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SIGNIFICANT DEVELOPMENTS IMMEDIATELY BEFORE THE CASE … In Thompson -v- NSL Limited EWHC 679 (QB) Master McCloud considered the issue of whether there had been significant developments sufficient to allow a revision of the costs budget when it was known at the time the budget was made that the claim had a significantly increased budget. The Master stressed that this was an unusual case and there had been significant developments CASE AGAINST SOLICITORS WAS STATUTE BARRED: THE …SEE MORE ON CIVILLITIGATIONBRIEF.COM CLAIMANT SUCCESSFUL ON APPEAL IN APPLICATION FOR NON … In Sparkes v London Pension Funds Authority & Anor EWHC 1265 (QB) Mr Justice Murray allowed an appeal and made an order for non-party disclosure in favour of a claimant. There are few appellate decisions in relation to non-party disclosure and this contains a useful review of the principles. It is provides a lesson for those advising respondents to these applications. WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON …SEE MORE ON CIVILLITIGATIONBRIEF.COM THE SITUATION WHERE A PARTY SERVES ITS SCHEDULE OF … the situation where a party serves its schedule of costs late: claimant permitted to recover costs, but this is a point to watch DEFAULT COSTS CERTIFICATE NOT SET ASIDE: SERVICE BY …SEE MORE ON CIVILLITIGATIONBRIEF.COM CLEAR FINDINGS OF FUNDAMENTAL DISHONESTY: NO …SEE MORE ON CIVILLITIGATIONBRIEF.COM THE TORT OF “BRINGING PROCEEDINGS FOR AN IMPROPER … The judgment of Andrew Lenon QC in Kings Security Systems Ltd v King & Anor EWHC 325 (Ch) contains a detailed consideration of the tort of “bringing proceedings for an improper purpose”. This tort (may well) still exist, however it has only succeeded in SIR HARRY OGNALL: A TRIBUTE: SOMEONE PROUD TO BE …SEE MORE ON CIVILLITIGATIONBRIEF.COM CIVIL LITIGATION BRIEF Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square,London.
SIGNIFICANT DEVELOPMENTS IMMEDIATELY BEFORE THE CASE … In Thompson -v- NSL Limited EWHC 679 (QB) Master McCloud considered the issue of whether there had been significant developments sufficient to allow a revision of the costs budget when it was known at the time the budget was made that the claim had a significantly increased budget. The Master stressed that this was an unusual case and there had been significant developments CASE AGAINST SOLICITORS WAS STATUTE BARRED: THE …SEE MORE ON CIVILLITIGATIONBRIEF.COM CLAIMANT SUCCESSFUL ON APPEAL IN APPLICATION FOR NON … In Sparkes v London Pension Funds Authority & Anor EWHC 1265 (QB) Mr Justice Murray allowed an appeal and made an order for non-party disclosure in favour of a claimant. There are few appellate decisions in relation to non-party disclosure and this contains a useful review of the principles. It is provides a lesson for those advising respondents to these applications. WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON …SEE MORE ON CIVILLITIGATIONBRIEF.COM THE SITUATION WHERE A PARTY SERVES ITS SCHEDULE OF … the situation where a party serves its schedule of costs late: claimant permitted to recover costs, but this is a point to watch DEFAULT COSTS CERTIFICATE NOT SET ASIDE: SERVICE BY …SEE MORE ON CIVILLITIGATIONBRIEF.COM CLEAR FINDINGS OF FUNDAMENTAL DISHONESTY: NO …SEE MORE ON CIVILLITIGATIONBRIEF.COM THE TORT OF “BRINGING PROCEEDINGS FOR AN IMPROPER … The judgment of Andrew Lenon QC in Kings Security Systems Ltd v King & Anor EWHC 325 (Ch) contains a detailed consideration of the tort of “bringing proceedings for an improper purpose”. This tort (may well) still exist, however it has only succeeded in SIR HARRY OGNALL: A TRIBUTE: SOMEONE PROUD TO BE …SEE MORE ON CIVILLITIGATIONBRIEF.COM HIGH COURT GRANTS RELIEF FROM SANCTIONS FOLLOWING … In Finvest Holdings Sarl -v- Lovering 3WLUK 579 HHJ Pelling (sitting as a High Court Judge) granted a claimant relief from sanctions when the claimant failed to comply with a peremptory order. There is a detailed discussion of the Denton criteria, together with consideration of the kind of evidence needed when a party is asserting that Covid has affected their ability to function. TAKE CARE: THE SOLICITOR SIGNED THE STATEMENT OF … I am picking up another point from the judgment in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) EWHC 1414 (TCC). That is the care that must be taken when a solicitor signs a statement of truth. In this case a solicitor signed the statement of truth in a case where the judge found that the statement was clearlyuntrue.
WITNESS STATEMENTS & HILLSBOROUGH (A REPEAT II The tragic events of Hillsborough are in the news again. I am here repeating a post first written in 2016. The post is on one small part of the process: the initial gathering of evidence. It was t NO NEED TO CALL CLAIMANT’S MEDICAL EXPERT IN A FAST … I am grateful to Claire Haley from Aegis Legal for sending me a copy of the judgement of HHJ Freedman in Taylor -v- TUI UK Limited (County Court at Newcastle 22nd January 2021). The judge overturned a decision that the claimant’s expert in a fast track MORE ON MULTIPLE INJURIES, THE TARIFF AND TEST CASES Official Injuries Claims have issued a release explaining the approach to test cases and multiple injuries. This explains the collaborative approach being adopted to find test cases in claims where the injuries fall inside and outside the tariff scheme.JUNE 4, 2021
In BB & Ors v Al Khayyat & Ors EWHC 1499 (QB) Mr Justice Chamberlain allowed, in part, an application by a defendant that certain evidence put forward by the claimants in relation to an application be excluded. MEDICAL AGENCY COSTS NOT RECOVERABLE IN FIXED COSTS … I am grateful to Simon Fisher of DWF for sending me a copy of the decision of Deputy District Judge Akers in Powles -v- Hemmings, a decision on the 23rd April 2021, a copy of which is available here Powles v Hemmings – St Helens CC – Judgment – 20210423 V Final_ The case relates to the issue of what part of the costs of a medical report are recoverable, the judge holding that the costs SETTING ASIDE AN ORDER MADE WITHOUT A HEARING OR … The previous post looked at the judgment in Kuznetsov, R (On the Application Of) v London Borough of Camden EWHC 3910 (Admin). In that judgment Mostyn J stated that there was no authority on the issue of the criteria when a party is seeking to set aside an order made without a hearing. CIVILLITIGATIONBRIEF.COM civillitigationbrief.com SEARCH RESULTS FOR “STATEMENT OF TRUTH” In Dutta, R (On the Application Of) v General Medical Council (GMC) EWHC 1974 (Admin) Mr Justice Warby set out a powerful critique of the reasoning given by the Medical Practitioners Tribunal. CIVIL LITIGATION BRIEF Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square,London.
WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON …SEE MORE ON CIVILLITIGATIONBRIEF.COM SIGNIFICANT DEVELOPMENTS IMMEDIATELY BEFORE THE CASE … In Thompson -v- NSL Limited EWHC 679 (QB) Master McCloud considered the issue of whether there had been significant developments sufficient to allow a revision of the costs budget when it was known at the time the budget was made that the claim had a significantly increased budget. The Master stressed that this was an unusual case and there had been significant developments CASE AGAINST SOLICITORS WAS STATUTE BARRED: THE … In Elliott v Hattens Solicitors (a firm) EWCA Civ 720 the Court of Appeal found that an action against a firm of solicitors was statute barred. The loss had occurred more than six years prior to the date of the issue of proceedings. The case is a working example of the dangers of assuming that a limitation period runs from the date a lossbecomes apparent.
JOINT LIABILITY OF DEFENDANTS TO PAY COSTS: TRYING TO … The judgment of HHJ Keyser QC in Arag Plc v Jones & Anor EWHC 3484 (Comm) is, on the face of it, a technical issue about the right of an insurer to claim a contribution. The key issue here, is, however why the solicitors did not take out after the event insurance in the name of both parties to an action. The solicitors obtained insurance only for one of two claimants. SIR HARRY OGNALL: A TRIBUTE: SOMEONE PROUD TO BE …SEE MORE ON CIVILLITIGATIONBRIEF.COM LIMITATION AMNESTIES: AN INTERESTING CASE There is an interesting case comment on the DACbeachcroft website in relation to limitation amnesties.. Andrews v South Tees Hospitals NHS Foundation Trust. The comment is by Joe Walton. It reports a case where a claimant sought an extension of time to serve her claim. APPLYING FOR RELIEF FROM SANCTIONS: 14 KEY POINTS TO …DISASTER RELIEF APPLICATION FORMGENERAL RELIEF APPLICATION SAN DIEGOAPPLICATION FOR EMERGENCY RELIEF FUNDFEMA DISASTER RELIEF APPLICATION ONLINESBA DISASTER RELIEF APPLICATIONAPPLY FOR GENERAL RELIEF ONLINE A party applying for relief from sanctions must explain the reason for the breach and any delay. The only option is honesty. The court must be told the real reason that the obligation was overlooked. An explanation is required. The fact that the reason is not a “good” one is far from decisive. It is only one factor. BACK TO BASICS 19: COSTS BUDGETING WHEN CASE IS MORE … There are special rules governing budgets in cases where the claimant claims more than £25,000 but less than £50,000. Firstly the budget has to be filed much earlier. Secondly the budget “mu CASE STRUCK OUT BECAUSE DELAY WAS AN ABUSE OF …SEE MORE ON CIVILLITIGATIONBRIEF.COM CIVIL LITIGATION BRIEF Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square,London.
WHEN A SOLICITOR SIGNS A STATEMENT OF TRUTH ON …SEE MORE ON CIVILLITIGATIONBRIEF.COM SIGNIFICANT DEVELOPMENTS IMMEDIATELY BEFORE THE CASE … In Thompson -v- NSL Limited EWHC 679 (QB) Master McCloud considered the issue of whether there had been significant developments sufficient to allow a revision of the costs budget when it was known at the time the budget was made that the claim had a significantly increased budget. The Master stressed that this was an unusual case and there had been significant developments CASE AGAINST SOLICITORS WAS STATUTE BARRED: THE … In Elliott v Hattens Solicitors (a firm) EWCA Civ 720 the Court of Appeal found that an action against a firm of solicitors was statute barred. The loss had occurred more than six years prior to the date of the issue of proceedings. The case is a working example of the dangers of assuming that a limitation period runs from the date a lossbecomes apparent.
JOINT LIABILITY OF DEFENDANTS TO PAY COSTS: TRYING TO … The judgment of HHJ Keyser QC in Arag Plc v Jones & Anor EWHC 3484 (Comm) is, on the face of it, a technical issue about the right of an insurer to claim a contribution. The key issue here, is, however why the solicitors did not take out after the event insurance in the name of both parties to an action. The solicitors obtained insurance only for one of two claimants. SIR HARRY OGNALL: A TRIBUTE: SOMEONE PROUD TO BE …SEE MORE ON CIVILLITIGATIONBRIEF.COM LIMITATION AMNESTIES: AN INTERESTING CASE There is an interesting case comment on the DACbeachcroft website in relation to limitation amnesties.. Andrews v South Tees Hospitals NHS Foundation Trust. The comment is by Joe Walton. It reports a case where a claimant sought an extension of time to serve her claim. APPLYING FOR RELIEF FROM SANCTIONS: 14 KEY POINTS TO …DISASTER RELIEF APPLICATION FORMGENERAL RELIEF APPLICATION SAN DIEGOAPPLICATION FOR EMERGENCY RELIEF FUNDFEMA DISASTER RELIEF APPLICATION ONLINESBA DISASTER RELIEF APPLICATIONAPPLY FOR GENERAL RELIEF ONLINE A party applying for relief from sanctions must explain the reason for the breach and any delay. The only option is honesty. The court must be told the real reason that the obligation was overlooked. An explanation is required. The fact that the reason is not a “good” one is far from decisive. It is only one factor. BACK TO BASICS 19: COSTS BUDGETING WHEN CASE IS MORE … There are special rules governing budgets in cases where the claimant claims more than £25,000 but less than £50,000. Firstly the budget has to be filed much earlier. Secondly the budget “mu CASE STRUCK OUT BECAUSE DELAY WAS AN ABUSE OF …SEE MORE ON CIVILLITIGATIONBRIEF.COM TAKE CARE: THE SOLICITOR SIGNED THE STATEMENT OF … I am picking up another point from the judgment in Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) EWHC 1414 (TCC). That is the care that must be taken when a solicitor signs a statement of truth. In this case a solicitor signed the statement of truth in a case where the judge found that the statement was clearlyuntrue.
CLAIMANT SUCCESSFUL ON APPEAL IN APPLICATION FOR NON … In Sparkes v London Pension Funds Authority & Anor EWHC 1265 (QB) Mr Justice Murray allowed an appeal and made an order for non-party disclosure in favour of a claimant. There are few appellate decisions in relation to non-party disclosure and this contains a useful review of the principles. It is provides a lesson for those advising respondents to these applications.JUNE 3, 2021
An earlier post dealt with the issues relating to multiple injuries in personal injury cases where a claimant suffered multiple injuries and some of those injuries are subject to the statutory tariff scheme whilst others are not.JUNE 4, 2021
In BB & Ors v Al Khayyat & Ors EWHC 1499 (QB) Mr Justice Chamberlain allowed, in part, an application by a defendant that certain evidence put forward by the claimants in relation to an application be excluded. MORE ON MULTIPLE INJURIES, THE TARIFF AND TEST CASES Official Injuries Claims have issued a release explaining the approach to test cases and multiple injuries. This explains the collaborative approach being adopted to find test cases in claims where the injuries fall inside and outside the tariff scheme. MEDICAL AGENCY COSTS NOT RECOVERABLE IN FIXED COSTS … I am grateful to Simon Fisher of DWF for sending me a copy of the decision of Deputy District Judge Akers in Powles -v- Hemmings, a decision on the 23rd April 2021, a copy of which is available here Powles v Hemmings – St Helens CC – Judgment – 20210423 V Final_ The case relates to the issue of what part of the costs of a medical report are recoverable, the judge holding that the costs CIVILLITIGATIONBRIEF.COM civillitigationbrief.comMEDICAL REPORT
Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square,London.
SEARCH RESULTS FOR “STATEMENT OF TRUTH” In Dutta, R (On the Application Of) v General Medical Council (GMC) EWHC 1974 (Admin) Mr Justice Warby set out a powerful critique of the reasoning given by the Medical Practitioners Tribunal. CIVIL LITIGATION BRIEF Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square,London.
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UPDATES AND COMMENTARY ON CIVIL PROCEDURE, BY GORDON EXALL, BARRISTER, KINGS CHAMBERS, LEEDS, MANCHESTER & BIRMINGHAM. HARDWICKE, LONDON SANCTIONS: CASE WATCHDecember 12, 2013
by gexall ·
in Appeals ,
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,
Relief from sanctions,
Useful links
This section looks at decisions in relation to relief from sanctions and the general principles of CPR 3.9. Often there are links to the decisions themselves, together with links to posts on this blog. A USEFUL GUIDE – BY SUBJECT… CIVIL LITIGATION AND COVID-19: GUIDANCE FROM 2TGMarch 27, 2020
by gexall ·
in Civil Procedure
,
Coronavirus
, Useful
links
2TG have kindly sent me a link to their guidance “Civil Litigation in the time of Covid-19: Everything you need to know and consider”. The link is available here. (I have no difficulty in putting up guidance from any … GUIDANCE IN DEVON AND CORNWALL: VACATION OF COURT HEARINGS ANDRE-LISTING
March 27, 2020
by gexall ·
in Adjournments
,
Applications
,
Coronavirus
, Remote
hearings
The President of Plymouth Law Society has sent out the following guidance. COVID-19 – URGENT – CIVIL COURT HEARINGS TO BE VACATED – HHJ GORE QC Dear Member If you are a Civil Court user please read the notice below from… INNOVATIVE APPROACH WHEN PROPOSED APPELLANT UNABLE TO ATTEND COURTMarch 27, 2020
by gexall ·
in Appeals ,
Applications
, Remote
hearings
,
Written advocacy
In EWHC 735 (QB) Mrs Justice Tipples took an innovative approach to the problems caused by a claimant’s inability to attend court because of the coronavirus problems. The submissions were made by email. THE CASE The judge was… REMOTE HEARING – WENT AHEAD AND WORKEDMarch 27, 2020
by gexall ·
in Applications
,
Coronavirus
, Remote
hearings
In Jalla & Ors v Royal Dutch Shell Plc & Ors EWHC 738 (TCC) Mr Justice Stuart-Smith gave judgment in a hearing that was conducted remotely. This demonstrates that, with considerable effort, remote hearings can work in complex hearings…. VIDEO: CREATING AND USING ELECTRONIC HEARING BUNDLES: ST PHILIPSCHAMBERS
March 27, 2020
by gexall ·
in Bundles ,
Coronavirus
St Philips Chambers have kindly sent me a link to their video “Creating and using electronic hearing bundles” available here. The video explains how to create and use an electronic trial or hearing bundle using Adobe Acrobat Pro. 117TH PRACTICE DIRECTION UPDATE TO THE CIVIL PROCEDURE RULES – CORONAVIRUS PANDEMIC RELATED.March 27, 2020
by gexall ·
in Civil Procedure
,
Coronavirus
New Practice Direction 51Z to Stay Possession Proceedings The Master of the Rolls and the Lord Chancellor have signed Practice Direction 51Z (PD) in relation to housing possession proceedings during the Coronavirus pandemic. It follows the Coronavirus Act 2020 emergency legislation and complements… CONTINGENCY PLANNING – COURTS AND TRIBUNALS: STATEMENT FROM THE LORD CHIEF JUSTICE AND PRESIDENT OF TRIBUNALSMarch 27, 2020
by gexall ·
in Civil Procedure
,
Coronavirus
“Contingency planning – courts and tribunals 1. The COVID-19 pandemic and the rapid spread of the virus around the country presents an unprecedented challenge to all those involved in the administration of justice. 2. It is vital to maintain a… TWITTER SOURCED ADVICE: “LOW TECH” IDEAS FOR WORKING AT HOMEMarch 27, 2020
by gexall ·
in Coronavirus
Again I have used the media of Twitter to get “low tech” advice for working at home. Your ironing board has more uses than one. Emma Bower (@EmmaMcBower) I’d say keeping a normal routine of getting up, washed, dressed and… USEFUL LINKS: SUPPORT FOR INDIVIDUALS (WELLBEING AND HEALTH)March 27, 2020
by gexall ·
in Coronavirus
, Useful
links ,
Well being
Continuing with the series on useful links, here we look at links to help with health and wellbeing. MENTAL HEALTH SAMH is Scotland’s national mental health charity and has been around since 1923. They have a page dedicated… VIRTUAL SETTLEMENT MEETINGS AND MEDIATIONS: (MEDIATION WHEN LIVING ACLOISTERED LIFE…)
March 26, 2020
by gexall ·
in Applications
,
Coronavirus
, Remote
hearings
Cloisters Chambers has produced a video Virtual Settlement Meetings and Mediations, available here. THE VIDEO There is a simulated virtual mediation. This is explained by the Cloisters’ team that produced it. “The attached guide is a record of our evolving… USEFUL LINKS: FINANCIAL HELP FOR INDIVIDUALS DURING THE CORONAVIRUSCRISIS
March 26, 2020
by gexall ·
in Coronavirus
, Useful
links
Here we look at useful links for financial advice for individuals. MoneySavingExpert has a guide to financial help and rights during the coronavirus outbreak. This is said to be constantly updated and if you have a question that is not covered,… USEFUL LINKS: SUPPORT FOR LAWYERS DURING THE CORONAVIRUS CRISIS (BECAUSE LAWYERS ARE PEOPLE TOO…)March 26, 2020
by gexall ·
in Coronavirus
, Well
being
The third in the series on useful links. Here we look at help and guidance for lawyers. GENERAL GUIDANCE The Law Society offers advice and updates on Coronavirus for the legal profession, including advice for: employers firm owners, managing partners and… GUIDANCE IN CIVIL CASES FROM THE DCJ FOR NORTHUMBRIA AND DURHAMMarch 26, 2020
by gexall ·
in Case Management
,
Civil Procedure
,
Coronavirus
HHJ Jeremy Freedman, DCJ for Northumbria and Durham, has given the following guidance for courts within that area. Note: (1) The extension of time for the parties to agree variation of the timetable to 90 days; (2) Electronic signatures will… WORKING FROM HOME: USEFUL ADVICE: ERGONOMICS, PERIPHERALS AND MUCHMORE
March 26, 2020
by gexall ·
in Coronavirus
, Useful
links
I have a thread running on Twitter at the moment on “low-tech” advice about working from home. This will appear on this blog soon (and all I can say at present is that ironing boards are featuring alot). I…
USEFUL LINKS: SUPPORT FOR BUSINESSES DURING THE CORONAVIRUS CRISISMarch 26, 2020
by gexall ·
in Coronavirus
, Useful
links
Continuing with the series on useful links, her are links to useful links for businesses. The British Chambers of Commerce has a Coronavirus Hub. This provides information based on official guidance from the UK government and it is amended as and… CORONAVIRUS USEFUL LINKS: GUIDANCE FOR THE SELF-EMPLOYEDMarch 26, 2020
by gexall ·
in Coronavirus
, Useful
links
I will be providing regular updates on useful links. Here we look at useful guides and links for the self-employed. BBC News reports that new measures will be unveiled for self-employed workers facing financial difficulties as a result of coronavirus later… MODEL LETTERS FOR LAWYERS IN THE CORONAVIRUS CRISISMarch 25, 2020
by gexall ·
in Civil Procedure
,
Coronavirus
I am grateful to John McQuater, solicitor, for sending me copies of model letters for use in the current crisis. The first is for the client, the other to the other side in litigation. Emergency 1 –Letter to client…
INFORMATION FOR QUEEN’S BENCH COURT USERS QUEEN’S BENCH MASTERS HEARINGS AND QB ACTION DEPARTMENTMarch 25, 2020
by gexall ·
in Applications
,
Coronavirus
Further guidance has been issued by the Queens’ Bench Division in relation to hearings before QB Masters. CORONAVIRUS BULLETIN 2 “In the light of the developments of the last 48 hours, the situation has changed from the communication sent out… REMOTE WORKING AND THE LITIGATOR 4: YOU CAN AGREE TO EXTEND TIME FOR SERVICE OF THE CLAIM FORM: BUT YOU HAVE TO BE CAREFULMarch 25, 2020
by gexall ·
in Civil Procedure
,
Coronavirus
,
Extensions of time
,
Service of the claim form One question asked after I gave a webinar this morning was whether it is possible for the parties to agree an extension of time for service of the claim form. The brief answer is – yes it is. Care has… NEW PRACTICE DIRECTION COMES INTO FORCE TODAY: VIDEO OR AUDIO HEARINGS DURING CORONAVIRUS PANDEMICMarch 25, 2020
by gexall ·
in Civil Procedure
,
Coronavirus
A new Practice Direction comes into force today governing remote hearings. 116th UPDATE – PRACTICE DIRECTION AMENDMENTS PRACTICE DIRECTION 51Y – VIDEO OR AUDIO HEARINGS DURING CORONAVIRUS PANDEMIC This Practice Direction supplements Part 51 1. This practice direction, made under…1 2 … 169
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