of the vessel, the second defendant was the demise charterer and the third defendant (the owner) was the time charterer of the vessel. The terms and conditions of the bills of lading included an English jurisdiction clause and an applicable US General Paramount Clause incorporating the United States Carriage of Goods by Sea Act 1936 (COGSA). The bills of lading contained a statement that the cargo was shipped ‘in apparent good order and condition’. A report by Korea Surveyors and Adjusters stated that the cargo was ‘in apparent good order & condition with the following damage/exception’, which it stated existed prior to loading. A letter of indemnity for issuance of clean bills of lading was addressed to the owner. The owner subsequently issued clean bills of lading. Upon the vessel’s arrival at the three discharge ports in October 2008, the cargo was found to be rusted. The calculation of loss was agreed at $430,996.19, with an overall loss of $458,655.69. Under section 3(3)(c) of COGSA, after shipment of the cargo on board the vessel, the master, or his agent was bound on demand to issue to the shipper a bill of lading showing the apparent order and condition of the goods, having formed an honest and reasonable non-expert view of the cargo’s apparent order and condition. The claimants brought proceedings for damage to the cargo. It was agreed that any such claim laid only against the owner. It was common ground that KOP was the only one of the second to ninth claimants that could be said to be a party to any contract contained in or evidenced by the bills of lading. KOP was indemnified against their loss by their German insurers, who acted through and by the first claimant (B&H). B&H claimed against the owner on the basis that it satisfied the conditions of a procedural agency under German law, being authorised to bring a claim in its own name on behalf of the insurers. The issues for consideration were: (i) whether the decision to issue and sign clean bills of lading had involved false representations by the owners, which had been relied on; (ii) whether and to what extent B&H was entitled to sue and recover damages on behalf of the insurers; and (iii) whether the claims of B&H, on behalf of insurers, would be admitted by a German court as a matter of German procedural law and what, if any, damages B&H was entitled to. Consideration was given to an authorisation dated 2 November 1925 (the 1925 authorisation), which gave authority to B&H to, among other things, settle claims and conduct proceedings. The court ruled: (1) In the instant case, the decision to issue and sign clean bills of lading had involved false representations by the owners, which had been known to be untrue and intended to be relied on. What had occurred had not been an ‘honest and reasonable non-expert view of the cargo as it appeared’. Accordingly, the representation in the bills of lading had been fraudulent and a presumption arose that the innocent party, the holder of the bills of lading, KOP, had been influenced by it. The owners had failed to rebut that presumption (see [55], [56] of the judgment). The David Agmashenebeli (cargo owners) v The David Agmashenebeli (owners) [2002] 2 All ER (Comm) 806 considered. (2) In respect of issue (ii) the answer was provided by the terms of the 1925 authorisation. As a matter of German substantive law, B&H was entitled to bring proceedings in its own name (see [65] of the judgment). (3) On the balance, the claims of B&H would be admitted under German law on the basis of a procedural agency, as a consequence of both their function and the length of time that they had carried out such functions (see [75] of the judgment). B&H was entitled to judgment in the principal sum of $458,655.69 (see [76] of the judgment). Robert Thomas QC (instructed by Clyde & Co) for the claimants; Sudhanshu Swaroop (instructed by Swinnerton Moore LLP) for the defendants. Bill of lading – Condition of cargo – Representation as to condition of cargocenter_img Breffka & Hehnke GMBH & Co KG and others v Navire Shipping Co Ltd and others: Queen’s Bench Division, Commercial Court (Mr Justice Simon): 7 November 2012last_img read more

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Prisons and Courts Bill: don’t trivialise law, Bar Council warns

first_imgThe Bar Council has added its voice to concerns over proposals to introduce online courts, warning that the quality and reputation of the justice system must not suffer.Members of parliament will today gather for the second reading of the Prisons and Courts Bill – the first opportunity for MPs to debate the bill’s main principles.Under the proposed law, almost any party to a criminal court hearing will be allowed to take part by telephone or video link. The bill also proposes introducing ‘automatic online conviction and standard statutory penalty’ for certain summary-only criminal offences.The plans have already come under fire from pressure group Transform Justice. A briefing paper published by the charity last week said: ‘The criminal court proposals seem to have been introduced in haste, in many cases without research, evidence or informal or formal consultation with experts and stakeholders.’In a statement today Chairman of the bar Andrew Langdon QC said virtual hearings should remain the ‘exception rather than the norm’.‘Technology has the potential to enhance our system of justice and to provide greater convenience to some court users. If used correctly, it can also save unnecessary expenditure. But we must ensure that convenience and cost do not override other important considerations,’ he said.‘Defendants must be offered a genuine choice. They must also be made aware of their right to consult a lawyer,’ Langdon added, warning that the proposals could risk ‘trivialising’ certain crimes.He added that although certain witnesses benefit from being able to give evidence remotely, the physical presence of victims, witnesses, juries, defendants, judges, lawyers and the public is fundamental to how justice should be delivered. In an interview with the Gazette earlier this year Langdon also spoke of the benefits of continuing face-to-face proceedings in court.In a briefing to MPs ahead of the second reading, the council has also warned that:Issuing convictions online should be limited to low level offences, including those that would usually attract a fixed penalty notice.The secretary of state should not have the power – without wide consultation – to determine offences for which on-line convictions can be secured.Reforms to the roles and qualifications expected of HMCTS staff who will be authorised to take on more case management functions of a court or tribunal lack clarity.last_img read more

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