365iT opens City of London Office

Posted by Chris on August 25th, 2011

Sunday Times Tech Track 100 company 365 iT is set to further accelerate its growth with a new office in the City of London .

February 2011

365 iT was recently ranked 15th out of the fastest growing technology companies in the UK according to the prestigious TechTrack league table.

It now starts 2011 with further ambitious expansion plans by opening a new London office to meet the accelerating growth opportunities in the financial, legal and property services sectors.

With a growing portfolio of managed service offerings, backed by best-in-class vendor partnerships which include Cisco, Microsoft, Citrix,

Verint, Zeacom, IBM and VMware, 365 iT is excellently positioned to deliver IT solutions that are relevant to the needs of both existing and

new clients in key market sectors.

Commenting on the new offices Peter MacLean, 365 iT plc’s chairman and chief executive, said: “Based on our success with London clients

last year it has become evident that many companies are increasingly looking for a technology services partner that can meet all of their requirements whether it is a new communications system or a virtualization solution. Furthermore local service and support is key to these businesses hence the new offices.”

In addition to providing a base for a new sales and support team the new office in the heart of the City at Old Broad Street will offer clients an excellent venue for technology briefings, business seminars and demonstrations.

The key focus of the new team will be to work with clients to help them understand and justify how technology investments can significantly support business initiatives such as security and compliance, client service, real-time collaboration and business continuity.

MacLean adds: “An experienced team has already been recruited and  the office is open for business. The next stage is to work with our supplier partners to deliver a series of seminars and workshops at the offices which demonstrate the  true business benefits of the technologies and services we are proposing. The first seminar: Collaborative communications that meets FSA compliance is scheduled for March. Others scheduled for later in the year which will focus on critical issues in the legal and property services sectors.”

Urgent Express Delivery Services in Europe

Posted by Chris on August 25th, 2011

Recently I needed to get a high value watch which had been sold via eBay urgently delivered to a location in Germany.

Although it is not their typical business area Eurgent Ecspress have a proven track record for performance and reliability as express freight forwarders within the time critical logistics environment and they sorted this delivery for me without problem.

As a small independent they feel that thier operation can give a more personalised response at all levels. Staff are available at any stage, day or night, during the transit of any consignment.

NEED TO SEND EXPRESS FREIGHT TO EUROPE ??

Their operational team have over ninety years experience in all aspects as express freight forwarders for transport throughout the UK and Europe. This, they feel, gives them a distinct advantage in solving the many problems that can arise in today’s turbulent logistical market

Eurgent Ecspress freight forwarders are the preferred suppliers to many multinational companies in the UK and European community, where they have built an excellent reputation for client confidentiality.

If you have an Eurgent Express Delivery requirement in Europe give them a call:

Eurgent Ecspress

Unit 1b, Charnwood Park

Bridgend, Mid Glamorgan

South Wales, UK CF31 3PL

+44 (0) 1656 656535
+44 (0) 1656 656534
enq@eurgent.co.uk


Eurgent Ecspress have been supplying Europe’s leading forwarders and transporters with cost effective solutions for the movement of time-critical consignments for over 11 years - over 95% of their clients are from within the freight industry - and their network of partners offer the assistance to make your consignment their top priority.

Their extensive database of agents ensure that no enquiry is without a solution. And their comprehensive network allows them to consider all cross-european destinations.

Eurgent can supply all modes of transport - whether it be a small van to an air-charter option - and every solution will be considered to meet the transit time required

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The world of private jet airplane charter

Posted by Chris on August 23rd, 2011

No !! - I don’t charter private jets every day but I had a couple of experiences with chartering private airplanes and helicopters and flying in small aircraft that got me interested in this area.

Recently I found that 2 of my friends were involved in this area:

Jay Deragon with https://www.socialflights.com/

and Thomas Power with http://ejone.net/

although both of these are combining business networking with private jet charter.

http://www.jetsplanes.net/private-jet-charter/

A few years ago some friends and I chartered a jet ( actually a turbo-prop on the way out and a 737 -  I think - on the way back ) to go skiing in Switzerland & France and we flew from Coventry airport to Geneva airport  and back.

I remember that the turbo-prop was actually owned ( leased ? ) by a motor racing personality ( can’t remember which one for the moment ) - don’t know who owned the 737.

A friend of a friend ( both of whom came skiing with us ) had arranged these flights ( one was an event organiser )

http://www.infobarrel.com/Corporate_Private_Jet_Travel_Options

When we were flying we had time and the opportunity to visit the cockpits and talk to the pilots and crew. Some of the conversation was about the fact that there were planes, pilots and crews ” sat around ” all over the world.

http://www.telegraph.co.uk/finance/recession/3401080/The-budget-airline-graveyard.html

The planes need to be chartered in order to provide a return on their owners investment and the pilots need flying hours and trips because that’s what they like to do and because more experience means a better job. Pilots and crews spend a lot of time on ” stand by “.

There seems to be an opportunity here - albeit a fairly complicated one:

There are people who want to fly from A to B who are prepared to pay a certain amount for the flight and there are planes, pilots and crews available.

I am not professing to be an aviation expert but a bit of Googling around gives you a sense of what is going on in the industry.

The last few years ( say 2008 on ) have been very difficult for the whole industry. Many airlines have laid people off ( pilots, crew and ground crew ) and some have gone bust.

The future appears somewhat rosier and the demand for pilots and crews is increasing, particularly in the Middle East, India and China.

http://www.tourismandaviation.com/news-11167–_Gulf_carriers_expansion_plans_buffeted_amid_scramble_to_recruit_enough_qualified_pilots_

although I thought this was an interesting summary from a pilot on a forum

http://www.frihost.com/forums/vt-69486.html

” I currently fly a small aircraft for a corporation. The market right now is terrible. Major airlines can pay the bucks, but the glory days of aviation are over. It is very difficult to get hired at a major airline. There are many other flying jobs than just airlines, though. Corporate, aerial mapping, ag, freight, charter, air ambulance, ect.

It will cost you around $40-50,000 to get your private through commercial ratings. Traditionally, you build flight hours by becoming a flight instructor. Instructors don’t make very much money. After you build enough hours, you try to get hired by a freight operator or a as a first officer with a regional airline. First year regional FO salaries range anywhere from $14,000 to $20,000 per year.

Aviation is a very unstable way to make a living. When the economy is bad, oil prices are high, or there is a terrorist attack, aviation is the first thing to feel it. Right now there are thousands of pilots on furlough from airlines.

Don’t get into aviation for the money. You will be dissapointed. Do it because you really like to do it. Don’t believe any of the nonsense you see in flight school advertisements about pilot shortages. There will never be a pilot shortage because there will always be pilots willing to work for next to nothing.

This is only a brief summary. I am writing this to let people know what they are really getting into before they decide to spend the time, effort, and money on becoming a commercial pilot. It is not as glamorous as most people think it is. ”

http://globalexpressair.com/roster.html

It would appear then that there is going to be a high demand for planes, pilots and crews in 2012 and beyond and you actually wonder where all of these trained people are going to come from ??

Right at the moment it would seem that there is plenty of spare capacity in all the areas.

Aside from social flights and ejone there are other companies matching plane and crew capacity to customer demand e.g.

http://www.charterjets.com/

Most people ( potential customers ) probably don’t even think about private charter believing it to be way out of their price range.

Actually there are some situations where chartering a whole airplane can be very cost effective - not to mention much more convenient and luxurious. ( We drove our cars to Coventry airport, parked close to the runway and then waited a short time in the lounge before boarding the plane and personalised crew service ).

Making people aware that they can buy competitively priced individual seats on private jets is a bit of a challenge but I believe that it will become much more common for people to fly by private jet using the likes of social flights and ejone.

Improving PC performance from Dorset

Posted by Chris on August 16th, 2011

Over the last couple of days Mike from Poundbury Systems in Dorchester, Dorset has been helping me with my PC ( & laptop & notebook ) performance .

We started out fixing a few problems but then got onto the subject of ” Bloatware ” ( unnecessary stuff that PC manufacturers put on to their PC’s that slows down the computer - especially boot up times - and takes up memory and disk space ) and then PC performance.

Mike was telling me that he spends a lot of time taking off ” Bloatware ” from computers before giving them to clients.

As this article says

http://gizmodo.com/5392862/acers-bloatware-adds-2%252B-minutes-to-boot-time-hp-dell-and-sony-not-much-better

Bloatware on Acer, Dell, Sony and HP computers just slows them down.

You would probably have assumed ( unless you are experienced in these matters ) that when you have a new computer it is going to be at peak performance and would go downhill from there because you have added more applications and probably acquired a few virus’s.

Actually to get to peak performance the Bloatware needs to be removed .

Mike and I spent some time ( after solving the main problems ) getting rid of applications that I didn’t really need.

Since then I have been going through the applications that I have and getting rid of any I don’t use myself ( although I feel safer going through them with Mike because sometimes you are not sure whether it’s ok to delete certain programs ).

Mike also advised me to take off any virus checking software that we were not using as one virus checker could contend with another - so we have done that aswell.

If you need some advice on improving PC performance give Mike a call at Poundbury systems:

Poundbury Systems Ltd.
Emeria House
71-73 Middlemarsh St
Dorchester
DT1 3FD

Tel: 01305 259849
Fax: 01305 259725

enquiries@poundbury.com

Help with PC Virus removal in Dorset and Bloatware !!

Posted by Chris on August 15th, 2011

If you are looking for help with PC Virus Removal in Dorset then I highly recommend that you give Poundbury Systems a call in Dorchester.

Over the last few days I have been struggling with 2 different problems on 2 different machines - a notebook and a desktop.

On the notebook I believed that I had identified the presence of the ” Tidserv ” virus and the desktop was giving me a Status error message that I just could not make go away.

A bit of a Google on the Tidserv virus led me to forums’s that at least told me that I was not alone. Other people had had an error message from Norton Antivirus and then tried to remove the Tidserv virus using Norton and failed. Just like me then !!

There were various bits of advice on which malware removal programs to install. All sounded a bit complicated to me !!

On the desktop it was this ” status ” message that just would not go away . There were no real clues in the message as to where the problem might be.

After trying various things over the weekend I decided to send Poundbury an email. I got a response that they would would get in contact on Monday.

By the way, I am in Staffordshire and Poundbury are in Dorset.

Mike from Poundbury called and we got to work on the two devices.

He installed some ” remote control ” software on my notebook and PC and got to work.

Apparently it didn’t matter that he was in Dorset  and  I was in Staffordshire, he was soon ” doing things ” to my notebook and PC remotely !!

He downloaded a couple of ” Tidserv killer ” programmes onto the notebook and quickly worked out that it was probably something to do with the HP printer software on my PC.

The notebook was in the house but the PC was in the office ( across the yard ). As I agreed that we would work on both at the same time there was a bit of unexpected exercise involved running between the two !!

In my efforts to solve the problems myself I had downloaded multiple virus killers and upgraded Windows and HP printer software - the right thing in some ways but also adding to the problems in others.

Both issues were resilient little critters ( ! )

but Mike patiently began to eliminate the problems.

As we got to grips with the solutions Mike asked about some of the programs installed on the two devices and whether they were all necessary. Then he mentioned that some were ” Bloatware ” - a new term on me but one that I came to understand basically meant - unnecessary stuff that PC ” manufacturers” put on the P.C.’s to make them more ” attractive ” and ” user friendly ” but which actually just slowed everything down and added minutes to boot times and took up memory and disk space.

Ah !! - so now I was going to get the ” stripped down ” version ;-)

The more stuff he took off the faster everything ran - magic !!

So now my notebook and PC are running error free and FASTER !!!!!

Fantastic.

Contact Mike at Poundbury on:

Poundbury Systems Ltd.
Emeria House
71-73 Middlemarsh St
Dorchester
DT1 3FD

Tel: 01305 259849
Fax: 01305 259725

enquiries@poundbury.com

www.poundbury.com

Boiler Room Scammers get jailed.

Posted by Chris on August 5th, 2011

Boiler room gang behind bars after international investigation

George Abrue

2001

Originally from Nigeria, Abrue met and married the 18-year-old Robson in Newcastle and from here he started to form his criminal network.

Detectives  discovered how he began his criminal career inventing false companies for other boiler rooms before deciding the big money was to be made by selling the shares for himself.

To legitimise the operation, UK phone numbers and Company details were acquired and bank accounts created using Abrue’s neighbours’ addresses.

His gang set-up Spanish boiler rooms from where fraudulent brokers used aggressive sales tactics to sell shares in what they claimed were emerging mineral and bio fuel companies about to float on the stock market.

Abrue was recruiting former colleagues from the telesales industry to work for him.

The men were trained in Malaga and then moved to offices in Majorca, where they operated pressurising people into buying shares in non-existent companies such as Bio Fuel Solutions Corporation and New Power Technology.

Professional websites and brochures were also produced in Sweden to convince people, many of whom were elderly and vulnerable, to part with their savings.

The reality was victims were buying into fictitious companies, with their money being laundered through Swedish and Italian bank accounts to fund a champagne lifestyle for Abrue and his associates.

Parties for up to 300 people were thrown in top Barcelona hotels and a Ferrari, Bentley and Maserati were bought and garaged in Spain.

Victims were sent ‘bogus’ share certificates, produced in a Sunderland back-street office run by Henderson, to provide evidence of their investments and to encourage them to make further payouts.

Abrue was identified as the head of the organised crime gang, using different aliases to move between Spain, Sweden and the UK.

2009

This boiler room fraud first appeared on the City of London Police’s radar in August 2009, when its National Fraud Intelligence Bureau (NFIB) was contacted by a stream of people claiming to have lost money after being cold-called.The NFIB used this intelligence to build a picture of how the boiler room was operating; linking the individual losses to a much larger criminal network operating out of Spain.

City of London Police, which is the National Lead Force for fraud, launched an investigation.

In December 2009 the City of London Police led a national operation that saw 11 people arrested in Northumbria and three others in Manchester, Derbyshire and London. On the same day, Abrue was detained in Sweden and several months later extradited back to the UK to be charged.

Paul Slack’s case first came to police attention in March 2009 when a man from Ilkeston contacted Derbyshire police as he suspected he had been the victim of a ‘boiler room’ fraud by people claiming to be from a company called Milton Hayward based in Japan. He had lost thousands of pounds to the fraudsters.

The gangs set up companies, bank accounts and websites and send out press releases to deceive people into believing that they are purchasing legitimate shares and commodities from genuine companies.

Victims spanned 43 countries

Detectives found the Milton Hayward case particularly difficult to investigate because although the company was allegedly based in Japan, the companies involved had been registered in the West Indies and victims money had been transferred to accounts in Cyprus and Hong Kong.

As the investigation progressed and more victims were traced, officers identified another crime group in Spain, Sweden and the North East of England. The evidence and intelligence that had been gathered by Derbyshire officers was passed to the City of London Police, who agreed to take over the investigation with assistance from Derbyshire Constabulary.

National and international enquiries under Operation Handa continued. Over the next two years, 210 victims in 43 countries including Europe, North America, Australasia and the Far East, were traced. By liaising with authorities in China and Cyprus, police identified several gang members and a large number of other suspect companies being linked to the group.Milton Hayward logo

These companies included First Call Commodities, Milton Hayward, Total Asset Management, Keshington Group LTD, Regal and Archer, East West Options, Jam Capital, Mays Group, Bradley Hill Holdings, World Asian Trading Group, Chatex Ltd, Goldman Asset Management, Quantum Holdings and Borsa Financial.

Inquiries revealed that Slack, a British man living in Thailand, was linked to the companies and bank accounts. He was arrested by Derbyshire officers at Heathrow Airport in December 2010, having returned to the UK from a holiday in Australia.

‘Boiler room’ gang suspects arrested in Spain

Spanish police still of alleged scam phone roomRaids took place across the city of Palma de Mallorca

Fifteen Britons suspected of running one of Europe’s biggest “boiler room” scams have been arrested in Spain.

Armed police carried out a raid in Mallorca as part of an investigation into a gang believed to have been cold-calling thousands of UK residents.

The arrested men, from Nottinghamshire, Essex, Luton and London, appeared briefly in a Spanish court yesterday but are yet to face trial.

Boiler room fraudsters use pressure sales tactics to sell worthless shares.

City of London Police, who worked with the Spanish authorities, said younger members of the alleged scam are thought to have been lured into the operation by crime bosses who targeted them in English-speaking bars.

‘Fake companies’Dyno Medical, Inca Pacific Gold and Mining and Viking Gold Resources have been named as fake companies linked to the gang.

The 15 include Liam Rymell, 23; Dominic Jones, 24; Shafiq Dad, 41; Omar Rana, 27; and Rashid Shafayat, 30, all from Nottingham.

Also arrested were John Bartlett, 22; Tyrone Robinson, 23, and Lee Fisher, 24 - all from Mansfield - and Essex residents Danny Dilliway, 25, Chris Savva, 30, Mohamed Ghazalli, 26, and Neil Simpson, 27.

Farhan Khan, 24, from Hayes, west London; Anthony Baugh, 25, from Luton; and Fahim Khan, 36, from south London but residing in Spain, are the other British suspects.

Two German nationals also appeared in court.

Boiler room scams are estimated to cost the UK about £200m a year.

June 22nd 2011

A City of London Police investigation into one of the UK’s biggest boiler room frauds has ended with the conviction of nine people.The case can now be reported, after the final two suspects, Abrue’s wife and mother-in-law, were convicted in Newcastle Crown Court today. City of London Police investigated the crime in its role as national lead force for fraud.

Sarah Robson, 28, and Jocelyn Cowper, 57, from Tyne-and-Wear, were found guilty of assisting the mastermind behind the multi-million pound con. They will be sentenced on 12 July 2011.

George Abrue, 30, the mastermind behind the fraud, was jailed for five-years having admitted to orchestrating a £10 million investment con that targeted UK citizens.

Six other members of Abrue’s gang were also jailed at Harrow Crown Court in May, with his main partners, Scott Henderson, 31, and Anton Deach, 25, receiving five-year and four-year prison sentences respectively.

Detective Chief Inspector Dave Clark, from the City of London Police, said:

“George Abrue was a bright and articulate man, but he was also an unscrupulous and callous coward.  He showed no sentiment in his crime, and clearly thought nothing of the impact his fraud had on its victims.

“Some of those victims have been suicidal, and the psychological effect on them and their families has been tragic; all so Abrue and his friends could live the lifestyle of a Premier League footballer spending astronomical sums of money.
“Our focus now is to recover every asset we can in an effort to claw back some of the victims’ money, work which will continue for the next two years.

Operation Soundwave saw the City of London Police working with Spanish law enforcement and, for the first time on a major investigation, the NFIB.

DCI Clark added:

“This case shows how the NFIB can prove to be a huge breakthrough for law enforcement. The linking together of this case by the Bureau turned a three-year investigation into six-months work.

“Transfer that to the number of possible victims who could have lost money during a longer investigation, and the potential value of the NFIB is clear.”

15th July 2011

A conman who defrauding investors in 43 countries out of more than £4.5m has been jailed for two-and-a-half years.Paul Slack

Paul Slack was jailed at Derby Crown Court today (Friday, July 15) after pleading guilty to conspiracy to defraud and conspiracy to conceal criminal property. His conviction follows a two-year international investigation by officers from Derbyshire Constabulary’s Economic Crime Unit.

At Derby Crown Court, Slack admitted conspiring with others to obtain funds from various investors by falsely representing legitimate and fraudulent companies between June 2007 and December 2010.

Slack (32), formerly of Kingwinsford in the West Midlands, also admitted conspiring to conceal criminal property.

Photographs

Click on links beneath photo for full size. (Photos open in new window)

George Abrue Car-3
George Abrue First car used by George Abrue
Car-2 Car-4 gangs location in Spain

‘Boiler Room’ frauds are generally committed by organised criminal gangs which con people into buying shares in legitimate companies or buying commodities such as gold. The victims are often elderly, vulnerable and inexperienced in investments.

They are typically cold called by the gang and subjected to high pressure sales tactics. Victims usually lose their savings, pensions, and property to the criminals.

Detectives hunt Slack’s gang

Detective Sergeant Darron Hunt of Derbyshire police’s Economic Crime Unit said: “Each year, there will be many victims in Derbyshire who lose hundreds of thousands of pounds to these criminal gangs. Some never report their losses to the police as they feel embarrassed at being duped by these criminals but they shouldn’t feel ashamed.

“These are professional criminals at the top of their game, operating outside UK jurisdiction, thinking that they will never be caught. This is a falsely held belief. With the assistance of the public, our Economic Crime Unit is not only prepared to take on these gangs but are also proven to be successful in prosecuting them from wherever they choose to operate.”

Detective Constable Winnard, the officer in the case, said: “These sort of crimes are difficult to investigate due to their complexity and cross-border nature. The gangs hope that by moving through different countries the police will not investigate their activities but in this case, they were wrong.”

DC Winnard said that this type of crime not only has a devastating effect on victims, who often lose everything they own, it has an impact on the economy as well. He added: “In this case, around £4.5 million that could have been invested in legitimate companies went straight into the pockets of criminals instead of into businesses that needed investment.

“We are aware that Slack had personal control of almost £1 million of victims money. This conviction sends a message to those involved in this type of crime that wherever you are in the world, you are not beyond the reach of the UK authorities.

“I would personally like to thank both the Cypriot and Hong Kong Authorities for their assistance in bringing Paul Slack to justice.”

“However, our investigation is not over. We are still actively seeking Slack’s accomplices in this significant fraud case.”

Fraudsters jailed in similar operation

The joint operation between Derbyshire Constabulary and the City of London led to several successful convictions earlier this summer at Harrow Crown Court. This crime group is believed to have obtained around £3.9 million from victims in the UK. Sentences for this crime group included:

  • George Abrue (30) - five years imprisonment
  • Scott Henderson (31) - Four years imprisonment
  • Anton Deach (25) - five years imprisonment
  • Babatunde Aluko (28) - three years and nine months imprisonment
  • Sam Hamed (24) - three years and nine months imprisonment
  • Dean Hamilton (25) – three years imprisonment
  • Mark Brannan (27) – 18 months imprisonment on each count (1 x conspiracy to defraud, 1 x money laundering) to run concurrently
  • Sarah Robson – (25) 21 months ( 1x conspiracy to defraud and 1x conspiracy to money launder)
  • Jocelyn Cowper (53) – one year (1x conspiracy to defraud and 1x conspiracy to money launder)

The full list of sentences for the case was as follows:

George Abrue – 5 years imprisonment on each count (1 x Conspiracy to defraud, 1 x money laundering) to run concurrently

Anton Deach – 5 years imprisonment on 1 count of Conspiracy to defraud

Scott Henderson – 4 years imprisonment on each count (1 x Conspiracy to defraud, 1 x money laundering) to run concurrently

Babatunde Aluko – 3 years and 9 months imprisonment on each count (1 x Conspiracy to defraud, 1 x money laundering) to run concurrently

Sam Hamed – 3 years and 9 months imprisonment on each count (1 x Conspiracy to defraud, 1 x money laundering) to run concurrently

Dean Hamilton - 3 years imprisonment on each count (1 x Conspiracy to defraud, 1 money   laundering) to run concurrently

Mark Brannan – 18 months imprisonment on each count (1 x Conspiracy to defraud, 1 x money laundering) to run concurrently

Sarah Robson – found guilty of one count of conspiracy to defraud and one count of conspiracy to money launder; due to be sentenced 12 July

Jocelyn Cowper – found guilty of one count of conspiracy to defraud and one count of conspiracy to money launder; due to be sentenced 12 July

Get me my lawyer !!!!

Posted by Chris on August 1st, 2011

If you are sick then you go to the doctor.

If you have toothache you go to the dentist.

If you have a dispute you call on your lawyer !!

1311064934 64 Lawyer Faces Suspension over Racy Craigslist Ad

The first conversation is often free but pretty soon the invoices start flowing.

These days everything is billed - by the minute !!

A meeting ?? - that’s billed.

A phone call ?? - that’s billed.

Conversations between one lawyer and another ?? - that’s billed.

Lawyers are honest - correct ???

Unfortunately ……. not !!

In fact lawyers are in a position to scam you in more ways than one.

They can scam you in little ways ( billing for time that they did not actually spend on your case ) and in very big ways ( misappropriating your money ).

There is a little known alternative to calling your lawyer……

Mediation instead of litigation !!!

Mediation is described in full here:

http://en.wikipedia.org/wiki/Mediation

but lets pull out a few main points:

Mediation, as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement (facilitative mediation). In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so (evaluative mediation).

Mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process. There may be no obligation to go to mediation, but in some cases, any settlement agreement signed by the parties to a dispute will be binding on them.
Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Much depends on the mediator’s skill and training. The mediator must be wholly impartial. Disputants may use mediation in a variety of disputes, such as commercial, legal, diplomatic, workplace, community and family matters. A third-party representative may contract and mediate between (say) unions and corporations. When a workers’ union goes on strike, a dispute takes place, the parties may agree to a third party to settle a contract or agreement between the unionand the corporation.

Why choose mediation

Several reasons exist for choosing mediation over other channels of dispute resolution (such as those involving attorneys and courts).

  • Parties to a dispute may choose mediation as (often) a less expensive route to follow for dispute resolution. While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or filed in court may take months or even years to resolve, a case in mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs.
  • Mediation offers a confidential process. While court hearings of cases happen in public, whatever happens in mediation remains strictly confidential. No one but the parties to the dispute and the mediator(s) know what has gone on in the mediation forum. In fact, confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of a mediation. Many mediators actually destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.
  • Mediation offers multiple and flexible possibilities for resolving a dispute and for the control the parties have over the resolution. In a case filed in court, the parties will obtain a resolution, but a resolution thrust upon the parties by the judge or jury. The result probably will leave neither party to the dispute totally happy. In mediation, on the other hand, the parties have control over the resolution, and the resolution can be unique to the dispute. Often, solutions developed by the parties are ones that a judge or jury could not provide. Thus, mediation is more likely to produce a result that is mutually agreeable, or win/win, for the parties. And because the result is attained by the parties working together and is mutually agreeable, the compliance with the mediated agreement is usually high. This also results in less costs, because the parties do not have to seek out the aid of an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.
  • The mediation process consist of a mutual endeavor. Unlike in negotiations (where parties are often entrenched in their positions), parties to a mediation usually seek out mediation because they are ready to work toward a resolution to their dispute. The mere fact that parties are willing to mediate in most circumstances means that they are ready to “move” their position. Since both parties are willing to work toward resolving the case, they are more likely to work with one another than against one another. The parties thus are amenable to understanding the other party’s side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute.
  • Finally, but certainly not least, and as mentioned earlier in this article, the mediation takes place with the aid of a mediator who is a neutral third party. A good mediator is trained in conflict resolution and in working with difficult situations. The good mediator is likely to work as much with the emotional aspects and relationship aspects of a case as he or she is to work on the “topical” issues of the matter. The mediator, as a neutral, gives no legal advice, but guides the parties through the problem solving process. The mediator may or may not suggest alternative solutions to the dispute. Whether he or she offers advice or not, the trained mediator helps the parties think “outside of the box” for possible solutions to the dispute, thus enabling the parties to find the avenue to dispute resolution that suits them best.[3]

Here’s a great video on Mediation:

http://www.youtube.com/watch?v=xL-cdcpu7Ms

Here is The Begum Aga Khan on Mediation:

The Begum with Mrs. Charlotte Knobloch, President of Central Council of Jews in Germany and Prof. Dr. Katharina Countess von Schlieffen, Director of the Contarini Institute

The Begum said “Mediation is a voluntary, constructive process in which the parties in a dispute, with the aid of a neutral intermediary, the so-called mediator, themselves seek agreement, instead of battling it out in the court. The mediator helps the often very entrenched parties to speak to each other again, helps avoid the conflict escalating and helps to highlight the parties’ interests without proposing a decision. In a family mediation, for instance, parents who are at loggerheads succeed in making reasonable arrangements for the future in the interest of their beloved child. Mediation is respectful cooperation in conflict and an intelligent and humane way of thinking. However, mediation can only help where both or all parties have a real desire to reach agreement.”

To discuss mediation in more detail please contact Graham at The Mediation Room.

http://www.themediationroom.com/

ADDRESS

The Mediation Room.com

218 Strand

London

WC2R 1AT

UK

TEL
+44 (0)8450 573943

FAX
+44 (0)870 1303337

EMAIL
info@TheMediationRoom.com

Bond Pearce Lawyers Solicitors Plymouth

Posted by Chris on July 30th, 2011

Bond Pearce Lawyers Solicitors of Plymouth have a website that is full of statements like

” We were proud to be named finalists for The Lawyer ‘Law Firm of The Year’ award. Recognising our focus on providing the best service of any UK law firm and our successes.”

and

” We have come out on top in the Legal Week Intelligence Client Satisfaction Report, achieving the best overall firm score.”

and

” Our lawyers are happy to provide insight and opinion on the latest business issues and legal developments. If you would like to talk to one of our experts, or have any other questions, please get in touch.”

but like most lawyers their only real interest is in obtaining the maximum amount of fees and in the never ending promotion of young lawyers to ” partners “. i.e. the growth of ” The Firm “.

http://en.wikipedia.org/wiki/The_Firm_(1993_film)

The way that you get promoted as a young lawyer at Bond Pearce solicitors and other law firms is by earning fees for the firm ( and saying all the right things to the partners ). See

http://www.bondpearce.com/news/ournews/celebrating_success_senior_promotions_announced/

http://www.bondpearce.com/news/ournews/partner_promotions_2011/

Typically it’s a case of who you know as well as what you know.

If you had any doubt over the primary objective here’s the Managing Partner on promotion

Bond Pearce managing partner Victor Tettmar added: “Will and Stephen both have a clear vision of what can be done to advance the firm and I have no doubt that they will continue to make a significant contribution to our future success.”

For ” advance the firm ” and ” make a significant contribution ” read ” get more fees ” and ” beat the competition ” and ” grow more baby lawyers into associates and partners “.

Bond Pearce ( like most other lawyers ) spend a lot of their time proving to their peers that they are ” a law firm to be recognised ”

” Our core offices are in Bristol, Plymouth, Southampton, London and Aberdeen but our work takes us all over the UK and indeed the world. If you have a general enquiry call +44 (0)845 415 0000 or e-mail us at info@bondpearce.com.”

They obviously have a Marketing person who wants you to believe that they are a global force ;-)

Actually Legal 500

(Published for over twenty years, the Legal 500 Series provides the most comprehensive worldwide coverage currently available on legal services providers, in over 100 countries.

Used by commercial and private clients, corporate counsel, CEOs, FDs and professional advisers - as well as by other referrers of work both nationally and internationally - the series is widely regarded as offering the definitive judgement of law firm capabilities. )

describes them as mostly a 2nd and 3rd Tier firm

http://www.legal500.com/firms/393/offices/7971

So you would be better off looking for 1st and 2nd Tier firms really wouldn’t you ???

One of Bond Pearce’s latest money making schemes is the Conditional Fee Agreement ( No Win - No Fee ). Some bright spark ( probably earnt him or her a partnership !! ) will have gone around various firms saying ” We will work for FREE for you. We will get all our money from the person you are litigating against. It will cost you nothing ! ” .

So, what Bond Pearce do is add their fees to any claims awarded.

http://www.bondpearce.com/news/ournews/partner_promotions_2011/

Interestingly this is one of the subjects that came under The Jackson Review

“ Lord Justice Jackson published the “Review of Civil Litigation Costs: Final Report” in January 2010. The report made various proposals for the reform of the costs regime in UK litigation. One of his key proposals was to end the recoverability of success fees and after-the-event insurance premiums under conditional fee agreements (for further details please see “Civil litigation costs review: key recommendations“). In July 2010 the government announced that it would consult on how to implement this proposal. The consultation will also gather opinion on the report’s other recommendations on funding arrangements, particularly the recommendation that lawyers be permitted to enter into contingency fee agreements.”

http://www.internationallawoffice.com/newsletters/detail.aspx?g=9c84e358-0204-49c5-a7f6-307b754f1b6a

More on this shortly !!!!

http://www.sra.org.uk/solicitors/solicitors.page

The enforcement on behalf of large corporations able to afford normal fee arrangements of the success fee element in Conditional Fee Agreements on Defendants in ‘easy to win’ cases has to be one of the biggest injustices perpetrated by lawyers.

It is typical of the legalised criminality employed by lawyers.

Think about this: A law firm agrees a CFA with it’s client that means that anyone that it’s client litigates against will ( if they lose ) end up paying NOT only the normal legal fees but ALSO an additional success fee. The client is protected and they and the lawyer typically takes out insurance so that if they do lose the case their costs are covered anyway. That’s what’s called a Win-Win situation !!

Bond Pearce’s use of the Conditional Fee Agreement is a complete distortion of it’s intended use. The CFA was intended to allow claimants who could not afford legal fees the opportunity to get legal redress i.e. it was intended for the ” small person ” to take on the ” big company or organisation “. Instead Bond Pearce are helping big, rich companies get even richer by using the CFA against the ” small person “. In addition to helping the big companies get bigger Bond Pearce typically double the fees that they would normally have received.

Litigation - United Kingdom

Conditional fee agreements after Jackson: consultation and next steps

Contributed by Reynolds Porter Chamberlain LLP

October 05 2010

Background
Success fees, after-the-event insurance and contingency fees
Report
Consultation


Background

Lord Justice Jackson published the “Review of Civil Litigation Costs: Final Report” in January 2010. The report made various proposals for the reform of the costs regime in UK litigation. One of his key proposals was to end the recoverability of success fees and after-the-event insurance premiums under conditional fee agreements (for further details please see “Civil litigation costs review: key recommendations“). In July 2010 the government announced that it would consult on how to implement this proposal. The consultation will also gather opinion on the report’s other recommendations on funding arrangements, particularly the recommendation that lawyers be permitted to enter into contingency fee agreements.

Success fees, after-the-event insurance and contingency fees

In a conditional fee agreement a success fee is an amount paid to lawyers when a certain event arises - usually, the client winning the case. This amount is additional to the amount that would normally be payable if there were no conditional fee agreement, often referred to as the ‘base cost’ of the law firm.(1) A success fee is expressed as a percentage uplift on the base cost, the maximum uplift being 100%. Both the base cost and the success fee are recoverable from the other side if the client wins the proceedings. A success fee is calculated by taking into account (i) the risk element (ie, the risk of losing the litigation), and (ii) the postponement element (ie, the cost of not being paid the fee until the outcome of the litigation is known).

Often, a party relying on a success fee also enters into after-the-event insurance in order to cover the opponent’s legal costs should the case be lost.

A contingency fee arrangement provides that a client does not pay its own lawyer’s fees if the case is lost. However, where the client wins or settles favourably, the client’s lawyer receives the fee from the damages that the claimant recovers (in contrast to a success fee, where a client’s legal fees are recoverable directly from the opponent).

Report

The report noted that the rationale for introducing conditional fee agreements was to make legal action more attractive to those unable to qualify for legal aid after the threshold for entitlement had been lowered. Under a conditional fee agreement the burden of funding litigation was shifted from the taxpayer (as in the case of legal aid) to the opposing party. However, it was noted that where the opposing party is a public body - for example, the National Health Service (NHS) - the cost of funding the litigation is still effectively met by the taxpayer, and that millions of pounds are spent each year defending claims against tax-funded entities.

The report also attacks conditional fee agreements on the grounds that they often result in the creation of ’super-claimants’ who enjoy a package of a conditional fee agreement, after-the-event cover and third-party funding, and thus assume minimal risk. The burden of costs is transferred to the opponent and claimants with conditional fee agreements often have little interest in controlling the costs being incurred on their behalf. The report also states that conditional fee agreements allow claimant solicitors to cherry-pick cases which they see as being likely to win in order to maximise their fees.

The report’s main recommendation was that success fees and after-the-event premiums cease to be recoverable from unsuccessful opponents where the client wins the case. Conditional fee agreements would remain available, but success fees would be capped at 25% of damages and would be borne by the claimant. In practice, this would mean that a success fee would be paid out of any award of damages. However, in order to ensure that successful claimants are properly compensated, the report recommends increasing the level of general damages for personal injuries, nuisance and other civil wrongs by 10%. It was also recommended that the reward for a successful Part 36 offer made by the claimant be enhanced, as this would help claimants to meet the success fee in the limited cases that proceed to trial. A further proposal would allow contingency fees or damages-based agreements, which would enable lawyers to take a share of their client’s damages. Such arrangements are not permitted under UK law.

Consultation

The consultation is likely to be thorough and wide ranging. Earlier in 2010 the Conditional Fee Agreement (Amendment) Order 2010, which proposed a cap for the maximum success fee in defamation cases at 10%, had a difficult passage through Parliament due to concerns that there had not been adequate consultation - the consultation period had been four weeks, rather than the usual 12. However, the fact that this order was expedited shows a willingness to implement legislative change in this area.

Reforms arising from the consultation with regard to the recoverability of success fees and after-the-event premiums are likely to require primary legislation. Perhaps a more decisive factor in implementation and legislative change will be the cost to local and central government. If the proposed changes fit the government’s cost-cutting agenda - and the cost of litigation to the NHS suggests that there are savings to be made - then new legislation may be more likely.

The short-term effect is likely to be increased awareness within the legal profession and the judiciary of the importance of controlling costs. The current consultation may be focused on recoverability, but the overarching theme of Jackson’s recommendations is to identify and tackle the causes of excessive costs. In this respect the consultation is relevant to all litigators, not just those instructed under conditional fee agreements.

For further information on this topic please contact Helen Fairhead at Reynolds Porter Chamberlain LLP by telephone (+44 20 3060 6000), fax (+44 20 3060 7000) or email (helen.fairhead@rpc.co.uk).

Endnotes

(1) The definition of a success fee can be found in Section 58(b) of the Courts and Legal Services Act 1990, as amended by Section 27 of the Access to Justice Act 1999

Other Plymouth lawyers you could use:

http://www.brightllp.co.uk/

http://www.footanstey.com/

http://www.gardandco.com/

http://www.wolferstans.com/index.cfm

http://www.symonds-solicitors.co.uk/

http://www.gillakaster.com/

http://www.thompsons.law.co.uk/

Job vacancy Poundbury Dorchester

Posted by Chris on July 29th, 2011

Job Vacancy Poundbury Dorchester

Do you have good communication skills with a friendly telephone manner?

Do you have good organisational skills?

Can you work as part of a team?

Are you self motivated?

Are you looking for a local, full time office based job?

If the answer to all these questions is yes, you may be just who we are looking for.  If you think you are that person please send your CV tokaren.shannon@poundbury.com or post to the following address marked for the attention of Mrs Karen Shannon:

Poundbury Systems Ltd
Emeria House
71-73 Middlemarsh Street
Dorchester
Dorset
DT1 3FD

Reflections on the Moon Bear Sanctuary

Posted by Chris on July 26th, 2011

Reflections on the Moon Bear Sanctuary

This is a guest blog By Suzie Marsh June 2011

Doug and I have just returned from China where we went to visit the Moon Bear Rescue Centre owned and run by Animals Asia. We made the trip because I am planning a joint exhibition in 2012 with the wildlife artist Richard Symonds. Our aim is to raise funds for Animals Asia, a charity that we both support and now, as a result of our trip, we are both even more committed to helping them in any way that we can. Our time out there with the Animals Asia founder, Jill Robinson MBE, her staff, the volunteers and, of course, the bears has proved to be a life-changing experience for all of us.

It seemed a very long way to go to see some bears, but l was keen to go and “meet them in the flesh”. It was a too good an opportunity to miss and, as we were all to find out, these are not just any old bears, these are very special bears who are worth fighting for. They are bears who have gone to hell and beyond all their lives, living under constant torture and pain in bile farms until being rescued and by Jill and her wonderful team. Now they are cared for and have the freedom to walk, and to explore. They can lie in the sun, dig in rain puddles and feel the earth and grass beneath their feet.

To see the rescued bears today you could be forgiven for forgetting what they have gone through. They are now happy, healthy, well cared for and contented bears, but look closely and you can still see their physical scars.

Some have missing limbs whilst others have bald lines showing where the metal jackets, snares and bars have cut into them for years; others are blind and nearly all have many missing teeth - teeth that have either been knocked out or cut down by the bile farmer or just worn down on the cage bars by the bears in their desperation.

Photo of Starlight

Photo of Jill and Jasper

Photo of Billy

It is a truly amazing experience to see them now and to see how few show any lasting mental problems. Thanks to the constant and patient care of the Animals Asia team the bears have managed to at last live. They play and live happily together in large green enclosures. Each day their food is prepared and placed in new places and in new toys so that they can search it out. Different toys are placed in the enclosures and even the waterfalls into their ponds vary each day with the way the water gushes out. So no day is the same for them. They have swings, hammocks, trees and climbing frames to explore.

A striking example of a bear who has gone through sheer hell and who now has the life he deserves is Oliver who has become a sort of flagship bear for the sanctuary to illustrate what they are fighting for. Oliver is a brown bear who has suffered incarceration for thirty years! Thirty years is the natural life span for a brown bear, so this means he has been in pain and terror for all his life. As a result of his imprisonment he has many health problems, the most noticeable to a visitor being his stunted legs. Due to growing up in a crate he now looks like a sausage bear, which is not cute, it breaks your heart. But now he is spending the life he has left to him in peace and freedom being well cared for and well-loved by all who know him. He plays and explores his surroundings, enjoying the pool and the grass beneath him. Our first introduction to him reduced us all to tears as we found it hard to comprehend what he must have been through. Thinking of him still brings tears to my eyes but they are happy tears for the life he now has and we all hope he has many more years to enjoy his new free life.

When we arrived at the sanctuary I had no idea of how powerful an effect the place would have on me, or in fact on all of us. At the sight of my first bear I was over come and burst into tears. I then spent the rest of my time swinging from tears of joy at seeing them now and tears of pain thinking of what they had gone through before reaching the sanctuary. Now even a photo can bring it all the emotions back to me.

Photo of Clancy Jack

Photo of Oliver

Sadly not all the rescued bears make it. For some the kindest thing to do is to euthanize them to put them out of their pain and suffering. They are buried with love and dignity by the river in the sanctuary cemetery. A walk through a bamboo forest brings you to this haven, a very moving and peaceful place where white butterflies dance amongst small mounds of earth topped with simple wooden crosses. Each mound has a stone carrying the bear’s name and the day it died. I found myself wandering into this place several times during our stay. Each time it would bring tears to my eyes and yet I also found it to be so beautiful. Whilst watching the butterflies floating about in the dappled haze of misty sunshine I could hear the faint sound of Chinese music. I felt this part of the sanctuary to be very special to me, so much so, that I am planning a memorial sculpture to put in amongst the bears. Scattered between the bears you can also find several graves with the name “Dog” on them. Many of the local workers now ask if they can bring their pet dogs for burial here. They are labelled simply “Dog” not out of disrespect, but because that is a common given name, as we would call our pets Rover or Nelly.

This trip was not all about sorrow; it was also about being positive and doing what we can to put an end, sooner rather than later, to bear farming and the suffering of all the bears still to be freed. These animals are so long-suffering and stoical that they can

Photo of The cemetery

Photo of Caesar at point of rescue, still wearing the “full metal jacket”.

Photo of Caesar now!

Photo of Paddy

Link to YouTube to see the following Video’s by Richard Sy-monds

“Would you believe me” http://www.youtube.com/watch?v=DaloDpIyqqM

“The first time …” http://www.youtube.com/watch?v=DqamfM4P1yU

endure years of horrific pain that would kill another animal. You may think “what is the point?” That it is a battle that can’t be won. But it can! The tide is changing; a majority of the Chinese people are now also calling for it to stop and the Chinese government is sympathetic. Let’s help them. You may think that all this effort and struggle is a hopeless task, but visit this sanctuary and you will see the rescued bears finally able to live free and doing what bears should be able to do and you will realise that even to have saved only one bear would have made it all worthwhile.

At present there are just over one-hundred and seventy live and happy bears in the Chengdu Sanctuary and another seventy-nine bears and cubs in the Animals Asia sanctuary in Vietnam. Animals Asia is one of only two animal charities that actually own and run their own sanctuaries. The rescued bears are a lifetime commitment and need constant support. Each bear comes with its own tragic story, but each one has the relief of being freed from the crushing crates and pain. I cannot describe the feeling you get from being there. We spent just under a week there and not once did I get bored with looking at the bears. The days flew by and I envy the volunteers and workers whose job it is to observe these bears every day. What a job!

I hope from reading this you will be inspired to find out more about Animals Asia and that it will lead to you helping them too. You can look them up via the link from this website.

Thanks for taking the time to read this. This is a battle worth fighting and one that can be won!

If you would like to be on our mailing list for our Animals Asia exhibition next year, please contact us by letter or email and we will add you to our list.

suzie@dale3704.fsnet.co.uk

Suzie Marsh Sculpture

Manor Cottage

Rosecraddoc

Liskeard

Cornwall PL14 5AE

http://www.animalsasia.org/

Photo of Jingle


Copyright © 2007 M & A Rainmaker. All rights reserved.