Caverton Offshore Support Group Plc ( Q12020 Interim Report

first_imgCaverton Offshore Support Group Plc ( listed on the Nigerian Stock Exchange under the Transport sector has released it’s 2020 interim results for the first quarter.For more information about Caverton Offshore Support Group Plc ( reports, abridged reports, interim earnings results and earnings presentations, visit the Caverton Offshore Support Group Plc ( company page on AfricanFinancials.Document: Caverton Offshore Support Group Plc (  2020 interim results for the first quarter.Company ProfileCaverton Offshore Support Group Plc is a fully integrated offshore support company in Nigeria offering marine and aviation logistics services for the oil and gas industry in sub-Sahara Africa. The company provides offshore and onshore logistic support with helicopters and fixed-wing aircraft; private charter services for air tours and aerial photography; maintenance, repair and overhaul services for helicopters; and executive ground handling services for helicopter and private jets. Caverton Offshore Support Group Plc owns and manages marine vessels which includes anchor handling tug supply vessels for positioning, maintaining and moving oil and gas rigs; and platform supply vessels for transporting equipment to offshore platforms. The Caverton Group was formed to acquire Caverton Helicopters Limited and Caverton Marine Limited, both of which were already operating in the Nigerian offshore oil and gas logistics industry. The company’s head office is in Lagos, Nigeria. Caverton Offshore Support Group Plc is listed on the Nigerian Stock Exchangelast_img read more

Valle House / Luciano Gerbilsky Arquitectos

first_imgValle House / Luciano Gerbilsky ArquitectosSave this projectSaveValle House / Luciano Gerbilsky Arquitectos Architects: Luciano Gerbilsky Arquitectos Area Area of this architecture project Photographs:  José Margaleff, Hector Velasco Facio Manufacturers Brands with products used in this architecture project CopyAbout this officeLuciano Gerbilsky ArquitectosOfficeFollowProductsGlassStone#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesValle De BravoMexicoPublished on December 15, 2019Cite: “Valle House / Luciano Gerbilsky Arquitectos” [Casa valle / Luciano Gerbilsky Arquitectos] 15 Dec 2019. ArchDaily. Accessed 10 Jun 2021. ISSN 0719-8884Browse the CatalogPanels / Prefabricated AssembliesTechnowoodSiding Façade SystemWindowsMitrexSolar WindowMetal PanelsAurubisPatinated Copper: Nordic Green/Blue/Turquoise/SpecialMetal PanelsDri-DesignMetal Panels – CopperIn architectureSikaBuilding Envelope SystemsExterior DeckingLunawoodThermowood DeckingMembranesEffisusFaçade Protection – Breather+Metal PanelsPure + FreeFormCustom Metal Cladding – Legacy Fund 1 BuildingWood Boards / HPL PanelsInvestwoodWood Fiber Partition Walls – ValchromatDoorsLinvisibileLinvisibile FILO 10 Vertical Pivot Door | BrezzaSkylightsFAKROEnergy-efficient roof window FTT ThermoToilets / BidetsBritexToilets – Accessible Centurion PanMore products »Save世界上最受欢迎的建筑网站现已推出你的母语版本!想浏览ArchDaily中国吗?是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Area:  580 m² Year Completion year of this architecture project Photographs Houses “COPY” CopyHouses•Valle de Bravo, Mexico Mexico Projectscenter_img Year:  Save this picture!© José Margaleff+ 21Curated by Clara Ott Share 2018 Valle House / Luciano Gerbilsky Arquitectos “COPY” Manufacturers: AutoDesk, Nemetschek, ALEJANDRO DE SANTIAGO, DAFOR, FTWall Mosaic, Fine Floors, Interceramic, MACEDOSave this picture!© José MargaleffText description provided by the architects. Valley House is a 580 meter construction, built on a 5,000 square meter lot in a gated community called Valle Santana in Valle de Bravo. The lot has a complex surface, with a 35% incline which makes construction a challenge but provides a grand view. The house is placed on the highest part of the terrain and is built downwards alongside the land. On the lowest part of the plot a lake was made, digging out dirt that is used to fill other areas, easing the process. The design is made up of modules that are connected by glass bridges that merge with the surrounding nature. No trees where cut down. The abundant vegetation is respected; the project is created coexisting with the endemic surrounding. The landscaping can be appreciated from each volume. A water mirror is created at the main entrance which transforms into two streams that surround the house and end at the lake. The water is then sent back up through a pumping system. The main entrance is placed in the central volume, a 4-meter-high cube built around a 30-meter-tall tree that creates an interesting sensation.Save this picture!© José MargaleffTowards the east we find the private family area with four bedrooms, each with their own bathroom with interior garden, and a balcony from where you can enjoy the view. The main bedroom has a large terrace with a lounge and chimney. In the main hallway, artwork made specially for this project by a renowned Oaxacan artist is hung. To the west is the social volume. Here we have the service areas: covered garage, laundry room, service bedroom and storage. Through the bridge that circulates above the stream and among trees you arrive at the stair case that takes you to the kitchen, interior living room and dining room that are connected to the covered terrace that hosts the exterior dining area with a stone stove and grills. The Jacuzzi/pool area are located on a deck floating above the land. Solar panels are used to heat all the water system for the Jacuzzi and showers. The lake was designed with a system that captures rain water for reuse and to maintain the desired level in the lake and streams.Save this picture!© José MargaleffSave this picture!PlansSave this picture!© Hector Velasco FacioThe house structure is made completely with steel beams in order to create a clean design that allows for minimum land intervention. The walls are made with rustic masonry in earth tones and in certain areas with local volcanic rock. The lattice surrounding the interior gardens in each bathroom are made from teak. The structure of the house is covered by a combination of concrete and rocks that were made on site during construction. The lighting on the terraces and main entrance was inspired by torches that outline the house. All the doors where designed with barn doors in mind. We created all the textiles with Mexican artisans using our ideas to fulfill our clients’ needs.Save this picture!© Hector Velasco FacioProject gallerySee allShow lessZeimuls, Centre of Creative Services of Eastern Latvia / SAALS ArchitectureSelected ProjectsVilla Cerro Corá House / ArquitecTava + Grupo Culata JovaiSelected Projects Share ArchDaily ShareFacebookTwitterPinterestWhatsappMailOr Clipboard ShareFacebookTwitterPinterestWhatsappMailOr Clipboardlast_img read more

Call for entries for international charity DRTV award

first_imgCall for entries for international charity DRTV award  32 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Howard Lake | 5 June 2008 | News Tagged with: Awards Individual giving Resource Alliance AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis Following its success last year, international capacity building charity the Resource Alliance and creative agency WWAV Rapp Collins are once again running an international direct response fundraising TV award.Entries are now open for the 2008 Gold Star Award for Excellence in Fundraising DRTV. The winner will be voted on by delegates at the International Fundraising Congress (IFC) in Holland in October.The winner in last year’s inaugural awards was the Dutch children’s charity SOS Kinderdorpen, which beat off challenges from British, American and Mexican NGOs.The process will be the same as last year, with delegates voting for their preferred advert form a shortlist of six drawn up by a panel of expert judges from the fundraising sector.The closing date for applications is 31 August 2008 and the shortlisting process will take place on 9 September.Ian Haworth, WWAV Rapp Collins’ global chief creative officer, said: “WWAV was a pioneer of charity DRTV so working with the Resource Alliance for this award is a natural fit for us because what we helped start has now spread throughout across the globe”.However, although last year saw a very high standard of entries, Haworth said that “we hope to see an improvement in is the quality of the ask. Last year, the shortlisting panel had to eliminate a couple of entries because they did not make an effective ask and one advert didn’t actually make an ask at all.”To be eligible, a DRTV ad must have aired since May 2007.Shortlisted candidates will receive a discount for the 2008 congress, while the winner will receive the Gold Star Trophy and a free place at the 2009 IFC.The 28th International Fundraising Congress takes place from 14 to 17 October 2008 at Leeuwenhorst in the About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of Researching massive growth in giving.last_img read more

Protest honors Laquan McDonald

first_imgHundreds of activists took part in a demonstration at Chicago Police Headquarters on Oct. 20 to commemorate the second anniversary of the racist police murder of Laquan McDonald. Speakers demanded swift justice, an end to police brutality and structural change to ensure community control of public safety.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img

USDA Urged to Get Prepared for Return of Avian Influenza This…

first_img USDA Urged to Get Prepared for Return of Avian Influenza This Fall SHARE Facebook Twitter By Gary Truitt – Jul 31, 2015 SHARE Facebook Twitter The House Agriculture Subcommittee on Livestock and Foreign Agriculture held a public hearing, Thursday, to examine the federal and state response to avian influenza. AI is recognized as one of the worst animal disease outbreaks the U.S. has ever experienced, and has infected more than 220 farms in 21 states. Subcommittee chairman Representative David Rouzer of North Carolina said the impact of the avian influenza outbreak has been devastating. He went on to say “it is essential that we learn from the outbreak this past spring and put in place the proper steps to minimize the impact of a possible outbreak in the Southeast when the temperatures decrease this fall.”Agriculture Committee Chairman Michael Conaway echoed the seriousness of the situation and said “It is absolutely vital that USDA and vulnerable states are prepared to respond quickly if this outbreak returns in the fall, as is expected.” So far, nearly 48 million chickens and turkeys have been depopulated and millions of dollars have been spent to aid in response efforts. Home Indiana Agriculture News USDA Urged to Get Prepared for Return of Avian Influenza This Fall Previous articleNCGA to Congress: Farmers Need Safe, Reliable Roads & BridgesNext articleU.S. Oil Futures Prices First Loss In Three Sessions Gary Truittlast_img read more

Horned Frog golfers started out strong in State Amateur Championship

first_imgGarrett Podell ReddIt Twitter Garrett Podell ReddIt Boschini: ‘None of the talk matters because Jamie Dixon is staying’ + posts Linkedin Garrett is a Journalism and Sports Broadcasting double major. He is the Managing Editor for TCU360, and his passions are God, family, friends, sports, and great food. Twitter Listen: The Podell and Pickell Show with L.J. Collier Linkedin Boschini talks: construction, parking, tuition, enrollment, DEI, a student trustee Garrett Podell The College of Science and Engineering Dean, Phil Hartman, retires after 40 consecutive years Facebook Garrett Podell printTwo members of the women’s golf team finished the first day of the 96th Texas Women’s State Amateur Championship atop the leaderboard.Junior Annika Clark birdied three of her last six holes Tuesday during the qualifying round for the championship, finishing at 3-under-par 69 to earn medalist honors by three strokes. She totaled five birdies on the day.Junior Brooke McDougald also played well, completing her qualifying round tied for fifth, posting a 1-over 73.  She had an eagle on the par 5, 403-yard fifth hole. McDougald also birdied the 10th hole.Clark had the top seed when the 32-player championship for match play began today at 8:30 a.m. She was the medalist at the 2015 event in Waco.“I was pretty solid all the way around today,” Clark said, who recorded two top-10 finishes for TCU last season. “I made quite a few birdies, and the whole day I was just making some really good putts. I had four feet pretty much all day for par, so it just felt really solid.”Clark said she didn’t plan on changing her game going into match play.“There are a couple holes out there I might approach differently,” she said. “There’s a hole out there where you can take driver towards the green, and I think may do that. Other than that, I had a pretty aggressive mindset out there today. I’ll keep that going into match play and be really aggressive on the birdie putts.” Previous articleFrogs poised to bounce back from down 2016 seasonNext articleFriends, family join together to remember TCU student killed in boating accident Garrett Podell RELATED ARTICLESMORE FROM AUTHOR Facebook TCU places second in the National Student Advertising Competition, the highest in school history World Oceans Day shines spotlight on marine plastic pollution Men’s basketball scores season-low in NIT semifinals loss to Texas Annika Clark swings away at the Big 12 Women’s Golf Championship at The Dominion Country Club in San Antonio, Texas. (Photo courtesy of Garrett Podell read more

Red States/Blue States: Housing Data Reveals Key Differences

first_img Previous: First American Announces ServiceMac Acquisition Next: 10 Cities with the Most Financial Distress from COVID-19 Data Provider Black Knight to Acquire Top of Mind 2 days ago The Best Markets For Residential Property Investors 2 days ago  Print This Post Home / Daily Dose / Red States/Blue States: Housing Data Reveals Key Differences About Author: Christina Hughes Babb Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago October 26, 2020 14,283 Views Data Provider Black Knight to Acquire Top of Mind 2 days ago Demand Propels Home Prices Upward 2 days ago Related Articles Servicers Navigate the Post-Pandemic World 2 days ago Red States/Blue States: Housing Data Reveals Key Differences Share Save Demand Propels Home Prices Upward 2 days ago A record number of Americans have voted early in November’s presidential election.Due to the heightened interest, researchers at are doing their part to help anticipate results.They pose the following questions, “Where do the deeply etched red-state/blue-state splits really come from? And how much can the huge housing differences across the nation tell us about how we got here—and where we’re going?”They turned to the data to find out.”We analyzed eight major housing indicators, to see how greatly they diverged between red, blue, and swing states,” reported. “We analyzed internal data to come up with metrics for home and rental price, price appreciation, home size, and inventory. We took the age of homes and the homeownership rate from U.S. Census Bureau data. The second-home information came from Optimal Blue, a real estate data firm specializing in lending information.”From blue-state residents paying more rent, to red states having larger homes, substantial housing differences can contribute to how people feel, politically, noted’s economists.”Life can be really different, depending on where you live,” says Chief Economist, Danielle Hale. “That’s reflected in different real estate norms, and it has a role in how you view your life and your priorities and values.” She adds that “owning a home literally gives people a stake in the ground, and that seems to translate into [more of] an incentive to vote.”They identified 20 red states, 17 blue states plus Washington, DC, and 13 swing states (based on Politico’s swing states designations, they included Arizona, Florida, Georgia, Iowa, Michigan, Minnesota, Nevada, New Hampshire, North Carolina, Ohio, Pennsylvania, Texas, and Wisconsin).Here are the some of the biggest housing differences between red, blue, and swing states that might help push one candidate or another to the finish line, according to the report:Highest and Lowest Home PricesRed: $249,650Blue: $424,500Swing: $310,698Home prices tend to be higher in blue states, according to the research. “A lot of the differences you see between red states and blue states reflect the urban-rural divide. Urban areas have traditionally voted more Democrat, and rural areas have typically voted more Republican,” says Jonathan Bydlak, Interim Director of the Governance Program at the R Street Institute, a libertarian think-tank. In this year’s election, he adds, “We’ve seen an increased polarization between urban and rural lines.”Biggest Rise in Home Prices Since the Last ElectionRed: 30.9%Blue: 26.5%Swing: 35%”Home appreciation, a nightmare for first-time buyers and a godsend for sellers, is strongest in the current swing states, which tend to be going through a demographic shift,” reported.As swing states continue to lure residents from more-liberal locales, the political leaning of those so-called purple states become more liberal, the researchers noticed, which is why prices there are skyrocketing.”Rising home prices can be good or bad, depending on whether you already own a home,” says’s Hale. “They create equity for owners that can be tapped for remodeling, invested in a business, or leveraged for a down payment on a future home. But for renters hoping to become owners, they can make the goal of owning a home seem frustratingly unattainable.”Where Homes for Sale Have Decreased the Most Since the 2016 ElectionRed: -54%Blue: -49%Swing: -59%Lack of homes on the market has become a major issue for potential homebuyers nationwide.The number of properties for sale is down the most in swing states, for the same reasons why home appreciation is the highest there, reported.The Biggest and Smallest HomesRed: 1,989 square feetBlue: 1,839 square feetSwing: 1,868 square feetHomes in the redder states of the South and Midwest, where zoning is less strict and construction labor is typically less expensive, it is easier, as puts it, “to go big.”The fact that Utah had the most median square footage (2,546 square feet) while homes in Washington, DC had the least (1,136 square feet) backs this up.States With Highest Homeownership RatesRed: 60%Blue: 57%Swing: 59%Homeowners tend to be a little more conservative than renters, says John Weicher, director of the Center for Housing and Financial Markets at the Hudson Institute, a conservative think-tank in Washington, DC.”If you own your own home, you’ve got [more of] a stake in society,” says Weicher, who served as an assistant secretary of housing for the U.S. Department of Housing and Urban Development in the first term of President George W. Bush. Homeowners, he notes, are more likely to want to protect their net worth and vote on issues that can affect their finances, such as taxes.Highest Percentage of Second HomesRed: 5%Blue: 8%Swing: 4%For further explanation, more indicators, and total methodology, visit the full report on Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Sign up for DS News Daily Christina Hughes Babb is a reporter for DS News and MReport. A graduate of Southern Methodist University, she has been a reporter, editor, and publisher in the Dallas area for more than 15 years. During her 10 years at Advocate Media and Dallas Magazine, she published thousands of articles covering local politics, real estate, development, crime, the arts, entertainment, and human interest, among other topics. She has won two national Mayborn School of Journalism Ten Spurs awards for nonfiction, and has penned pieces for Texas Monthly,, Dallas Observer, Edible, and the Dallas Morning News, among others. Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago 2020-10-26 Christina Hughes Babb in Daily Dose, Featured, News Subscribelast_img read more

Disclosure Of Interest Necessary Only When ‘Personal’ Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling

first_imgRTIDisclosure Of Interest Necessary Only When ‘Personal’ Information Sought Under RTI Act: Delhi High Court Clarifies Its Recent Ruling Sparsh Upadhyay31 Jan 2021 2:01 AMShare This – xThe Delhi High Court on Friday (29th January) clarified that whenever ‘Personal Information’ is sought under the ‘Right To Information Act, 2005’, the disclosure of applicant’s interest in the information being sought would be necessary to establish his/her bonafides. By issuing this clarification, the Bench of Justice Prathiba M. Singh has modified her earlier Judgment dated…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Delhi High Court on Friday (29th January) clarified that whenever ‘Personal Information’ is sought under the ‘Right To Information Act, 2005’, the disclosure of applicant’s interest in the information being sought would be necessary to establish his/her bonafides. By issuing this clarification, the Bench of Justice Prathiba M. Singh has modified her earlier Judgment dated 12th January 2021, wherein it was observed that disclosure of interest in information being sought under RTI act is necessary to establish applicant’s bonafide. This particular ruling (dated 12th January) by the Single Bench had come under severe criticism as many pointed out that the Order contradicted the Section 6(2) of the RTI Act. [NOTE: Section 6 (2) of The Right To Information Act, 2005 states that “an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him”.] As reported by The Indian Express, the Court, on Friday, also observed that its earlier order was “completely wrongly interpreted”. It added that the order pertains only to an applicant who was seeking the names of fathers and addresses of people in his RTI query. Justice Prathiba Singh, on 29th January, observed that there has been an “inadvertent omission” in the earlier order (of 12th Janaury) and the Bench further clarified that whenever “personal information” is sought, the disclosure of interest is necessary. The Order of 29th January In effect, the Delhi High Court has now clarified that disclosure of interest in RTI application is required only when the applicant seeks personal info. Earlier, the ruling had made the disclosure of interest necessary in the information being sought under RTI Act. In her clarification, Justice Pratibha M. Singh modified paragraph 12 of order dated 12th January, 2021 (while adding the word “personal” to the particular line). The said paragraph 12 shall accordingly read as under- “12. This Court is of the opinion that whenever personal information is sought under the RTI Act, disclosure of an interest in the said information sought would be necessary to establish the bonafides of the applicant. Non- disclosure of the same could result in injustice to several other affected persons, whose personal information is sought…”. Earlier, this very paragraph read as under, “12. This Court is of the opinion that whenever information is sought under the RTI Act, disclosure of an interest in the information sought would be necessary to establish the bonafides of the applicant. Non-disclosure of the same could result in injustice to several other affected persons, whose information is sought…”. The matter before the Court The Court was hearing a plea by one Har Kishan, who was seeking information with regard to appointments made for the Multi-tasking Staff of the Presidential Estate, Rashtrapati Bhawan. The Petitioner’s daughter had also applied for the said post, however, this fact didn’t find any mention in the writ petition and only when a query was put forth by the Court, the Petitioner revealed this fact to the Court. The information with respect to the notification [of MTS (Multi-Tasking Staff) examination], total number of candidates who appeared in the said examination etc was provided to the petitioner, however, information relating to residential address, and father’s names of all selected candidates was refused by the CIC. Court’s observations Noting that plea was cleverly quiet about the fact that the Petitioner’s daughter had applied for being considered for appointment for the said post, the Court had said, “Non-disclosure of the same could result in injustice to several other affected persons, whose information is sought.” “The seeking of the above information, especially after the Petitioner’s daughter did not obtain employment, clearly points to some ulterior motives,” the Court had further remarked. Even otherwise, the Court had observed that on merits, the information sought in respect of the names of the fathers and residential addresses of the candidates was completely invasive, and would be a roving and fishing enquiry. The Court had noted, “The said information which is sought is clearly protected under Section 8(1)(j) of the RTI Act which provides that any such information shall not be provided which constitutes personal information and is invasive of the privacy of individuals.” Case title – Har Kishan v. President Secretariat & Anr. [W.P.(C) 7976/2020] Click Here To Download Order/Judgment Read Order/JudgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Co Derry school sends pupils home to self-isolate amid Coronavirus concerns

first_imgHomepage BannerNews Co Derry school sends pupils home to self-isolate amid Coronavirus concerns Twitter Google+ Twitter Google+ WhatsApp WhatsApp A number of pupils from a Co Derry school have been sent home due to concerns over the spread of the Coronavirus.Pupils from Limavady Grammar School have been sent home to self-isolate after recently returning from a midterm trip to Italy.Meanwhile, Irish tourists in Tenerife have contacted the Department of Foreign Affairs after a hotel there was put on lockdown.One thousand hotel guests staying at the H10 Costa Adeje Palace have been confined to their rooms after an Italian doctor visiting the building tested positive for COVID-19.The DFA says Irish citizens staying in the area have contacted them and its providing consular assistance.An emergency meeting of the Public Health Emergency Team currently underway in the Department of Health was called amid the increased number of fatalities in Northern Italy.Schools both north and south of the border have had to take precautionary measures after groups of students returned from midterm school trips to the affected Italian regions.Cambrige House in Ballymena and Limavady Grammar School in Co. Derry have sent some pupils home to self-isolate.Mount Anville secondary school in Goatstown in Dublin wrote to parents to say if their child has a compromised immune system to consider keeping them at home.The school noted that the advice on the HSE website had not been updated in four days, and instead cited advice from the NHS in the UK. Important message for people attending LUH’s INR clinic Nine til Noon Show – Listen back to Monday’s Programme By News Highland – February 25, 2020 center_img Facebook Community Enhancement Programme open for applications Arranmore progress and potential flagged as population grows Facebook Pinterest Loganair’s new Derry – Liverpool air service takes off from CODA Pinterest Previous articleEU adopts negotiating position on talks with UKNext articleSt Eunan’s beat Crana College to lift Ulster Cup News Highland RELATED ARTICLESMORE FROM AUTHOR Publicans in Republic watching closely as North reopens furtherlast_img read more

Clauses for concern

first_imgRelated posts:No related photos.  The courts have recently shown themselvesquite willing to interfere in employment contracts to curb the worst excessesof “creative” drafting. sarah lamont looks at some of thecircumstances in which clauses might be held unenforceableGenerally,people have the freedom to agree whatever contractual terms they wish. So wherethe parties to an employment contract expressly agree on terms, these willdetermine the contractual relationship, and the courts will not usually seek tointerfere with them.Employerswill often attempt to build in flexibility for themselves in case it shouldever be needed. However, there is a warning to be heeded: recent cases haveshown that where provisions are drafted in a way that is either oppressive ortoo wide-ranging, the courts can, and do, interfere to hold that such clausesare legally unenforceable.  Itis important to be aware of the limits on your freedom to contract, not leastso you can take steps to draft contracts in a way which is likely to be upheld.It is a case of planning for the “what if?” scenario – whilerecognising what is realistically achievable.Thereare some clauses which will never be enforceable and no amount of carefuldrafting will change that. It is as well to be aware of those. In contrast,there are some cases where the question of whether you can rely on a clausedepends on the forethought that has gone into the writing of the contract. PenaltyclausesItis important to distinguish between a liquidated damages clause and a penaltyclause. This is because the two can look very similar – but the first is legalwhile the second is not. A liquidated damages clause is where the parties agreethat if either side breaches the terms of the contract, it shall pay to theother a specified sum of money. The key to making such a clause enforceable isthat the sum must not exceed a genuine estimate of the loss the innocent partywould be likely to suffer as a result of the breach. Incontrast, where the contract states that the party committing the breach isrequired to pay an excessive sum disproportionate to the loss likely to besuffered by the innocent party – so that, in fact, it is designed to”frighten” the other party into complying with the contract terms –the clause will be deemed a penalty clause and therefore unenforceable.  Anexample of a penalty clause in an employment contract arose in the recent caseof Giraud UK v Smith, 2000, IRLR 763. Smith was employed by Giraud and underhis contract of employment he was required to give four weeks notice. Thecontract also provided that, “failure to give the proper notice and workit out will result in a reduction from your final payment equivalent to thenumber of days short”. Despitethis clause, Smith terminated his employment without notice. Relying on theclause, Giraud refused to pay him the money he would otherwise have been due onthe basis it was entitled to recover from him a sum equivalent to his fourweeks notice pay. Thetribunal held the provision was a penalty clause because its purpose was todeter employees from leaving without giving notice. The amount recoverable byGiraud was not related in any way to the actual loss it might suffer if theemployee failed to give proper notice. Indeed, Giraud was potentially not goingto suffer any loss at all because any money which had to be paid to cover thefour weeks notice period could be set off by not having to pay Smith.Giraudappealed to the Employment Appeal Tribunal, which upheld the tribunal’sdecision. The EAT found the following points to be important:–The sum the employee was required to pay under the clause was not a genuinepre-estimate of the loss or damage the employer would suffer.–It did not place any limitation on the employer’s right to recover damages foractual loss in the event of this being greater than the amount specified in theclause. –Effectively it was a case of the company saying to Smith, “Heads I win,tails you lose”.Thequestion of whether a sum stipulated is a penalty or liquidated damages is tobe judged on the terms and inherent circumstances of each particular contractat the time of the making of the contract, not at the time of the breach. Ofcourse, there is always a risk that a lawful liquidated damages clause mayspecify a sum which is more than the loss actually sustained, even where therewas a genuine attempt to estimate likely loss. The courts should not,therefore, be quick to interfere but where the effects of the clause areoppressive, they will.Unfaircontract terms Thereused to be some doubt as to whether the Unfair Contract Terms Act 1977 (UCTA)applied to contracts of employment. This was mainly because it is used where”one of the parties to a contract deals as a consumer, or on the other’swritten standard terms of business”. The issue was finally resolved thisyear in the case of Brigden v American Express Bank, 2000, IRLR 94. The HighCourt said it was clear that UCTA was intended to apply to contracts ofemployment and that, in most cases, an employee will be “dealing as aconsumer”.Thisdecision certainly increases the scope for employees to challenge express termsin their contracts. One instance in which an UCTA argument could be used iswhere an employer tries to limit the entitlement to exercise share optionsafter termination, even where the termination of employment amounts to a breachof contract by the employer.  However,UCTA applies only to clauses drafted in such a way that they seem to exclude orrestrict the employer’s liability for breaches, or to allow the employer not toperform the contract, or to perform it in a substantially different way fromthat reasonably expected. The case of Brigden gives some clues as to how thecourts might approach this in the employment arena.Brigdenwas dismissed without a disciplinary procedure. He claimed loss of salary andcontractual fringe benefits for the period of time it would have taken the bankto carry out the procedure. The bank relied on a clause in his contract whichsaid, “An employee may be dismissed by notice and, or, payment in lieu ofnotice during the first two years of employment without implementation of thedisciplinary procedure”.MrBrigden asserted that this provision was unenforceable because it wasunreasonable under section 3 of Ucta. Section 3 states that where one of theparties to a contract deals as a consumer, or on the other’s written standardterms of business, “as against that party, the other cannot by anyreference to any contract term: (a) when himself in breach of contract, excludeor restrict any liability of his in respect of the breach; or (b) claim to beentitled: (i) to render a contractual performance substantially different fromthat which was reasonably expected of him; or (ii) in respect of the whole orpart of his contractual obligation, to render no performance at all; except inso far as the contract term satisfies the requirement of reasonableness”.However,the court held the clause limiting the application of the disciplinaryprocedure, although expressed in negative terms, was actually a clause settingout his entitlement and the limits of his rights. It was not covered by thedefinition in section 3.Finally,the court held that even if the clause had come within the section, it wouldprobably have satisfied the requirements of reasonableness.Excludingstatutory rightsTermsin the contract which limit or exclude statutory employment protection rightsunder the Employment Rights Act 1996 are void, subject to limited exceptionswhich are set out in section 203 of the Act. Themost well known exceptions are COT 3 agreements, where Acas has conciliated,and compromise agreements. Similar provisions are contained in the SexDiscrimination Act, Race Relations Act, Disability Discrimination Act, EqualPay Act, and the Trade Union Labour Relations (Consolidation) Act.RestrictivecovenantsRestraintof trade clauses are a category of terms often held to be void by the courts.The general rule is that all contractual restraints on an ex-employee’s freedomto work are void, unless they can be shown to be reasonable in terms ofprotecting a legitimate business interest – and that they go no further interms of duration and geographical extent, prohibition on business activitiesand customer contact, than is absolutely required. Thisis therefore another case where careful drafting is crucial. Courts willconstrue the clauses in the narrowest way possible and any ambiguity will goagainst the employer.         Keypoints – penalty clauses–Consider the purpose of the clause – if it is genuinely intended to allow youto recover loss you are likely to suffer, rather than as a deterrent, it shouldbe enforceable.–Ensure the drafting of the clause reflects that purpose: if it is ambiguous itwill be interpreted against you – for example if it could be read as allowingyou to recover more than the likely losses. –Beware of clauses concerning the repaying of training fees. You might well wantto recover money spent on training an employee if he or she leaves to go toanother job and your investment is wasted. In most cases this should not be aproblem. However, there may be cases where you are able to gain something fromthe training, so take care to draft the clause in such a way as to tie it toloss actually suffered. Keypoints – unfair contract terms act 1977–Employment contract terms are governed by UCTA.–An employee can challenge any clause drafted in a way that it seems to excludeor restrict the employer’s liability for breaches, or purports to allow theemployer not to perform the contract, or to perform it in a substantiallydifferent way from that reasonably expected.–The onus will then be on you to show the clause is reasonable.–Be clear about what you want to achieve with the clause and ensure the draftingreflects that, where it is a legitimate aim.–Be prepared to show business reasons for including the clause as that mayassist in demonstrating reasonableness. SarahLamont is an employment partner at Bevan Ashford in Bristol Previous Article Next Article Clauses for concernOn 1 Dec 2000 in Personnel Today Comments are closed. last_img read more